Terms of Service
Effective Date: 12th June 2016
Last Updated: 12th June 2016
These Terms of Service constitute a legally binding agreement between you and Fnatic Gear, Inc. (“Fnatic”) governing your access and use of US-Shop.Fnatic.com (the “Site”) and the software, services and products made available through the Site (collectively the “Services”).
Internet technology, and the applicable laws, rules and regulations change frequently. Fnatic reserves the right to make changes to these Terms of Service at any time.
“Fnatic” means Fnatic Gear, Inc.
“Site” means the website hosted at US-Shop.Fnatic.com, which is owned and operated by Fnatic Gear, Inc.
“Services” refers to the software, services and products available on the Site in affiliation with The Fnatic Team, a professional video gaming team, consisting of players from across the globe who all make a living through competing in video game tournaments. The Services include, but are not limited to, online product sales (eCommerce).
“You” means the user or viewer of our Site.
2. General Rules About Creating Accounts
Although users do not need to create an account to purchase products on the Site, users may want the convenience of an account for faster checkout or to view and track their orders. Users who do not create an account may elect to save their email and shipping address on the Site for faster checkout.
Account Creation: To establish an account through the online registration process, you must provide your name, a valid email address, and password and accept these Terms of Service. Fnatic will (1) first verify your account by sending a “Customer Account Activation” email to verify your email address, and, (2) once verified, send a confirmation email to confirm that your account is active.
Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Fnatic shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
3. Product & Order Information
Product Availability: Quantities of products may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from the Site as soon as commercially reasonable and notify you of the unavailability of the item(s) and potential alternative products available for your consideration.
Pricing: Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. Prices are subject to change without notice. We may occasionally make errors in the stated prices on this website. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation and refund.
Promotions and Discounts: Fnatic may offer promotions and discounts for a limited time on the site and reserves the right to modify or terminate such promotions and discounts at any time. All discounts and promotions are subject to the advertised terms and conditions and subject to availability of applicable products.
Shipping & Sales Tax: All applicable shipping and sales tax charges are calculated at checkout.
Payment Authorization: When you place an order, you authorize the purchase and delivery of those products to you at the shipping address provided by you during the checkout process or otherwise stored in your account. You agree to provide Fnatic with all relevant payment information prior to placing an order and you expressly authorize us to process all charges on the credit or debit card provided.
Refunds: Refunds shall be made in accordance with our Return Policy.
Risk of Loss: All items purchased from Fnatic are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
We reserve the right to cancel any orders that we determine, in our sole and absolute discretion, have been placed for prohibited or fraudulent purposes.
4. License to Use the Services
In accessing and using Fnatic’s Services, Fnatic hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Site and Services during the term of this Agreement.
5. Termination of Account by Fnatic
Fnatic may temporarily suspend or terminate your account and the Services at any time, for any reason, in its sole and absolute discretion, including if Fnatic:
Suspects a breach of these Terms of Service;
Is unable to verify or authenticate account information;
Believes that you are acting inconsistently with the letter or spirit of Fnatic's policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to Fnatic;
Is unable to process any payments for purchases made on the Site; or
Believes you are infringing the rights of third parties.
Effect of Termination: If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination.
Survival: The following Sections survive termination of these Terms of Service: Idea Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
6. Prohibited Conduct
In your use of the Site, you may not:
Purchase any products offered on the site for the purpose of resale;
Post false, inaccurate, misleading, defamatory or harassing content;
Violate any law, statute, ordinance or regulation;
Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
Post obscene or sexually explicit content;
Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
Modify, adapt or hack the Site or modify another Site so as to falsely imply that it is associated with Fnatic;
Distribute or post spam, unsolicited or bulk electronic communications to Site users;
Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site’s infrastructure;
Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
Bypass the Site’s robot exclusion headers or other measures Fnatic may use to prevent or restrict access to Fnatic.
8. Content License
You shall retain all right, title and license in the legally protectable elements of the Content submitted by You.
You grant to Fnatic a perpetual, worldwide, irrevocable, non-exclusive, royalty-free right and license to use your name and to host, store, maintain, publish, use, reproduce, display, perform, create derivative works from, distribute, modify, transmit, translate, license and sublicense all Content in any form, in all formats and media now known or hereinafter created, anywhere in the world and universe, for any purpose whatsoever, commercial or otherwise. You hereby irrevocably waive any claims based on moral rights, if any.
Submission of Content is not a guarantee that such Content will be posted on the Site. Fnatic reserves the right, in its sole and absolute discretion, to accept or reject for publication any and all Content submitted to the Site.
9. Idea Submissions
Fnatic welcomes all suggestions to improve our Site and Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Fnatic in accordance with the following:
Non-Proprietary: Fnatic considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. Fnatic shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant Fnatic, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
10. Notice of Claimed Infringement
If you have a good faith belief that your copyright has been infringed, you can download, print and submit a Notice of Claimed Infringement to Fnatic’s Designated Agent, with the following information:
By mail to Fnatic’s DMCA Registered Agent: Fnatic Gear Inc., 180 Sansome St., Floor 14, San Francisco, CA 94104
By email: firstname.lastname@example.org
11. Customer Support
Fnatic is available by email at email@example.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
12. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Fnatic arising out of or relating to the Site, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Fnatic Gear Inc., 180 Sansome St., Floor 14, San Francisco, CA 94104, firstname.lastname@example.org
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco County, California.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
13. Fnatic's Intellectual Property
Copyright: The Site and its logos, design, data, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by Fnatic. You may not use such materials without permission. © 2016 Fnatic Gear, Inc. ALL RIGHTS RESERVED
Trademarks: Fnatic and its logos are trademarks owned by Fnatic. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of Fnatic.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Site gives you a right or license to use any of Fnatic’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
14. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, FNATIC, THE SITE, PRODUCTS, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FNATIC DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, FNATIC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE, PRODUCTS, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
FNATIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. FNATIC DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FNATIC MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FNATIC, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCTS, SERVICES INFORMATION, CONTENT, OR MATERIALS EXCEED $50.00.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FNATIC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, PRODUCTS, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF FNATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute arising from, related to, or connected with your use of the Site, Services, products, information, content, or materials, you hereby release Fnatic Gear, Inc. and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Fnatic Gear, Inc. and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the Products, Site or Services.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Fnatic or posted on this Site by Fnatic.
19. No Agency
The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of Fnatic. Fnatic may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.
21. Successors and Assigns
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
22. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
23. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
25. Force Majeure
Fnatic will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Fnatic Gear, Inc., Fnatic Gear Inc., 180 Sansome St., Floor 14, San Francisco, CA 94104 and/or by email at email@example.com. All notices by Fnatic will be sent to you by email or will be conspicuously posted on the Site.
27. Complaints - California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
28. Entire Agreement
These Terms of Service comprise the entire agreement between you and Fnatic and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.