Terms & Privacy Policy

This Terms of Service agreement (“Terms”) sets forth the terms under which Fantext Communications, LLC (“we,” “our,” or “us”) provides our messaging services, including our apps, features, software, and website (“Fantext”) to User or Information Content Providers (collectively referred to as “You”) By registering, accessing and/or creating a Fantext account, You agree to the “TERMS OF SERVICE” as provided herein, and any subsequent modifications.

IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE THAT DISPUTES BETWEEN US AND YOU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AS FURTHER OUTLINED IN SECTION 13.

1. Our Services

We issue unique phone numbers (“Fantext Numbers”) to individuals and entities or their designees (collectively, “Fantext Users”).

Fantext Users can use Fantext to message with the individuals who have signed up to receive messages from their Fantext Number (“Fantext Members”).

Please also read Privacy Policy, which describes how we collect, use, and disclose information when you use Fantext.

2. Eligibility to Use Fantext

If you are under the age of 13, you are not permitted to use Fantext. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may use Fantext as a Fan, but only if you have the consent of your parent or legal guardian, including consent to these Terms on your behalf. If you are under the age of 18, you may not be a Fantext User.

If you are registering for Fantext on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.

3. Our Messaging Policies

You must not use Fantext to transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates our Acceptable Use Policy.

Though we have no obligation to do so, we may access, review, block, or delete your messages at any time and for any reason, including (i) to provide and develop Fantext, (ii) if we think your messages violate these Terms, and (iii) to comply with applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body.

4. Terms for Fans

To become a Fan, you must: (i) start a conversation with a Fantext User (for example, by sending a text message to their Fantext Number); (ii) provide certain information, such as your name, date of birth, gender identity, city, and phone number; and (iii) give prior express signed written consent to receive recurring messages (which may be marketing and/or automated) from or on behalf of the applicable Fantext User via Fantext. Your consent to receive such messages is not a condition of any purchase.

You agree that:

we may send you account-related messages at the phone number you have provided Us;
each Fantext User alone (and not Fantext Communications, LLC) is responsible for determining whether and what messages are sent to you via their Fantext Number and when those messages are sent (see section 11 for additional details);
you are responsible for any messaging and data charges that you may incur when messaging with Fantext Users or with us;
Fantext Users may block you from messaging with them via Fantext at any time, for any reason, without advance notice;
messages sent via Fantext may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices, and we are not responsible or liable for their content, products, or services (“Third Party Materials”);
you will use Fantext services according to Fantext’s Terms and policies;
you will access and use Fantext services only for legal, authorized, and acceptable purposes;
you will use only your Fantext Number when messaging a Fantext User (and if we discover that you did not use your own phone number, we may suspend or terminate your account access at any time); and
if you change or deactivate the phone number that you used when signing up to receive messages from a Fantext User, you will email us at contact@fantextapp.com within 72 hours.

We have no control over and do not guarantee: (a) the suitability or legality of messages sent by Fantext Users; (b) the truth or accuracy of messages sent by Fantext Users; (c) the performance or conduct of Fantext Users; or (d) who a Fantext User permits to access and use Fantext on their behalf. If you think a Fantext User is sending messages in violation of our Acceptable Use Policy, please email us at contact@fantextapp.com.

If you want to stop receiving messages from a particular Fantext User, send a message that says STOP (case insensitive) to their Fantext Number. For more information about our privacy practices (including information on how to stop receiving messages from all Fantext Users), see our Privacy Policy. You may also request assistance at any time by sending a message that says HELP (case insensitive) to any Fantext Number or emailing us at contact@fantextapp.com.

For content that is covered by intellectual property rights, like photos and videos and messages, you grant Fantext and the recipient Fantext User (including individuals and entities working or affiliated with such Fantext User) a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use your messages in any way and for any purpose, and you grant us all of the same rights to use your messages for the purpose of operating, providing and improving Fantext (such as to allow us to deliver your messages to the Fantext User, and to store your messages on our servers).

You acknowledge and agree that (i) a Fantext User may share your messages publicly (including for marketing purposes); (ii) you have no expectation of privacy with respect to messages you send to a Fantext User; and (iii) we may collect, analyze and use your messages together with your information, including demographic and location information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test Fantext and any of our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.

5. Terms for Fantext Users

If you are signing up as a Fantext User, read Additional Terms for Fantext Users, which You are also agreeing to upon registering, accessing and/or creating a Fantext account.

