Last Updated; 11th day of October, 2020
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and FANCIFY (“we,” “us” or “our”), concerning your access to and use of our web application, made available and accessible via www.fancify.io and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site” and individually the “App”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental Terms of Service or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
Therefor Usage of the site shall be subject to the following terms and conditions;
FANCIFY operates the web app: www.fancify.io it's a web software, payable with a monthly plan, that lets users customize the look and features of the web media player theme of embedded YouTube videos. Our intuitive platform gives you many customization option that are not readily available otherwise.
You may use the Services only if you agree to form a binding contract with FANCIFY and are nota person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years of age. Users under 18 years of age can use the service only under the supervision of a guardian or parent. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify FANCIFY for any losses, costs or damages, including reasonable legal fees, incurred by FANCIFY in relation to, or arising out of, such a breach.
3.1 For Usage of the FANCIFY web App, you are granted a revocable, non-exclusive, non-transferable, limited right to use the web application on wireless electronic devices owned or controlled by you, and to access and use the web application on such devices strictly in accordance with the TERMS OF SERVICE of this web application license contained in these TERMS OF SERVICE.
3.2 You shall not:
3.2.1 Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application;
3.2.2 Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3.2.3 Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
3.2.4 Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
3.2.5 Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
3.2.6 Make the application available over a network or other environment permitting access or use by multiple devices orusers at the same time;
3.2.7 Use the application for creating a product, service, or software that is, directly or indirectly, competitive withor in any way a substitute for the application;
3.2.8 Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
3.2.9 Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Except as expressly set out in this Terms of Service or as permitted by any local law, you agree:
4.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
4.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
4.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
4.1.4a is used only for the purpose of achieving inter-operability of the App with another software program;
4.1.4b is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
4.1.4c is not used to create any software that is substantially similar to the App;
4.1.5 To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.1.6 To include our copyright notice on all entire and partial copies you make of theApp on any medium;
4.1.7 Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
4.1.8 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
5.1 Unless otherwise indicated, the web App is the proprietary property of FANCIFY and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the“Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights as applicable in Canada.
5.3 You acknowledge that the rights in the FANCIFY web App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with this TOS.
We offer a monthly payment plan for the use of our services. For more information on pricing, please visit https://www.fancify.io/pricing.
Payments for our services can be done with the use of STRIPE and any CREDIT CARDS. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method.
7.1 The materials on FANCIFY's website are provided on an 'as is' basis. FANCIFY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
7.2 Further, FANCIFY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall FANCIFY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on FANCIFY's website, even if FANCIFY or a FANCIFY authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on FANCIFY'S website could include technical, typographical, or photographic errors. FANCIFY does not warrant that any of the materials on its website are accurate, complete or current. FANCIFY may make changes to the materials contained on its website at any time without notice. However FANCIFY does not make any commitment to update the materials.
FANCIFY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FANCIFY of the site. Use of any such linked website is at the user's own risk.
FANCIFY may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.