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https://fastfrags.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Like any other website, https://fastfrags.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Note that https://fastfrags.com has no access to or control over these cookies that are used by third-party advertisers.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
https://fastfrags.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Before using Fast Frags, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). The Terms below constitutes a binding contract between you and Fast Frags.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms.
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.
Fast Frags reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Fast Frags shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Fast Frags may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3.1 Creating Your Fast Frags Account
You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Competitions and communicating with other account holders through the Site or App, you are required to create a Fast Frags account (“Account,” as further defined below). You must be at least eighteen (18) years of age to open a Fast Frags account for any Paid Entry Competitions. You must be at least thirteen (13) years of age to open a Fast Frags account for any Free Competitions.
To sign up for an Account, you must submit a username and password. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that Fast Frags may request in its sole discretion. To enter Competitions that require you to make deposits, you may be required to submit your social security number, upon withdrawal of any deposits. You must provide us with accurate and complete information when if, at any time, your account information changes.
You may not use a username that promotes a commercial venture or a username that Fast Frags in its sole discretion deems offensive. Fast Frags may require you to change your username or may unilaterally change your username.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities, charges, and damages that occur nder your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any Competition. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to [email protected] immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. Fast Frags cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 Purpose of Account
You agree that the sole and specific purpose of creating an account on Fast Frags is to participate in the service provided by Fast Frags online. Fast Frags shall be entitled to suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Competitions on the Service. In such circumstances, we may also report such activity to relevant authorities.
Generally, you may have access to Free Competitions (as further defined below) in any jurisdiction. There are restrictions, however, on who may have access to Paid Entry Competitions (as further defined below), and where those persons may access the Paid Entry Competitions. This Eligibility section applies to Paid Entry Competitions.
You must also be at least eighteen (18) years of age to participate in Competitions or win prizes offered through Fast Frags Paid Entry Competitions. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Entry Competitions is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. To enter a Paid Entry Competition, you must be at least nineteen (19) years of age if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states, Washington, DC, and Canada excluding Arizona, Connecticut, Maryland, and Quebec (the “Prohibited Jurisdictions”) are eligible to open an account and participate in Paid Entry Competitions offered by FF.
Legal residents of the Prohibited Jurisdictions are eligible to open and maintain accounts on the Site for use only in games that do not offer prizes and do not cost money to enter. By depositing money or entering a Paid Entry Competition, you are representing and warranting that:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
Fast Frags may limit access, via technological means, to the Site and the services in the Excluded States. If you attempt to deposit money into an Account or play in any Competition in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the services offered thereon to be used by persons present in jurisdictions in which the playing of fantasy sports Competitions may be prohibited or restricted.
By visiting the Site, you will be able to view the games available for entry (“Competitions”). While some Competition may be free to enter, certain Competitions on the Site or App will require an entry fee. It is your responsibility to know and understand the rules and required entry fees for any given Competition.
Fast Frags Competitions consist of tournaments, ladders, and other competitions more fully explained in our Competitive Rules Guideline and within the directions of each individual Competition. Fast Frags offers two categories of Competitions – Free Competitions and Paid Entry Competitions.
Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. In particular, due to restrictions in certain jurisdictions’ laws, residents of the Prohibited Jurisdictions are not eligible to participate in our Paid Entry Competitions.
6.1 Entry Fee
Paid Entry Competitions each have an entry fee. The entry fee may vary from Competition to Competition. When you choose to enter a Paid Entry Competition and complete the entry process, the requisite entry fee will be debited from your Fast Frags account. All payments are final. No refunds will be issued.
6.2 Conditions for Entry
To be eligible to enter any Competition or receive any prize, the you may be required to provide Fast Frags with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, Fast Frags will, in its sole and absolute discretion, utilize certain information collected by Fast Frags to assist in verifying the identity and/or eligibility of such account holder.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is Contested and in FF’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Fast Frags reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Fast Frags employees (“Employees”) and Immediate Family Members (an “Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Entry Competition hosted on the Site or App; provided, however, Employees and Immediate Family Members are permitted to play in Free Competitions.