If you are signing up to use Fantext on a Fantext User’s behalf, you acknowledge that you may only use Fantext with their permission and in ways that would be permitted by that Fantext User (for example, messages you send on their behalf must not violate our Acceptable Use Policy), and that you have such permission when signing up to use Fantext on a Fantext User’s behalf.

6. Restrictions

We and our licensors retain all right, title and interest, including all intellectual property rights, in and to Fantext and all Fantext Numbers. Any and all use of our trademarks by You will inure to our benefit and You will not obtain or retain any rights in our trademarks.

You must not (and must not assist or allow others to): (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our apps or websites; (ii) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (iii) gain or attempt to gain unauthorized access to our servers or systems; (iv) interfere with or disrupt the integrity or performance of our servers or systems; (v) create accounts or send messages through unauthorized or automated means; (vi) use Fantext services in ways that violate, misappropriate, or infringe the rights of Fantext, Fantext Users, or others to include intimidation, harassing, instigating, or encouraging conduct that would be illegal, or otherwise inappropriate; (vii) be involved in any Fantext User’s illegal or impermissible communications; or (vi) collect the information of or about our users in any impermissible or unauthorized manner.

We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to Fantext (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.

7. Terms & Termination

You may terminate these Terms at any time and for any reason by emailing us at us at contact@fantextapp.com and asking us to delete your Fantext account, and we may suspend or disable your Fantext account and/or terminate these Terms at any time, for any reason, without advance notice. If we suspend or disable your Fantext account for a violation of these Terms, you must not create another Fantext account without our permission.

Regardless of who terminates these Terms, both you and we continue to be bound by sections 3, 4, 6, and 9-16 of these Terms and, if you are a Fantext User, by sections 6, 7, and 8 of our Additional Terms for Fantext Users.

8. Copyright Infringement

If you believe that anything on Fantext infringes a copyright that you own or control, please send us a written notice to the address or email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).

Fantext Communications, LLC
P.O. Box 758
Anaconda, MT 59711-0758

contact@fantextapp.com

Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.

If we have taken down any material or content that you believe should not have been removed, you can send us a written counter-notice by email to contact@fantextapp.com. Please be sure your counter-notice meets the DMCA requirements.

We may promptly terminate without notice the accounts of users who have been notified of infringing activity, including those who have had messages removed from Fantext at least three times (“Repeat Infringers”). Repeat Infringers will not be tolerated.

9. DISCLAIMERS

The laws of certain jurisdictions, including Quebec, may not allow limitations on implied warranties or conditions. If these laws apply to you, some or all of the below disclaimers might not apply to you.

To the maximum extent permitted by law:

Fantext is provided “as is” and “as available” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
we do not represent or warrant that (i) Fantext will always be secure, error-free, or timely; (ii) Fantext will always function without delays, disruptions, or imperfections; or (iii) any messages you send or receive via Fantext will be timely or accurate; and
we take no responsibility and assume no liability for any messages that you, another user, or a third party send or receive via Fantext. You agree that you may be exposed to messages that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.

10. LIMITATION OF LIABILITY

The laws of certain jurisdictions, including Quebec, may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below limitations might not apply to you.

To the maximum extent permitted by law, we and our shareholders, employees, affiliates, associated companies, licensors, agents, and suppliers (collectively, the “Affiliated Entities”) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Fantext; (ii) the conduct or content of other users or third parties via Fantext; or (iii) unauthorized access, use, or alteration of your messages, even if we have been advised of the possibility of such damages.

Your sole and exclusive remedy for dissatisfaction with Fantext or any Third-Party Materials is to stop using Fantext. In no event will the liability of us and our Affiliated Entities, in the aggregate, for all claims relating to these Terms or Fantext, exceed the greater of $100 USD or the amount you paid us, if any, to use Fantext in the last 12 months.

11. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold us and our Affiliated Entities harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your messages; (ii) your use of Fantext; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you’ve made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.

12. Dispute Resolution

(Not applicable to Quebec consumers) If you are a Fantext user located in the United States or Canada, then section 13 below applies to you. Please also read that section carefully and completely. If you are not subject to section 13 below, then all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Disputes”), will be resolved exclusively in the United States District Court for the District of Montana, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

(Not applicable to Quebec consumers) The laws of the United States (including federal arbitration law) and the State of Montana govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.

