⚠ BY ACCESSING OR USING ANY SERVICE, PRODUCT, WEBSITE, SOFTWARE, OR PLATFORM PROVIDED BY MISTERFANATIC OR FANATIC EMPIRE (COLLECTIVELY, "THE SERVICES"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MisterFanatic / Fanatic Empire ("we," "us," or "our"). By accessing, browsing, downloading, installing, or otherwise using any of our Services — including but not limited to websites, software applications, tools, APIs, Discord communities, and digital products — you unconditionally agree to these Terms. These Terms apply regardless of how you accessed the Services, whether directly or through a third-party platform.
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Continued use of the Services following any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. The most recent version will always be accessible at this URL.
By using any of our Services, you expressly and irrevocably waive your right to initiate, pursue, or participate in any legal claim, lawsuit, arbitration, regulatory complaint, or other legal or quasi-legal proceeding against MisterFanatic, Fanatic Empire, or any of its affiliated persons, collaborators, contributors, or representatives, arising from or in connection with your use of the Services.
This waiver applies to all claims of any nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to: (i) the functionality or performance of the Services; (ii) any content created, distributed, or hosted through the Services; (iii) any software bugs, errors, downtime, data loss, or service interruptions; (iv) decisions made by MisterFanatic regarding the availability, modification, or discontinuation of any Service; or (v) any other matter relating to your relationship with MisterFanatic or Fanatic Empire.
You acknowledge that you have had a reasonable opportunity to review these Terms and that this waiver is a material inducement for MisterFanatic to provide you access to the Services free of charge or at reduced cost.
You agree not to file, support, encourage, or facilitate any complaint, report, or inquiry with any governmental authority, regulatory body, consumer protection agency, platform (including but not limited to Discord, GitHub, or app stores), or any other third-party organization against MisterFanatic or Fanatic Empire in connection with the Services.
This includes but is not limited to: chargebacks or payment disputes; DMCA or intellectual property complaints submitted in bad faith; abuse reports filed to hosting providers, domain registrars, or CDN services; complaints to consumer watchdogs or data protection authorities (except where such complaints are expressly protected and non-waivable under applicable law).
All Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, MisterFanatic expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and availability.
MisterFanatic does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the Services entirely at your own risk. MisterFanatic shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the Services, even if MisterFanatic has been advised of the possibility of such damages.
To the maximum extent permitted by law, MisterFanatic's total cumulative liability to you for any claims arising out of or related to these Terms or the Services shall not exceed zero euros (€0.00) or the amount you paid for the specific Service giving rise to the claim over the preceding thirty (30) days, whichever is greater.
This limitation applies to all causes of action in the aggregate, including but not limited to breach of contract, tort (including negligence), strict liability, misrepresentation, and any other legal or equitable theory. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
All content, code, graphics, logos, trademarks, software, designs, and other materials associated with the Services are the exclusive intellectual property of MisterFanatic or its licensors and are protected by applicable copyright, trademark, and intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for their intended personal, non-commercial purpose.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, rent, sublicense, or otherwise exploit any part of the Services or its content without prior written consent from MisterFanatic, except as expressly authorized in writing.
You agree not to use the Services to: (i) violate any applicable local, national, or international law or regulation; (ii) engage in any conduct that is harmful, abusive, threatening, defamatory, obscene, or otherwise objectionable; (iii) attempt to gain unauthorized access to any part of the Services, its servers, or any network connected thereto; (iv) transmit any unsolicited commercial communications; (v) introduce any malware, viruses, ransomware, or other harmful software; (vi) interfere with or disrupt the integrity or performance of the Services; or (vii) impersonate MisterFanatic or any other person or entity.
Violation of these prohibitions may result in immediate and permanent termination of your access to the Services, without notice and without liability to MisterFanatic.
You agree to defend, indemnify, and hold harmless MisterFanatic, Fanatic Empire, and their respective officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or contractual right; or (iv) any claim that content you submitted or transmitted caused damage to a third party.
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which MisterFanatic operates, without regard to its conflict of law provisions. Any dispute arising under or in connection with these Terms that cannot be resolved amicably between the parties shall be submitted exclusively to the competent courts of that jurisdiction. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Notwithstanding the foregoing, MisterFanatic reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information without the posting of a bond or other security.
MisterFanatic reserves the right to suspend or terminate your access to any or all of the Services at any time, for any reason or no reason, with or without notice and without liability. Upon termination, your right to use the Services will immediately cease. Sections 2, 3, 5, 6, 8, and 9 of these Terms shall survive any termination.
If you have questions regarding these Terms of Service, please contact us at: contact@misterfanatic.xyz or via Discord: Mysterfanatic.