By entering a Competition, entrants agree to be bound by these Rules and the decisions of Fast Frags, which shall be final and binding in all respects. Fast Frags, at its sole discretion, may disqualify any entrant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information Fast Frags deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other entrants. These Terms prohibit entering a Competition if the entrant is:
In addition, conduct that would be deemed improper also includes, but is not limited to:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Fast Frags from pursuing criminal or civil proceedings in connection with such conduct.
6.3 Indemnification for Competition Entry
By entering into a Competition or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Fast Frags, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Fast Frags may, in its sole and absolute discretion, require the account holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
6.4 Competition of Skill – Paid Entry Competitions
Paid Entry Competitions offered on the Site or App are Competitions of skill. Each of our Competitions are governed by specific rules, as may be modified from time to time, which are set forth in the Competition official rules and are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Competition Rules, scoring, and any other applicable documentation associated with the Competition. From all entries received for each Competition, winners are determined by the individuals who use their skill to accumulate the most points according to the corresponding scoring rules. The Site, App, and Competitions may not be used for any form of illicit gambling.
6.5 Competition Results
Prizes will only be awarded if a Competition is run. We reserve the right to cancel Competitions at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Service.
All open Competitions that are completed on Fast Frags have a predetermined prize pool and number of entrants. Competitions labeled as "Guaranteed" will always run and pay out regardless if the Competition starts as unfilled. Some structured Competitions, however, require a specified number of participants. If that number of participants is not reached before the start of the Competition, the Competition will not take place and your entrance fee will be refunded. At the end of each Competition, you are required to immediately report the outcome of the Competition to us in the Match Lobby. You are required to report whether you won or lost. To insure you are awarded for winning a Competition, you are required to submit screen shots of each game played. Participants who do not immediately report, within thirty minutes of their opponent reporting will take a platform wide reputation hit for failure to timely report.
6.6 Proof of Winning
All players are required to provide valid proof that (1) a competition was played; and (2) that one of the participants won the competition. Valid proof can be in the form of screenshots, images, and/or video and are required to contain the following information: (1) networkID names and (2) game/round score.
The reporting user for the winning team is required to show proof of winning if Competition is disputed. In order to limit confusion, the burden of proof to be awarded a Competition win, falls on the winning competitor (player or team).
6.7 Match Disputes
If competing players or teams both report the same outcome (win/win or loss/loss), the Competition will be automatically routed to our customer service team. The outcome of the match will be awarded based on proofing of winning.
Fast Frags will review the submitted screenshots and, in its sole discretion, award the win based on the rules of the competition. All determinations made by Fast Frags in awarding Competition outcome based on Proof of Winning screenshots are final.
Competition prize payouts will be published with the creation of each new Competition (“Competition Prize Table”).
Prizes will be awarded as soon as reasonably practicable following the submission of a proof of winning and any determination of match disputes. The prizes available for each Competition are published in the respective Competition Prize Table.
No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Competition, Fast Frags reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of Fast Frags Competitions, FastFrags, Inc. is the sole judge and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms of Service, in any way, we may disqualify you from any Competition entered, in which case any prizes awarded to you as a result of said Competition will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you
Users can purchase the Fast Frags subscription service for a monthly reoccurring fee as specified on the Site, which Fast Frags reserves the right to change or amend in its sole discretion. This fee will automatically renew on the first day of each month. Users with the subscription service shall be entitled to certain benefits as specified on the Site, which Fast Frags reserves the right to change or amend in its sole discretion. Fast Frags reserves the right to augment or eliminate benefits under the subscription service in its sole discretion.
If you choose a Subscription Service (including any pre-paid subscription which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Fast Frags permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until Fast Frags has verified that the credit card or other payment information you provide us for payment is accurate and that your payment method account is in good standing. You further agree that Fast Frags may charge any other applicable fees for the Service, including any early termination fee, to your payment method.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Fast Frags if your selected payment method is cancelled (e.g., for loss or theft).
We reserve the right to suspend or terminate your access to any Subscription Service that is a part of the Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charges.
You may choose not to renew your Subscription Service at any time by selecting the “Do Not Renew” option under your subscription setting at www.fastfrags.com/membership. Your cancellation is effective at the end of the current subscription term
If you enter a Competition, you may not cancel that entry. All Competition purchases are final. If you fail to participate in a Competition you enter, then you will forfeit your Competition fee. If you timely cancel an entry, your entry fee will be refunded back into your Account. Fast Frags has no obligation to honor cancellation requests received after the registration end date and time.