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For Quebec consumers: These Terms, as well as any Disputes which might arise between us will be governed by the laws of the Province of Quebec, without regard to conflict of law provisions, and the laws of Canada applicable therein, and any Disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

13. Arbitration

(Not applicable to Quebec consumers) If you are a Fantext user located in the United States or Canada, then this section 13 applies to you.

Except for disputes that qualify for small claims court, You and Us agree that all disputes arising out of or related to these Terms or any aspect of the relationship between You and Us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You acknowledge and agree that You and Us are waiving the right to trial by a jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Further, unless You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceedings. This section shall survive any termination of this Agreement.)

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location.

The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

You may opt out of this agreement to arbitrate by emailing us at contact@fantextapp.com with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

14. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.

15. Changes to these Terms

We may modify these Terms from time to time. When we update these Terms, we will post the new Terms on fantextapp.com. Your continued use of Fantext (including, without limitation, signing up to receive messages from an additional Fantext User after an update) confirms your acceptance of the updates. If you do not agree to any update, you must stop using Fantext. We may also modify or discontinue all or part of Fantext at any time; or charge, modify, or waive any fees required to use Fantext.

16. Other Terms

You use Fantext at your own risk, and you must comply with all applicable laws, rules, and regulations while doing so. We may limit Fantext’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction.
Unless a mutually executed agreement between us states otherwise, these Terms make up the entire agreement between us regarding Fantext and supersede any prior agreements regarding the subject matter of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.
All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
Except as expressly set forth herein, there are no third-party beneficiaries to these Terms.
If we fail to enforce any of these Terms, it will not be considered a waiver.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Terms of Use

Fantext Privacy Policy

Fantext (“we,” “our,” or “us”) respects the privacy of all our Users and Fans (collectively “You”) alike. This Privacy Policy discloses how we collect, use, and otherwise process personal data that you provide to us to provide you with our services. This may include information provided via mobile applications, features, software, and websites (“Service” or “Services”). The Privacy Policy applies only to information submitted and collected online through Fantext. It does not extend to websites that may be maintained by other companies or organization to which we link, or to websites that contain links to the Fantext and/or the Service. By use of Fantext, You agree to the Privacy Policy’s terms as provided herein.

FANTEXT DOES NOT SELL YOUR PERSONAL INFORMATION. See below for the full details about how we collect information and what we do with it, but for a plain English summary, we collect information that is part of providing our messaging services, as well as any other means through which you might interact with us. This information is used in combination with providing our overall Services as described in detail below. How we collect, use, and otherwise process data is in compliance with all local and federal US law.

Services

We provide messaging services to individuals or entities (“Fantext Users”) by issuing unique phone numbers (“Fantext Numbers”) through our messaging platform.

Fantext Users may use Fantext to message individuals who have signed up to receive their messages (“Fans”).

Please see our Terms of Service (“Terms”), which describe the terms that govern the use of Fantext.

This policy applies to information we collect when you visit, use, or communicate with or through our Services. Capitalized terms used in this Privacy Policy, but not defined herein, shall have the meaning set forth in our Terms of Service. This policy does not apply to information collected by: (1) us offline or through any other means, including on any other website or Service operated by Fantext or any third party (including our affiliates and subsidiaries); or (2) any third party (including our affiliates and subsidiaries), including through any application or content (such as advertising) that may link to or be accessible from or through the Service.

Children Under the Age of 13

The Service is not intended for any persons under the age of 13, and persons under the age of 13 are not permitted to use the Service. We do not knowingly collect personal information from persons under the age of 13. If you are under 13, do not use or provide any information on this Service or attempt to register or use any features of the Service. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our privacy policy by instructing their children never to provide personal information on the Service. If you have reason to believe that a child has provided personal information through the Service, please contact us by email at Contact@fantextapp.com. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Collection of General Information

We may collect information provided to us by your direct input either via our website or through messaging with a Fantext Number. This information includes any sites linked to Fantext, browser data, times and dates of interaction, as well as any data you provide via Fantext SMS interaction or through the platform as a Fantext User.

How We Collect Information from Fans (those who sign up to receive messages from a Fantext number)

To sign up with Fantext, we require certain information, such as your name, date of birth, gender identity, city, and phone number. You may have the option to provide other information as well, such as your email address. We refer to all of this as “contact info.”

