Last updated: July 1, 2024
This Terms of Use (this “TOU”) describes the terms and conditions applicable to your access and use of all FanQuest (“FQ”) Websites and mobile applications (“Apps”) and interactive services operated by Coiin, LLC. d/b/a FanQuest (“FQ”, “we”, “us”, or “our”) where these TOU are posted on our Websites and Apps (collectively the “Sites”) and the services provided in association with the Sites, and purchase of any merchandise, participation in promotions or events, and more generally to your use of any FQ products or services (collectively, the “Service”).
This TOU sets forth the terms and conditions under which FQ provides you access to the Sites and the Service. This TOU contains important information regarding your legal rights including Mandatory Arbitration, No Class Relief, And A Waiver of Your Right to a Jury Trial. Section 28 "Dispute Resolution" contains a binding arbitration agreement and class action waiver that affect your legal rights. If you are a user in the European Economic Area (“EEA“), or any other country that does not allow such arbitration agreement, Section 28 does not apply to you.
If you breach this TOU we may take action against you, including but not limited to terminating your account. You acknowledge that FQ has no obligation to, and will not, reimburse or refund you for Services or awards lost due to involuntary suspension or termination of your account.
Your use of the Sites constitutes your acceptance of and agreement to be bound by these Terms of Use. If you do not agree to abide by these Terms of Use and our Privacy Policy (including our Cookie policy found within our Privacy Policy) https://app.fan.quest/privacy you must stop using the Sites and exit the Sites now.
If you agree to this TOU, then FQ grants you permission to access to and use the Sites and Service in accordance with this TOU and any and all other related terms and conditions which may be presented to you for your use or involvement with any related Service or other promotional FQ related activities.
FQ may make changes to the Sites and/or the Service at any time. FQ may also amend this TOU at any time by posting the amended Terms of Use on the Sites, and/or sending you an email, and you agree that you will be bound by any changes to this TOU. For your convenience, the date of last revision is included at the top of this page.
By using the Sites or the Service, you represent that you have read and consent to our Privacy Policy https://app.fan.quest/privacy, which Privacy Policy is incorporated herein by this reference, in addition to this TOU. FQ may revise the Privacy Policy at any time, and the new versions will be available on the Sites. If at any point you do not agree to any portion of the Privacy Policy, you may contact us, as set forth in the Privacy Policy, and you must immediately stop using the Sites and/or Service.
FQ may provide an FQ account only to members who are 18 years old or older with the opportunity to participate in marketing campaigns, promotional opportunities, sweepstakes and/or contests (collectively “Promotional Activities”). Your participation in any such Promotional Activities is voluntary. By agreeing to become an account member, you agree to receive invitations to participate in Promotional Activities. You may unsubscribe from your FQ membership account at any time. You represent that you are 18 years old or older and have the legal capacity to enter into a contract in the jurisdiction where you reside.
If you want to access and use certain Services, you will have to create an account with us (an "Account"), and you will also need access to a supported computer, mobile phone and an Internet connection. Our Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device. Only one account per person is allowed. You may never use another person's FQ account without written permission of FQ. When creating your account, you must provide accurate and complete information. You must keep your account password confidential and secure because you are solely responsible for the activity that occurs on your FQ account. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. You must notify FQ immediately if you become aware of any breach of security or unauthorized use of your account.
You also must pay any service fees or required taxes and fees that FQ must collect. The amount you pay for associated taxes and fees may be different than the actual payment FQ receives. The amount you are charged is a fee for services and covers the costs of your redemption. The charge for taxes and fees varies based on a number of factors, including but not limited to, 1 how much payment FQ receives, and 2) the network fees for the corresponding Blockchain network for the transaction. FQ may charge a fee for initial KYC/AML checks to be deducted from the Rewards as a fee. Fees also may include a profit for FQ. See Section 14 below for further information on your possible Redemption taxes.
FQ will revise this TOU as the Sites and/or Service evolves. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then-current version of this TOU as posted on the Sites. If at any point you do not agree to any portion of the then-current version of this TOU, you must immediately stop using the Sites and/or Service.
Termination, suspension or cancellation of your account or access to the Services (collectively, “Termination”) will not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in this TOU will automatically terminate and immediately revert to us. Following such Termination, this TOU will remain in full force and effect with respect to your past and future use of the Services, including all rights granted by you to us. FQ reserves the right to deny service to any person at FQ’s sole and absolute discretion. The Sites and/or Service is offered with the understanding that FQ may terminate any account registered to you and/or your access to the Sites and/or Service at any time, for any reason or no reason, including without limitation for any violation of this TOU, or our Privacy Policy. FQ may stop offering and/or supporting the Sites and/or Service at any time.