8.1 NO REFUND
Deposits made on our site will appear on your statement as FF. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
8.2 Disqualification and Cancellation by FF
Participation in each Competition must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, prize forfeiture.
Fast Frags, in its sole discretion, may disqualify you from a Competition or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct FF deems, in its sole discretion, to be improper, unfair, fraudulent 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, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized 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 these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Fast Frags from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
We reserve the right, in our sole discretion, to cancel or suspend any Competition (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Competition (or any portion thereof). This section specifically includes when a Competition Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Competition is cancelled altogether, no Competition entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Competition will once again be made available to you via your account.
You may cancel your account at any time through your account settings or by sending us an email at [email protected]. Unless Fast Frags is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, Fast Frags reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
Following termination of your account, however, your license to use FF’s Content automatically terminates, and FF has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Fast Frags. Your dealings with third parties are solely between you and such third parties. You agree that Fast Frags will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Fast Frags shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
11.1 Intellectual Property
Through the Site, email, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
Fast Frags owns or is in the process of registering trademarks for its many goods and services, including the Fast Frags name and the associated graphics, logos and service marks and may not be used without prior written consent of Fast Frags. All other trademarks, product names, and company names and logos appearing within the Site or App are the property of their respective owners.
11.2 Our Content
Our content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our content solely for legally permitted activities related to our Services as outlined in these Terms.
11.3 User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Fast Frags shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Fast Frags's social media pages (collectively, "Feedback") and it may share with any of its affiliates. Fast Frags will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, Fast Frags will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Fast Frags, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.
To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on Fast Frags's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fast Frags all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Fast Frags, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Fast Frags may refuse to accept or transmit User Content. Additionally, Fast Frags shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
12.1 Copyright Policy
Fast Frags complies with the Digital Millennium Copyright Act (DMCA). Fast Frags will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Fast Frags's Copyright Agent by email at [email protected] or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Fast Frags has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Fast Frags also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Fast Frags may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fast Frags’s sole discretion.
12.3 Trademark Policy
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered marks of Fast Frags and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Fast Frags aggressively enforces its intellectual property rights to the fullest extent of the law. Fast Frags’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site or App, without our prior, written permission. To request permission to use the Trademarks or Content on the Services, or any other Fast Frags material, please contact us.
Fast Frags DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, Fast Frags SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE OR APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR APP OR THE CONTENT. FURTHER, Fast Frags AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, Fast Frags INC. AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “FF") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. Fast Frags MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fast Frags ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): Fast Frags MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Fast Frags will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the FF equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL Fast Frags, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, FF’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
15.1 Initial Dispute Resolution
It is Fast Frags’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Fast Frags has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Fast Frags is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Fast Frags, you acknowledge and agree that you will first give Fast Frags an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to [email protected] or submitting a support ticket through the Service.
You then agree to negotiate with Fast Frags in good faith about your problem or dispute for at least sixty (60) days after FF’s receipt of your written description of it.
15.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.orgor by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fast Frags will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Fast Frags will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
15.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Fast Frags AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: FastFrags, << FF MAILING ADDRESS HERE >>. The notice must be sent within 30 days of August 16th, 2017 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Fast Frags also will not be bound by them.
15.7 Changes to this Section
Fast Frags will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute, not subject to arbitration you and Fast Frags agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Denver, Colorado. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Fast Frags shall be governed by the laws of the State of Colorado without regard to conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with FF’s prior written consent. Any assignment in violation of this section shall be null and void. Fast Frags may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Under these Terms you are contracting with FastFrags eSports Inc., a Colorado corporation. All notices should be addressed to FastFrags, Inc. at the address in the Contact section below.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Fast Frags company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
Fast Frags make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Fast Frags, are responsible for compliance with applicable local laws.
Fast Frags reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Colorado and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Fast Frags and its Services are deemed passive and that do not give rise to personal jurisdiction over Fast Frags or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Colorado. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Collin County in the State of Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and other referenced material constitutes the entire agreement between you and Fast Frags with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Fast Frags with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you have any questions regarding these Terms, please contact us at [email protected] or by mail at the appropriate address below:
<< FF MAILING ADDRESS HERE >>
December 17, 2017