If you start a conversation with a Fantext User by sending a text message to their Fantext Number, we collect your phone number along with the contents of the text message, so we won’t need to ask you for it. If you later start a conversation with another Fantext User by sending a text message to their Fantext Number, we won’t need to ask you again for your contact info. If you start a conversation with a Fantext User from a supported website or Internet-based messaging service, the required contact info and signup process may vary.

How We Collect Information from Fantext Users (those who own a Fantext number)

Information we collect from you depends on how you utilize the Service and what information you choose to provide to us. We collect information from you when you register for an Account (including but not limited to your first and last name, date of birth, email address, and payment information); interact with the features available on the Service; email us or send a message through the Service; report a problem with our Service; and how you use the Service. We also collect information through automatic data collection technologies, which is described in more detail below.

Types of Information We Collect

Fantext, along with any third-party companies or individuals with whom we work, may collect information directly and voluntarily from you when you use the Service. The information we collect, use, and share may include "Personal Information" and "Non-personal Information."

Personal Information is generally information that can be used to identify you, either by itself or in conjunction with other information, which may be Non-Personal Information. It does not include data that has been anonymized to remove the identity (anonymous data), and it does not include data about a company.

Non-Personal Information includes information that is about you, and your equipment or usage details, but cannot be used to identify you personally.

The categories of Personal and Non-Personal Information we may collect, use, and store are as follows:

Contact Information includes first name, last name, email address, and telephone number.
Account Data includes your username and password for your Account; details about phone number, address, full name, all text message data sent and received; and details related to your interests, preferences, feedback, and survey responses. Your Account data may also include information or content that you specifically provide or upload to your Account for use in connection with the Service, which may include photographs, data, text, graphics, comments, notes, or other information. All information you provide in connection with your Account is optional and voluntary.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology or devices you use to access this website.
Usage Data includes information about how you use the Service.
Marketing and Communications Data may include your preferences for receiving marketing information from us, newsletters, and any other communication preferences.

Fantext does not require you to provide any Special Categories of Personal Data in order to use the Service (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). However, we do allow you to create fan lists (“Lists”) and communicate with others (such as your Fans) based on any such grouping you create, and you or any such party with whom you communicate may choose to provide, communicate, upload or input data that includes Special Category Data. If you upload or input Special Category Data to your Account, or if you create or communicate a List, you are giving us your explicit consent to process your data, including Special Category Data, in order to facilitate your creation of or participation in the Interest Group or as otherwise requested by you in connection with your Account. Creation of or participation in Interest Group(s) is optional, and we will only process data that you specifically provide and only as necessary for the functionality of the Interest Group feature.

Aggregated Data is combined information, which may include information derived from your Personal Information, but is not considered Personal Information, because it is anonymized and does not directly or indirectly identify you. For example, we may aggregate your Usage Data with the Usage Data of other users in de-identified form to calculate usage trends with respect to a feature of the Service. If we use Aggregated Data in combination with your Personal Information, it will be treated as Personal Information.

The preceding descriptions of Personal Information and Non-Personal Information we may collect are illustrative, not exhaustive.

Failure to Provide Personal Information

If you fail to provide personal information when it is required by law or necessary for us to perform our obligations (e.g., to facilitate your ability to use features of the Service as intended), we are excused from any obligations to You as we may not be able to perform them. For example, if you fail to provide us with your billing information to pay for a service or feature we may offer, we may not be able to provide you with the service you requested.

Automatic Data Collection and How We Use It

In an effort to improve the quality of the Service, Fantext and our service providers may track information provided to us by your device or browser, or by our analytics tools when you use the Service. As you access, use, and interact with the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to the Service, including traffic data, location data, logs the device from which you connected to the Service, website you came from (known as the "referring URL"), and other communication data and the resources that you access and use on the Service; and
Information about your device, computer, and internet connection, including your IP address, operating system, and browser type.

Log information is important for security, audit, quality improvement, as well as for monitoring the safety of our Service. When you download and use the Service, Fantext and our service providers, may track and collect Service usage data, such as the date and time the Service accesses our servers, and what information and files have been downloaded to the Service based on your device ID.

Types of Automatic Data Collection Technologies We Use

The technologies we use for the automatic data collection described above may include:

Cookies (or browser cookies). A cookie is a small file placed on your device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service.

