Terms of Service
Effective as of September 10, 2014.
Thing Daemon, Inc. ("Thing Daemon", "our", "us" or "we") provides the services offered by Fancy (the "Services") through our website, accessible at www.fancy.com (the "Site"), and our applications for mobile devices (the "Applications").
By accessing or using the Site, Applications or Services, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. Thing Daemon reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.
Click on the links below to jump to each section of these terms:
- Key Terms related to Content
- Account Registration
- Application License
- Fancy Content and Member Content License
- Member Content
- General Prohibitions
- Change or Termination
- Limitation of Liability
- Thing Daemon Application from iTunes
- Proprietary Rights Notices
- Controlling Law and Jurisdiction
- Notification Procedures
- Entire Agreement
- How to contact Fancy
1) Key Terms related to Content
- "Content" means text, graphics, images, music, software, audio, video, information or other materials, including the infrastructure used to provide such Content.
- "Fancy Content" means all Content that Thing Daemon makes available through the Site, Applications or Service, including any Content licensed from a third party, but excluding Member Content.
- "Member" means a person that completes our account registration process, as described under "Account Registration" below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- "Site Content" means Member Content and Fancy Content.
The Site, Applications and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.
You will not use Fancy if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
You will not use Fancy if you are a convicted sex offender.
3) Account Registration
In order to access certain features of the Site, Applications and Services and to post any Member Content on the Site, Applications or through the Services, you must register to create an account ("Account"). You may register with Fancy through your account with certain third party social networking services, including Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing Fancy to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their Fancy Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
The Site, Applications, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. To the extent permitted by applicable law, Thing Daemon owns all right, title and interest in and to the Site, Applications, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Site Content.
6) Application License
If you decide to use an Application, subject to your compliance with these Terms, Thing Daemon grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Thing Daemon reserves all rights in the Applications not expressly granted to you by these Terms.
7) Fancy Content and Member Content License
Subject to your compliance with these Terms, Thing Daemon grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Fancy Content solely for your personal and non-commercial purposes. Subject to your compliance with these Terms, Thing Daemon grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Thing Daemon or its licensors, except for the licenses and rights expressly granted in these Terms.
8) Member Content
We may permit Members to post, upload, publish, submit or transmit Member Content. Thing Daemon does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site, Applications or Services, you grant Thing Daemon a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Applications or Services.
You are solely responsible for all Member Content that you make available through the Site, Applications and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases necessary to grant to Thing Daemon the rights in such Member Content, as contemplated under these Terms. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Thing Daemon’s use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Members may post comments and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Thing Daemon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
9) General Prohibitions
You agree not to do any of the following, either directly or indirectly:
- Post, upload, publish, submit, provide access to or transmit any Content that:
- i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
- ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
- iii. is fraudulent, false, misleading or deceptive.
- iv. is defamatory, obscene, vulgar or offensive, pornographic or contains nudity.
- v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
- vi. is violent or threatening or promotes violence or actions that are threatening to any other person.
- vii. promotes illegal or harmful activities or substances.
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, services or other intellectual property obtained from or through this Site, without our express written consent.
- Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the Fancy name, any Fancy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers.
- Attempt to probe, scan, or test the vulnerability of any Thing Daemon system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Thing Daemon or any of our providers or any other third party (including another user) to protect the Site, Applications or Site Content.
- Attempt to access, monitor, search, copy, download or scrape the Site, Applications, or Site Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Thing Daemon within the Site or by means of generally available third party web browsers, without our express written permission.
- Take any action that is harmful to, inconsistent with or disruptive of the Site or Applications, and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorized automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure.
- Access or use the Site, Applications, or Site Content, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any website, program, application, service, device, technology, product, or computer program that competes with, or enables or provides access to, use of, operation of or interoperation with, the Site or Applications.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- Use any meta tags or other hidden text or metadata utilizing a Thing Daemon or Fancy trademark, logo URL or product name without Thing Daemon’s express written consent.
- Use the Site, Applications or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Site Content to send altered, deceptive or false source-identifying information.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Site Content.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications.
- Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity.
- Use the Site if you are a convicted sexual offender.
- Violate any applicable law or regulation or.
- Encourage or enable any other individual to do any of the foregoing.
Thing Daemon reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Thing Daemon, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
11) Change or Termination
We may, without prior notice, change the Site, Applications or Services, stop providing the Site, Applications or Services, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site, Applications or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THING DAEMON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THING DAEMON MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THING DAEMON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT THING DAEMON DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATIONS OR SERVICES, NOR DOES THING DAEMON MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. THING DAEMON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES.
We take no responsibility and assume no liability for any Member Content posted or sent over the Site, Applications or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.
You agree to defend, indemnify, and hold Thing Daemon, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- i. Your access to or use of the Site, Applications, Services or Site Content,
- ii. Your Member Content
- iii. Your violation of these Terms.
14) Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER THING DAEMON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THING DAEMON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THING DAEMON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THING DAEMON AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
15) Thing Daemon Application from iTunes
The following applies to any Applications accessed through or downloaded from the Apple iTunes Store ("iTunes Sourced App"):
You acknowledge and agree that:
- i. These Terms are concluded between you and Thing Daemon only, and not Apple, and
- ii. Thing Daemon, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Thing Daemon.
You and Thing Daemon acknowledge that, as between Thing Daemon and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to:
- i. Product liability claims"
- ii. Any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement or.
- iii. Claims arising under consumer protection or similar legislation.
You and Thing Daemon acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Thing Daemon and Apple, Thing Daemon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Thing Daemon acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.
16) Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Thing Daemon used herein are trademarks or registered trademarks of Thing Daemon. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
17) Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THING DAEMON ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
19) Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
20) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Thing Daemon and you regarding the Site, Applications, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Thing Daemon and you regarding the Site, Applications, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Thing Daemon’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Thing Daemon may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Thing Daemon:
- i. via email (in each case to the address that you provide)
- ii. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Thing Daemon to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Thing Daemon. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
24) How to contact Fancy
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at firstname.lastname@example.org.