FQ values your feedback on its Services, Sites and products, but please do NOT submit any unsolicited creative ideas, suggestions or materials to us. Neither FQ nor any of its employees and/or subcontractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved business concepts or technologies, product enhancements, improvements to existing programs, marketing plans or names for new content (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to FQ or its employees and/or subcontractors. This policy is aimed at avoiding potential misunderstandings or disputes when FQ products, Sites or Services might seem the same or similar to Unsolicited Ideas that were submitted.
If you do submit your Unsolicited Ideas to FQ, or to any of its employees and/or subcontractors, then you hereby acknowledge and agree that, from the time of uploading, transmission or dispatch, you grant FQ and its designees a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights, so-called “moral rights” and all other intellectual and proprietary rights related thereto, in any media now known or hereafter created, devised or developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation or attribution to you. You also waive any claim that any use by FQ and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or any other rights, and/or rights to credit for the material or ideas set forth therein. You agree that FQ may give you attribution for your Unsolicited Ideas, but we are not required to do so.
FQ authorizes you to view and use the Sites solely for your personal, non-commercial use. We grant you a limited, non-sublicensable, non-transferable license to access and use the Services for your personal use, and only in accordance with these TOU. This authorization is not a transfer of title in the Sites, any information or any copies of any information, or to any text, graphics, logos, images, data compilations, software or other materials on or related to the Sites (“Materials”), and is subject to the following restrictions:
You agree that you will not, in connection with your use of the Sites or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Sites and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or any other right of any party (including rights of privacy or publicity).
You may not connect to or use the Sites and/or Service in any way not expressly permitted by this TOU. Without limiting the foregoing, you agree that you will not:
Furthermore, you may not use the Sites or Service to develop, generate, transmit or store information that:
You agree that you will not use the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Sites or Service.
You agree that you will not:
The Sites and Service contain services and features that may be available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such states. However, if a state does not require this, it may still require that their residents file a sales or use tax return for Rewards Redeemed on the Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax.
As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Sites, and in collecting and remitting taxes required on your redeemed Reward points, you hereby waive your right to claim that the tax collected on any such redeemed points is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your redeemed Reward points.
We may from time to time provide certain promotional opportunities, sweepstakes, raffles, surveys, scavenger quests, games and/or contests to Site users and members, and such promotions, sweepstakes, raffles, surveys, scavenger quests, games and/or contests (each a “Service” and/or a “Promotion”) and, in addition to this TOU, each Service will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms“). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supersede this TOU. FQ urges you to read the Promotional Terms. Our Privacy Policy, in addition to this TOU and any Promotional Terms, governs any information you submit in connection with such Promotions.
All such Promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Our liability, and the liability of any of our partners pursuant to such Promotions shall be limited pursuant to the limitations of liability set forth in this TOU.
FQ prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:
Apps may not work on devices that FQ detects or reasonably suspects to be cheating, and FQ will not provide support to players who attempt to cheat. You agree that FQ may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under this TOU, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see our Privacy Policy for more information.
FQ may offer you early access to certain pre-release mobile application software ("Beta Software") in order to allow you to test and provide feedback on Beta Software as part of FQ’s beta testing program (“Beta Program“). This Section only applies to closed Beta Programs, where FQ offers private access to selected testers. This Section does not apply to open betas that FQ makes publicly available on an app store or all FQ members.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that FQ may provide to you in connection with the Beta Program ("Test Materials"), the Beta Software, as well as everything related to the Beta Program is the exclusive property of FQ, is confidential, and should be treated as confidential until such time as FQ publicly releases it.
If FQ offers you access to the Beta Software, then, subject to your compliance with this TOU, FQ grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify FQ promptly of any unauthorized access or of any suspected breach of your account’s security.
FQ may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools, in accordance with FQ’s Privacy Policy. All such comments, suggestions, FQ feedback, and analytic data (collectively, the "Beta Feedback") is the exclusive property of FQ.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and FQ, and you will not be compensated for your participation or any Beta Feedback.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, FQ is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to FQ, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, FQ will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
The Sites may contain links to Sites, Apps and content platforms operated by other parties (for example: Google, Instagram, Amazon, Apple, Facebook, Twitter, etc.). FQ provides these links to other sites, Apps and content platforms as a convenience, and use of these sites and content platforms is at your own risk. The linked sites, Apps and content platforms are not under the control of FQ, and FQ is not responsible for the content available on the other sites, Apps and content platforms. Such links do not imply FQ’s endorsement of information or material on any other Sites, App or content platform and FQ disclaims all liability with regard to your access to and use of such linked sites, Apps and content platforms. Products and/or services offered on or in association with the third-party linked sites and Apps are provided through independent third-party vendors, and you agree to look solely to such third-party vendors, and not FQ, for any issues related to such products and/or services.