Flash Cookies. Certain features of the Service may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Components of the Service and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Some mobile and web browsers transmit “do-not-track” signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

Third Party Use of Cookies and Other Tracking Technologies

To facilitate the Service, we may allow you to link accounts you maintain on various External Platforms with your account on Fantext. While we will only obtain and use data obtained from such third parties in accordance with the terms of this Privacy Policy and as necessary to facilitate the Service, we cannot control or verify how any third parties may collect, use, or track information. Fantext shall not be responsible or liable for the policies or practices of any third-party service provider. We strongly encourage you to review the terms and privacy policies of any third-party application or service with which you integrate or otherwise use in connection with the Service.

We also partner with various technology providers to facilitate the Service, conduct sales and marketing activities, analyze usage trends, and continuously improve the Service for all users. These third-party services and applications may have access to data (which may include Personal Information) from your account or generated in connection with your use of the Service, and we may also receive information from such third party services. The types of providers we work with include services to facilitate our calling and messaging functions, email services, analytics services, and advertising services. We encourage you to review the privacy policies of the technology providers and tools listed below. This list is illustrative of some of our technology providers but is not exhaustive and is subject to change from time to time. Please refer back to this policy for any future changes.

Other info

We may also receive information about you from other sources, including from users of Fantext, and third-party services and organizations.
We may aggregate or de-identify the information described above. Aggregated or de-identified data (meaning data that cannot reasonably be tied to you or used to identify you) is not subject to this Privacy Policy.
Our use of information
We use the information described above for the following business purposes:
to develop, operate, improve, deliver, promote, maintain, and protect Fantext (including troubleshooting, data analytics, testing, research, statistical and survey purposes);
to send you communications (for example, we may use email to respond to support inquiries or to share information about Fantext);
to manage our relationship with you (including providing you with the information, products and services that you request from us); and
to keep Fantext and our users safe and secure, to enforce our Terms of Service and other usage policies, to comply with legal requirements, and to protect or exercise our legal rights or defend against legal claims.

Our disclosure of information

We do not sell your personal information. We may share the information described above in the following ways:

With Fantext Users. If you are a Fan, we may share your information with the Fantext Users you are messaging with via Fantext. The information practices of Fantext Users are not covered by this Privacy Policy. Before signing up to message with a Fantext User via Fantext, we would encourage you to review the full Fantext Terms of Service and this Privacy Policy in full.
With Fans and the general public. If you are a Fantext User, we may share your account information (such as your Fantext Number, profile name, profile picture) along with general messaging statistics.
With authorized third-party vendors and service providers. We may share your information with third-party vendors and service providers that provide services to us for a variety of business purposes, such as billing, payment processing, customer service, email deployment, message delivery, marketing our services, security and performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, verifying customer information, research, data hosting, auditing, and data processing.
With corporate affiliates. We may share your information with our corporate affiliates.
In business transfers. We may share information about you as part of a merger or acquisition. If we are involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
For legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, safety, and security of FantextApp.com, Fantext Communications, LLC, and our affiliates, users, and the public.
With your consent. If you consent, we may also share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.

If you access third-party services via Fantext, these third-party services may be able to collect information about you, including information about your activity on Fantext, in accordance with their own privacy policies.

Your rights & choices

If you are a Fan:

If you want to stop receiving messages from any particular Fantext User, send the message “STOP” (case insensitive) to their Fantext Number. If you want to stop receiving messages from all Fantext Users, email contact@fantextapp.com.

If you want us to delete your information, email contact@fantextapp.com. Keep in mind that Fantext Users may still retain copies of your information, like your contact info and messages you have sent them, even after you have deleted the information from Fantext.

If you want a Fantext User to delete your information, you will need to contact them directly. Note: If you unsubscribe from a Fantext User’s messages, they won’t be able to send you additional messages via Fantext, but we and they may still have your information.

You may be entitled, in accordance with applicable law, to object to or request restriction of processing of your information, and to request access to, rectification, erasure, and portability of your information or more information about our information practices. Requests should be submitted in writing by emailing us at contact@fantextapp.com. We will try to comply with your requests as soon as reasonably practicable or as required by applicable law.

There may be legal requirements to retain your information, for instance if we receive valid legal process asking us to preserve data or if we are investigating potential violations of our Terms.

You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of Fantext may no longer be available to you.

California privacy disclosures

The California Consumer Privacy Act (“CCPA”) affords consumers residing in California certain rights with respect to their personal information.

