Terms of Use

1. Acceptance of Terms
FansPlay App (the “Application”) is owned and operated by FansPlay Group Inc. and its subsidiaries and affiliates. Use of the Application is subject to the Terms of Use (the “Terms”) set forth below. Please read these terms of use carefully before using the Application. By creating an account or otherwise accessing the Application you agree to be bound by the Terms, including any updates or revisions posted here or otherwise communicated to you. If you do not agree to be bound by the Terms, do not access or use the Application.

2. Eligibility
To be eligible to play paid entry games you must warrant that:

  • You are 18 years or older, or the age of majority in your jurisdiction, whichever is greater
  • You are a legal citizen or resident of the United States of America or Canada and that you have a physical address in the United States of America of Canada
  • You will abide at all times by the Terms and any other agreements regarding the use of the Application
  • You are not a resident of or located in:
    • Nevada
    • Arizona
    • Iowa
    • Louisiana
    • Montana, or;
    • Washington

If you do not meet the eligibility requirements of this section then you are not authorized to play paid games on the Application. The Application reserves the right to disqualify or refuse service to any user. You may be required provide proof of eligibility in order to withdraw or deposit funds from the application.
The Application and contests therein are games of skill. The Application may not be used for any form of gambling. You acknowledge that the Application may pursue criminal or civil charges in connection with any conduct that is against the Terms of the Application.

3. Registration
In order to access the Application you must provide a username and enter your cell phone number (the “Unique ID”). Any information collected by the Application is subject to our Privacy Policy below.
The username must not be offensive nor infringe upon the right of third parties. Your username can be amended and account suspended without notice.
In the event that you are concerned that your Unique ID has been compromised or is no longer secure you must immediately notify the application by sending an email to support@fansplay.com, whereupon we will attempt to verify your Unique ID and other account details including deposit history. If the Application is unable to verify your Unique ID your access to the application will be suspended and all funds will be locked to allow for further investigation. Any transactions made prior to providing notice to the Application shall be treated as valid and you will be responsible for those actions.
Your Account is not transferable. Under no circumstances shall a third party or any other person access your account. This is a breach of the Applications Terms and your Service will be suspended immediately.

4.  Deposits, Winnings and Withdrawal of Funds
To participate in certain games you will be required to deposit funds into your account by the methods permitted in the Application. Funds will be deposited into your account upon actual receipt of funds. The Application is not a financial institute and your funds are not insured by any government agency. No interest is payable on the balance of your account. All payments into your account must be from a payment source in which you are the named account holder. All deposits will be denominated in US Dollars. If you make a deposit in any other currency the funds will be converted into US Dollars by our Payment Processor and you may be subject to a service fee for such conversion.

Winnings will be deposited directly into your account. Any amounts that are mistakenly credited as winnings to your account will remain the property of the Application. Any winnings wrongfully withdrawn will be subject to collection by the Application.

You may withdraw funds from your account balance at any time. The minimum withdrawal amount is $10.00 U.S. Dollars. You must select between the withdrawal methods available. You are responsible for any fees associated with your selected withdrawal method. No withdrawals will be permitted while your account is under review. The Application will require updated account information and a complete profile prior to be completed prior to withdrawal of funds.

5. Taxes
It is the policy of the Application, in compliance with the IRS to send IRS Form 1099-MISC to any person who wins in excess of $600.00 US Dollars on the Application in any given calendar year. It remains your responsibility to pay all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

6. Contest Rules and Prizes
You are bound to the Contest Rules as per the Application. It is your responsibility to understand the rules and required entry fees for any given game. For games with entry fees the entry fees will be deducted directly from your account.

The results and winners of each game offered on the Application will be determined by the Application at its own discretion and such determinations are final. You agree to be bound by these determinations.

Prize winners may be required to execute and return an affidavit of eligibility, a copy identification and proof of address.  If identification and proof of address are not provided within seven business day the account will be suspended and prize will be withheld until a resolution has been met.