Subject to applicable law and the exceptions set forth in this TOU, no refunds or exchanges of Event tickets (including any add-on purchases) are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from FQ. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and FQ does not guarantee your ability to purchase a ticket or attend an Event.
You shall at all times comply with all applicable laws and any rules and policies provided by FQ or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and FQ representatives at the Event. As a condition of participation, you agree to comply with all policies on the Sites, including, without limitation, any applicable Event website.
Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release FQ and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.
FQ and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that:
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to:
You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies.
You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.
To the extent permitted under applicable law, you hereby waive and release FQ and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.
Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards, and/or Content (collectively "Event Features") advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.
Event date, time, and/or location are subject to change at any time, and FQ will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from FQ or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
You consent to and approve of FQ’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty-free use of this information subject to this TOU. FQ may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
Inquiries not compliant with the procedure outlined above may not receive a response. FQ may, in appropriate circumstances, terminate an account holder or subscriber to a Site or Service if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact FQ's DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
To be effective, a Counter Notification must be a written communication provided to FQ's designated Copyright Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined above:
The Sites and the Service are owned and operated by FQ in the United States and governed by the state and federal laws of the United States. The Sites are therefore intended for access only from, and use by, residents of the United States. If you are a resident of, or access the Sites from, a jurisdiction outside the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to these Sites, and you therefore do so at your own risk and are responsible for compliance with all applicable laws of such jurisdiction.
We make no representation that the Sites or Sites’ content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export any of the Sites' content in violation of United States export laws and regulations. Those who choose to access the Sites and/or the Service from locations outside the United States do so on their own initiative and are solely responsible for compliance with applicable local laws.
The Sites may provide users with the ability to post feedback, Fan-Art, messages, or testimonials on the Sites. FQ is under no obligation to review any messages, information, or content (“Postings”) posted on the Sites by users and assumes no responsibility or liability relating to any Postings.
Notwithstanding the above, FQ may from time to time monitor the Postings on the Sites and may remove any Postings at its sole discretion. You grant other users of the Sites permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post, or otherwise provide to the Sites, and it is your responsibility to protect any rights that you may have in your Postings.
Please also be aware that any personally identifiable information that you choose to include in your Postings for publication on the Sites will not be protected, except as may be set forth in our Privacy Policy. If FQ has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Postings in compliance with Section 5 of the U.S. Federal Trade Commission Act.
FQ does not claim ownership of any materials of the “Postings” you make available through the Sites. At FQ’s sole discretion, such materials in the Postings may be included in the Service in whole or in part or in a modified form. With respect to such materials in the Postings you submit or make available for inclusion on the Sites, you grant FQ a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up, and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials in the Postings or any part of such materials and Postings.
You hereby represent and warrant that any materials or Postings you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified above in this section entitled “Submitted Content.” You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your materials and Postings.
You voluntarily waive all so-called “moral rights” or similar rights you may have in your materials and Postings. Although we may offer you the ability to upload Postings, we may also store your account information. We make no guarantees to remove Postings from the Services or other Sites, and we may retain the Postings in our backup files, including after termination of your account.
We may, but are under no obligation to, examine, record, copy, and disclose your use of the Services, including as necessary to satisfy any law, regulation, or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any Postings, warning users, suspending users and passwords, terminating accounts, blocking access to the Services, or taking other corrective action we deem appropriate.
You are solely responsible for your use of the Services, the Postings, and any interaction with other users of the Services, and we reserve the right, but will have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Services.
The Sites and the Service are not directed toward children under 13 years of age nor does FQ knowingly collect information from children under 13 or allow them to create an account or access account features. The Children’s Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13.
To ensure compliance with this law, FQ does not knowingly collect or maintain information provided by children under the age of 13 unless expressly authorized by a parent or legal guardian. FQ does not sell products, services, or other activities by or for purchase by children, and we ask that minors (under the age of 13) do not submit any personal information to us. If we learn that we have inadvertently collected personal information from a child, we will make all reasonable efforts to delete that data from our records.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of FQ and its affiliates shall be limited to the fullest extent permitted by law.
If you have a dispute with us (a “Dispute”), many Disputes can be resolved by an informal dialogue with our customer service staff. Before initiating arbitration, you must send a written notice describing the Dispute to the customer support contact associated with the FQ Service to which your Dispute relates.
Promptly following receipt of such notice, you and we will try to resolve the Dispute by individual telephone, videoconference, or in person if both agree. If the Dispute is not resolved within 14 days, either party may initiate arbitration or file a small claims court action.
For disputes subject to arbitration, you and FQ agree to binding arbitration conducted by the American Arbitration Association (AAA). Arbitration uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. The arbitrator may award the same damages and relief as a court. Both you and FQ waive the right to a trial by jury or to participate in a class action.