Your CCPA rights

If you are a California resident, this section applies to you, and here is a quick summary of your rights under the CCPA:
You have the right to know whether we sell your personal information (we do not), and to opt-out of a sale if we do (again, Fantext does not do this).
You have the right to receive an overview of the personal information we collect, how we use it, and who we share it with.
You can request access to your personal information, get a copy, and ask us to delete your personal information.
You have the right not to be discriminated against for exercising your privacy rights.
You can email us at contact@fantextapp.com to exercise your rights under the CCPA.

In the past 12 months, we have collected the categories of personal information described in the “Our Collection of Information” section above, including: (i) identifiers; (ii) internet and other electronic network activity information; (iii) financial information; (iv) geolocation information; (v) other information you provide; and (vi) inferences from this information.

We collect personal information for the business purposes described in the “Our Use of Information” section above.

We do not sell your personal information to third parties. In the past 12 months, we may have shared your information with third parties for business purposes and with Community Leaders at your direction, each as described in the “Our Disclosure of Information” section above.

CCPA requests

Depending on your request, we may ask you to take steps to verify your identity, such as by texting us from the phone number you used when signing up or providing additional information. We will not discriminate against you for exercising your rights and choices. If we receive your request from an authorized agent purporting to act on your behalf, we will ask the agent to provide proof that it has valid written authority to submit requests on your behalf, and we may ask you to verify your identity directly with us and to confirm that you provided such agent with power of attorney.

European privacy disclosures

If you are an individual in the European Economic Area, the UK, or Switzerland, please read this section, which provides additional information applicable to you.

We collect and process information about you only where we have legal bases for doing so under applicable laws in your home country. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

we need it to provide you with our services consistent with our Terms of Service, including to operate Fantext, provide customer support and personalized features, and to protect the safety and security of Fantext;
it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to promote Fantext and to protect our legal rights and interests;
you give us consent to do so for a specific purpose; or
we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. If we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using Fantext and our Services.

When we share information of customers in the European Economic Area, the UK, or Switzerland, we make use of the European Commission-approved standard contractual data protection clauses, or other appropriate legal mechanisms to safeguard the transfer. Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws. Please email us if you would like to know more at contact@fantextapp.com

Individuals in the EEA, UK or Switzerland have the rights described above in the “Your rights and choices” section, and may exercise those rights by contacting us as provided in the “Your rights and choices” section. You may lodge a complaint with a supervisory authority if you believe our processing of your information is unlawful.

International transfers

By using Fantext and providing us with information, you understand and agree that we may transfer and store your information on servers located outside your resident jurisdiction. Where permitted by applicable law, to the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy. Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to your home country.

Contact Fantext

If you have any questions about this Privacy Policy or our practices, please email us at contact@fantextapp.com.

Additional Terms for Fantext Users

Last Updated: December 6, 2021

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These are the additional terms for Fantext Users (“Additional Terms”) referred to in section 5 of our Terms of Service(“Terms”). By signing up to use Fantext as a Fantext User, you also agree to these Additional Terms. In the event of any conflict or inconsistency between the Terms and these Additional Terms, these Additional Terms will control to the extent of such conflict or inconsistency, solely with respect to your capacity as a Fantext User. Capitalized terms not defined inline or in the Terms are defined in section 9 below.

1. Your Fantext Subscription

We determine eligibility to become a Fantext User at our sole discretion. Unless we have agreed otherwise, a standard subscription is month-to-month and will automatically renew until You or Fantext terminate the relationship as outlined in the Terms of Services agreement.

2. Free Trials

Your Fantext subscription may start with a free trial. The duration of the free trial period will be specified during sign-up. Fantext will charge the applicable fees for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless You or Fantext terminates Your subscription prior to the end of the free trial period. We determine free trial eligibility at our sole discretion. We reserve the right to revoke the free trial and put your account on hold for any reason including ineligibility to receive Fantext Services.

3. Subscription Fees

You must provide us with a Payment Method for eligibility to receive Fantext Services. The applicable fees you incur for your use of Fantext will be charged to your Payment Method on the applicable billing date identified on Your selected subscription. The length of your billing cycle will depend on the type of subscription that You choose when signing up for Fantext. You must cancel your subscription before it renews in order to avoid billing of the applicable fees for the next billing cycle to your Payment Method. All fees are to be paid in U.S. dollars. Charges are exclusive of taxes.