7. iOS and Application Updates
You agree to promptly download and install any new versions that we make available through the iTunes App Store. New versions may include security fixes, service improvements and updated Terms. Failure to promptly update your App may expose you to increased security risks or service errors.
You acknowledge and agree that these Terms are concluded between you and the Application, and Apple is not a party hereto. The Application is responsible for the services and content contained within the Application, not Apple. You must use the Application on an Apple product that runs iOS. Your use of the Application must comply with the terms of use applicable to the Apple Source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the Application.  
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app including, but not limited to:

  • Product warranty or liability claims
  • Any claim that the app fails to conform to any applicable legal or regulatory requirement
  • Claims arising under consumer protection or similar legislation; or,
  • Claims that the app infringes on third party’s intellectual property rights

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these terms, you may notify Apple, and Apple will refund the purchase price of the app(if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and the Application, any other claims, losses, liabilities, damages, costs or expenses attributable to any extent provided by these Terms.
The Application is not associated with Apple, Inc. Apple is not a sponsor of, or involved in any way with, the Application contests.

8. Termination of Accounts and Services
The Application reserves the right to terminate or suspend your Account for any reason, including, but not limited, to any violation of these Terms. If your account is terminated by the Application your deposits and winnings may be voided and not returned to you. These remaining funds will be applied towards the cost of administration and enforcement of the Terms.

The Application reserves the right to add, alter or terminate any services offered within the Application without notice to you.

If you do not use the Application by logging in and playing in a contest for a period of 13 months the Application reserves the right to charge an upkeep fee of $2.50 US Dollars per month (the “Monthly Upkeep Fee”). After 12 months of inactivity we will notify you via SMS that your account will be deactivated in 30 days and the Monthly Upkeep Fee will apply in the following month. The Monthly Upkeep Fee will not be applied to an account that has a balance of $0 US Dollars.

9. Intellectual Property Rights and Rights of Publicity All content within the Application, including but not limited to, text, trade or service marks, graphics, animations, videos, audio, logos, icons and images are the property of the Application. No portion of the materials used herein shall be reprinted, republished or used in any form without the Applications written consent. Any images owned by third parties being licensed by the Application shall not be reprinted, republished or used in any form without the third parties written consent.

You acknowledge that if you are a winner your identifying information may be disclosed to third parties including having your username and prize details placed on a winners list, internal blogs, third party websites, chat rooms, social media websites and discussion forums.

10. Third Party Payment Processors
The Application uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals on your behalf. You irrevocably agree to the Payment Processors Terms and Conditions independent of the Application. You authorize the Application to instruct the Payment Processors on your behalf to process withdrawals and deposits.

11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the application is provided "as is" without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, noninfringement or fitness for a particular purpose. The application does not warrant the operation of its offerings will be uninterrupted or error free. You bear the entire risk as to the results, quality and performance of the service should the service prove defective. No oral or written information or advice given by the application authorized representative shall create a warranty. This disclaimer of warranty constitutes an essential part of the service agreement.

11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event and under no legal theory shall the application or any other person who has been involved in the creation, production, or delivery of the application and its offerings be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, cover or other damages of any character arising out of the licensing agreement or the use of or inability to use the service, including but not limited to, personal injury, loss of data, loss of profits, loss of assignments, data or output from the service being rendered inaccurate, failure of the application to operate with any other programs, server down time, damages for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if the application has been informed of the possibility of such damages. Any information that you send or receive may not be secure and may be intercepted or later acquired by unauthorized parties. You agree that your use of the application is at your own risk. Not withstanding anything to the contrary contained herein, the application’s liability to you for any cause will be limited to the amount paid by you, if any to the application.

12. Severability
If any provision of this agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.

13. Governing Law
Except where prohibited, you agree that these terms of use and the relationship between you and the application shall be governed by the laws of the province of ontario and canada without regard to its conflict of law provisions. you and the application agree to submit to the exclusive jurisdiction of the courts located within the province of ontario.

14. Assignment
You shall not assign or otherwise transfer all or any portion or your rights or obligations under this agreement.

15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cluase of action arising out of related to the use of the application must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Notices
Any notices to the application shall be made by email to support@fansplay.com. Notices to you will be sent via mail to the address you provided as part of your profile.

18.  Entire Agreement
This agreement constitutes the whole agreement between you and the Application and supersedes all previous agreements between you and the Application relating to its subject matter. These Terms and Conditions may be changed at any time, without prior notice.
The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.