Terms & Conditions

Last modified: August 22, 2022

Fan Controlled Sports & Entertainment, Inc. and its affiliates and subsidiaries, including Fanchise League Company LLC, Fanchise Services Company Inc., and Fanchise Technology Company LLC (collectively, the “Company,” “we,” “us” or “our”) operates a football league where real fans pick the plays executed by real players in real-time.

Please read the following Terms & Conditions (“Terms”), together with any policies and other documents they expressly incorporate by reference and our Privacy Policy carefully because they govern your access to and use of our websites located at www.fcf.io and www.fchoops.io (the “Websites”), corresponding mobile application (“App”), and any content, functionality, web applications and services offered therein (furnished by Company or third-party vendors or contractors) whether you are a guest or a registered user. To make these Terms easier to read, the Websites, our services and App are collectively called the “Services.”

Please review the Section titled “User Content” below so that you understand how content ownership works for the Services. Any content that you submit via the Services (with limited exception) belongs to us and you agree that you are assigning ownership of such content to us as further described below. [This means that after you submit content to us you won’t be able to use that content any more for any purpose without our permission.]

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Additional Terms

From time to time, we may release new features and functionality for the Services which may be subject to additional terms. These additional terms will be made available via the Services. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use and access to such new features or functionality.

Changes to these Terms

We may revise, modify and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised, modified or updated Terms means that you accept and agree to such changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Privacy Policy

All information that we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the Services and Account Security

The Services are offered and available to users who are 18 years of age or older and can enter into a binding contract, and are not prohibited from using our Services in accordance with applicable laws. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or use the Services.

Certain Services may contain additional age restrictions; you may access certain age restricted Services if you are at least the minimum age required to use those Services. Any assistance provided by a parent or guardian to users under the age of 18 in accessing our Services (including the use of a computer, mobile phone, tablet, credit card or other sources of payment, Internet connection, etc.) requires the parent or guardian to take full responsibility for any such use of Services.

For certain features of the Services, you may be required to create an account and provide certain registration details or other information (including but not limited to age information). It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, then you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and you shall not provide any other person with access to the Services or any portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your username, password or other personal information. You’re responsible for all activities that occur under your account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Services and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

These Terms permit you to use the Services for your personal, non-commercial use only. Without limiting any other terms or conditions of these Terms, you must not reproduce, distribute, modify, create derivative works of, disassemble, reverse engineer, publicly display, publicly perform, republish, download, store or transmit any part of the Services or materials on the Services, except as follows:

Your device (including, without limitation, computer, mobile phone, tablet, game console, STB, smart TV and other internet connected platforms and devices) may temporarily store copies of such materials in RAM or other system memory incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
If we provide social media features with certain content, then you may take such actions as are enabled by such features.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, then your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials that you have made. No right, title or interest in or to the Services or any content in or on the Services is transferred to you, and all rights not expressly granted hereunder are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Company’s name, the terms “Fan Controlled Football”, “Fan Controlled Hoops”, “FCF”, “FCH” and both current and future Company logos, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You agree to not use such marks without the prior written permission of the Company.

No Support or Maintenance

You understand, acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Services.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
Manipulate or tamper with Services that impacts FCF or FCH gameplay in a manner which undermines the integrity of FCF and FCH gameplay or game outcomes;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole and absolute discretion, may harm the Company or users of the Services or expose them to liability;

Additionally, you agree not to:

Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
Use software or automated agents or scripts to produce multiple accounts on the Services or to generate automated searches, requests or queries to (or to strip, scrape or mine data from) the Services;
Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Company’s name, any Company’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
Modify copies of any materials from the Services;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services;
Use or access the Services in order to build a similar or competitive website, product or service;
License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services whether in whole or in part, or any contact displayed on or through the Services;
Access or use for any commercial purposes any part of the Services or any products, services or materials available on or through the Services;
Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services, including, without limitation, their ability to engage in real time activities through the Services;
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including, without limitation, monitoring or copying any of the material on the Services;
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
Use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
Play on another user’s account to “boost” the account’s status, level or rank;
Use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper working of the Services; or
Encourage or enable anyone else to any of the foregoing.

The Services may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Services. In addition, if you Cheat in one instance while using our Services, we may terminate your license to use all of our Services.

User Content

The Services may allow users to upload, post, submit, publish, display and/or transmit (hereinafter, “post”) content or materials such as text (in posts or communications with others), files, graphics, images, music, software, audio and video on or through the Services. Anything (other than User Comments) that you post or otherwise make available through the Services is referred to as a “User Contribution”. User Contributions include without limitation, any team names, logos, cheers, songs, slogans, taglines, hashtags and any other text- and/or media-based items submitted and related materials. For example, when you make a submission in connection with a voting experience or promotion via the Services the content you submit for consideration is a User Contribution.

As used in these Terms “User Comments” means any comments you submit through the chat functionality or message boards provided within or as part of the Services, and “User Content” means collectively User Contributions and User Comments. All User Content must comply with the Content Standards set out in these Terms. Any User Content that you post to the Services will be considered non-confidential and non-proprietary as provided by you.

By making any User Contributions available via the Services and as consideration for your use of the Services, you hereby irrevocably assign to us, in each case without additional consideration, all right, title and interest throughout the world in and to any User Contributions, including, without limitation, any and all related copyrights, trademarks, service marks and other intellectual property rights therein and thereto. Any assignment of User Contributions under this Agreement includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights;” and you hereby irrevocably waive, to the extent permitted by applicable law, any and all claims that you may now or hereafter have in any jurisdiction to such moral rights. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the User Contributions.

To the extent that any of the User Contributions are not assignable or that you retain any right, title or interest in and to any User Contributions, you: (a) unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kind against us with respect to such rights; (b) agree, at our request and expense, to consent to and join any action to enforce such rights; and (c) hereby grant to us a perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable (through multiple levels of sublicenses), exclusive, worldwide right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on our behalf) all or any portion of the User Contributions, in any form or media (now known or later developed).

By providing any User Comments on or through the Services, you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use, reproduce, modify, perform, display, distribute, prepare derivative works of, incorporate into other works, exploit and disclose to third parties any such User Comments for any purpose, and to grant sublicenses of the foregoing rights.

You represent and warrant that:

You have (and will have) all rights that are necessary to assign the User Contributions to us as contemplated hereunder and otherwise grant the rights set forth above with respect to the User Comments;
All of your User Content does and will comply with these Terms, including the Content Standards set out herein;
Neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Company on or through the Services, will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third-party; and
You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Contributions.

You understand, acknowledge and agree that you are responsible for any User Content that you submit or contribute, and you, not the Company, have full responsibility for such content, including, without limitation, its legality, reliability, accuracy and appropriateness in accordance with the Content Standards set out herein.

Feedback

If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), then you hereby assign to the Company all right, title and interest in and to such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You understand, acknowledge and agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

Rights and Terms for Apps

App License. If you comply with these Terms, Company grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

Additional Information: Apple App Store. This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

Monitoring and Enforcement

Although we are not obligated to monitor access to or use of the Services or to review or edit any content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. Without limiting any other terms of these Terms, we have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.

Without limiting the foregoing or anything herein to the contrary, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.