Unless we have agreed otherwise, all fees are due monthly in advance, and are calculated by reference to the number of Fans (also sometimes referred to as “Contacts”) that you have on the applicable billing date (and for clarity, that counts all individuals who (i) have signed up to message with you via Fantext after sending a message to your Fantext Number, and (ii) have not opted out).

4. Billing & Cancellation

You authorize us to charge all fees owed by You to Fantext using any Payment Method associated with your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to Fantext until we have successfully charged a valid Payment Method.

We may update your Payment Method using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method.

You may cancel your Fantext subscription at any time, and you will continue to have access to Fantext through the end of your billing period as long as it remains within the same billing threshold (i.e. number of Fans). If you have canceled your Fantext subscription and have reached a new billing tier before the end of your billing period, you will be charged and notified of the difference between the tier that you have paid and the new billing tier. To cancel, email us at contact@fantextapp.com. If you cancel your subscription, your account will automatically close at the end of your current billing period.

We reserve the right to change our subscription plans or adjust pricing for Fantext in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes or changes to your subscription plan will take effect following notice to you. If you do not accept any such additional fees, we may discontinue your access to Fantext.

Payments are nonrefundable and there are no Credits for partially used periods. Following any cancellation, however, you will continue to have access to Fantext through the end of your current billing period. At any time, and for any reason, we may provide Credits to some or all of our Fantext Users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

If you believe you have been billed in error, please email us at contact@fantextapp.com within 30 days of your billing error.

5. Service Rights & Restrictions

We grant you a non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Fantext (including our iOS and web applications), any related documentation, and any updates and enhancements made to the foregoing by or for us during the term of your subscription.

You may permit Authorized Users to access and use Fantext on your behalf. Usage is limited by any restrictions stated in an order form or other written agreement between us. Access credentials for Fantext may not be shared, except with our prior written approval (email sufficing). You are responsible for breaches of the Terms (as supplemented by these Additional Terms) caused by Authorized Users.

We will use commercially reasonable efforts to make Fantext available, and to deliver all of Your Messages, excluding when Fantext is unavailable due to: (i) required system maintenance as determined by us; (ii) causes outside of our reasonable control, and (iii) carrier or aggregator service issues. We will provide you with reasonable support services in accordance with our standard practices.

We may from time to time make Beta Features available to you to try at no additional cost. Use of Beta Features is optional. Beta Features are provided for testing purposes only, and we do not make any commitment to provide Beta Features in any future versions of Fantext. Beta Features are provided “AS IS” without warranty of any kind.

You are responsible for keeping your Fantext account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or Fantext.

The access to or use of certain areas and features of Fantext may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access them.

6. Messaging

You are solely responsible for: (i) composing and sending Your Messages; (ii) deciding when and to whom Your Messages are sent; and (iii) ensuring that the content of Your Messages complies with all applicable laws, rules and regulations. If you have questions about messages you want to send, you should always seek legal guidance from your own counsel.

You acknowledge that we may send System Messages on your behalf from your Fantext Number.

With respect to Fantext, you shall not (and shall not allow others to): (i) disassemble, decompile, reverse-engineer, copy, translate or make derivative works; (ii) conduct benchmarking, performance tests, or other comparative analysis intended for publication or disclosure to third parties; or (iii) transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates our Acceptable Use Policy.

We may, in our sole discretion, set a quota on your use of Fantext. You shall not attempt to circumvent quota restrictions.

We may suspend or limit your use of Fantext as we deem appropriate to prevent, investigate or otherwise address: (i) any suspected misuse of Fantext or violation of the Terms (as supplemented by these Additional Terms); (ii) any suspected risk to the security or performance of Fantext or any of our other customers or business partners; or (iii) any potential harm to any Fan or to our reputation or business.

7. IP Rights & Data

You grant us a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use Your Messages and messages sent to your Fantext Number for the purpose of operating, providing and improving Fantext (such as to allow us to deliver your messages to Fans, and to store Your Messages on our servers).

You acknowledge and agree that: (i) Fans may share Your Messages publicly; (ii) you have no expectation of privacy with respect to Your Messages; and (iii) we may collect, analyze and use Your Messages and messages sent to your Fantext Number, including related information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test Fantext and our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.

You also agree that we may use your Fantext Number and related information (such as your profile name and profile picture), Your Messages, and anything you share publicly regarding your use of Fantext (such as a social media post that features your Fantext Number or messages you received via Fantext) on our website, in our apps, and in presentations, marketing materials, customer lists, case studies, and other marketing-related activities.

Except for the licenses granted herein, you and your licensors retain all right, title, and interest, including all intellectual property rights, in and to the content of Your Messages. Any and all use of your trademarks by us will inure to your benefit, and we will have no trademark rights in your trademarks.

Unless we have agreed otherwise, we will not be required to provide you with any way to save or export Your Messages, messages sent to your Fantext Number, or any information regarding Fans.

8. Confidentiality

You shall keep confidential and not disclose the fees you are paying to use Fantext, except as follows: (i) to your attorneys, directors and representatives on a “need-to-know” basis (but in all cases only to the extent they are subject to restrictions relating to use of data at least as restrictive as those applicable to you hereunder); (ii) to enforce your rights hereunder; or (iii) as required by applicable laws, rules, regulations, and orders of any governmental authority or a court order upon advance written notice provided as soon as reasonably practicable to us (if such notice is permitted).

9. Definitions

“Authorized Users” means your employees, contractors, and agents granted permission to use Fantext on your behalf pursuant to section 5.

“Beta Features” means new, experimental or temporary Fantext features or functionality.

“Credit” means any refund, discount, or other consideration.

“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time.

“System Messages” means (i) the reply message sent to each person the first time they message your Fantext Number; (ii) the confirmation message sent to each new Fan upon signing up to receive Your Messages; (iii) the reminder message sent the next day to each person who sent a message to your Fantext Number if they have not yet completed the sign-up process to receive Your Messages (if enabled in your account settings); (iv) the reply message sent in response to any HELP or STOP message; and (v) other messages that we determine in our sole discretion are necessary or appropriate for compliance with applicable laws, rules, or regulations, or to enable the functionality of Fantext.

“Your Messages" means all messages sent from your Fantext Number, including System Messages.

Privacy Policy

Additional Terms for Fantext Users

Fantext Acceptable Use Policy

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Prohibited Content

While we encourage users to use Fantext for their applicable communication needs, in order for us to continue providing service with US cellular carriers and their networks, we must prohibit any use of Fantext to send certain messages that include (or link to) any of the following:

anything that’s illegal in the jurisdiction where the message recipient lives (e.g., messages related to the sale of recreational or medicinal cannabis in the United States);
material that displays any person in an illicit or otherwise exploitative manner;
illegal drugs and drug paraphernalia;
alcohol-related content sent to users under the age of 21 (e.g., cocktail recipes, drinking games, alcohol-related memes/jokes, alcohol-related questions);
anything that promotes the purchase of alcohol to users under the age of 21;
pornography and sexual services;
viruses, worms, Trojan horses, or other harmful code;
instructions or materials for the assembly of bombs or other weapons;
anyone’s private or personal information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor);
products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances;
pyramid schemes or multi-level-marketing businesses (including, but not limited to, “get rich quick,” “build your wealth,” and “financial independence” offerings);
any illegal, harmful, or offensive contend that is fraudulent, tortious, threatening, abusive, or harassing activity;
objectionable content including obscenity, violence, bigotry, or hatred;
false, misleading, or inaccurate information;
the advocacy, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence;
any product or service related to death (e.g., mortuaries and cemeteries);
any education records (as such a term is defined under FERPA or other educational privacy laws);
material that violates the rights of third parties, including patent, copyright, trademark, trade secret, publicity, privacy, or other proprietary rights;
anything that involves charging individuals to receive your text messages; and

Promotions

If you use Fantext as part of any type of promotion, contest, or sweepstakes (all referred to here as a “Promotion”), you are responsible for ensuring that your Promotion complies with all legal requirements.
This includes writing the official rules, terms, and eligibility requirements, and complying with marketing regulations.
Legal requirements for Promotions can vary from place to place, so please work with a lawyer or other expert to ensure you won’t violate any applicable laws.
We are not responsible or liable to you in any way if you use Fantext as part of your Promotion. Your Promotion’s official rules must include a statement that each entrant or participant completely releases Fantext from all claims based on, related to, or arising from the Promotion.
You must also make clear through the presentation of your Promotion that your Promotion is in no way sponsored, endorsed, administered by, or associated with, Fantext Communications, LLC.
Fantext will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent.
You agree that if you use Fantext to administer your promotion, you do so at your own risk.