By using Fanikio.com web site ("Fanikio" or the “Site”) you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), and those included elsewhere on the website.  Should you have questions or concerns, please refer to the Help section of our Site.

By using Fanikio’s service, you are agreeing to comply with the Terms of Use.  Furthermore,  when using our services, you agree to abide by any applicable guidelines, which could change from time to time, for all available services.  If you object to any part of  the Agreement, any guidelines, or any subsequent changes or become dissatisfied with Fanikio in any way, your only recourse is to discontinue using Fanikio.  Fanikio has the right, but is not obligated, to enforce the Agreement through investigation, litigation, prosecution and any other available means.

In order to register with Fanikio, you must read and accept all the terms and conditions in the Agreement.

1. Fanikio

Fanikio.com provides a service that allows users to sell and buy products and services using a fixed price format.  Fanikio is not directly involved in any transaction between buyers and sellers.  Therefore, Fanikio does not control the quality, safety or legality of any aspect of the products and services listed, the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.  Fanikio does not pre-screen users or content.  Because of this, Fanikio cannot and does not ensure that a buyer or seller will actually complete a transaction.

Fanikio does not transfer legal ownership of items from the seller to the buyer. Fanikio cannot guarantee the true identity or age of the users.  Fanikio encourages and recommends that you  communicate directly with potential transaction partners using  the tools available on the Site.  

Fanikio is not responsible or liable for any content posted on the Site by you or other users.  You use Fanikio’s services at your own risk.

2. Eligibility

Age: Fanikio's services may only be used by individuals who are 18 years or older who can form legally binding contracts under applicable law.   

Compliance:  You agree to comply with all laws regarding online conduct and acceptable content.  You are responsible for all applicable taxes.  You must abide by Fanikio’s policies as stated in the Agreement and any other Fanikio policy documents available on the site.

Password:  Always secure your password. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.   You also agree that Fanikio will not be liable for any loss or damage arising from your failure to keep your password secured.  It is your responsibility to immediately notify Fanikio of any unauthorized use of your password or any breach of security..

Account Information:  You must always keep your account information, including a valid email address,  up-to-date and accurate.  

Account Transfer:  You cannot transfer or sell your Fanikio account.   If you are registering as a business entity, you guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service:  Fanikio reserves the right, in Fanikio’s sole discretion, to cancel unconfirmed or inactive accounts.  Fanikio reserves the right to refuse or suspend service to anyone, for any reason, at any time.

3. Services and Fees

• Setting up an account on Fanikio is free.   Fanikio's Fees Policy is subject to change.  Changes to the Fees Policy and the fees for Fanikio’s services are effective once Fanikio provides you with at least fourteen (14) days' notice by posting the changes on the Site.  However, Fanikio may choose to temporarily change the Fees Policy and the fees for Fanikio's services for promotional events; such changes are effective when Fanikio posts the temporary promotional event on the Site.   Fanikio may, at it's sole discretion, change some or all of it’s services at any time.  In the event Fanikio introduces a new service, the fees for that service are effective at the launch of the service.   

You are responsible for paying any and all fees associated with using Fanikio, if any.  

Paid postings:  Currently we do not charge for listings on Fanikio.  We may charge a fee to post Content in some specific areas.  The fee is an access fee permitting Content to be posted in a designated area.  All fees paid will be non-refundable in the event that Content is removed from the Site for violating the Agreement.

4. Listings

Listing Description:   By listing an item on Fanikio.com you warrant that you and all aspects of the item comply with Fanikio’s policies.  You also warrant that you may legally sell the item.  You must accurately and completely describe your item(s) and the terms of sale.  Your listings may only include information relevant to the sale of that item.  All items must be listed in an appropriate category.  Each unique item must have its own listing.

Binding Sale:  All sales are binding.  The seller is obligated to ship the order and/or complete the transaction with the buyer in a prompt and professional manner, unless there are  exceptional circumstances, such as:

• the buyer fails to meet the terms of the seller’s listing (payment method, etc.), or
• the seller cannot authenticate the buyer's identity.  The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Item representation:  The price stated in every item listing must be an accurate representation of the sale.  Sellers may charge reasonable shipping and handling fees to cover the costs of packaging and mailing the items.  Sellers should not charge excessive shipping fees.  You may not misrepresent the item’s location, or use another user’s account without permission.

Posting Agents:  A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to Fanikio on behalf of others.  You may not use a Posting Agent to post Content to the Service without express written permission from Fanikio.   Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express written permission from Fanikio.

5. Conduct

You are solely responsible for your conduct and activities regarding Fanikio and any and all content that you submit, post, and/or display on Fanikio.  You, your use of Fanikio and your content must not:

0. Collect personal data about other users for commercial or unlawful  purposes, contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for commercial purposes
0. Be obscene or contain nudity or pornography of any kind.
0. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
0. Be false, inaccurate or misleading
0. Be hateful toward individual or group of individuals on the basis of race, religion, gender, sexual orientation, ethnicity, age, or disability.
0. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
0. Violate this Agreement, any site policy or any applicable law, statute, ordinance or regulation 
0. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and/or subject to a recall
0. Be degrading, defamatory, libelous, threatening, harassing, impersonate or intimidate any person, or otherwise misrepresent your affiliation with any person, through the use of similar email address, nicknames, or any other method or device
0. Contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
0. Host images not part of a listing
0. Modify, adapt or hack Fanikio or modify another website so as to falsely imply that it is associated with Fanikio
0. Appear to create liability for Fanikio or cause Fanikio to lose (in whole or in part) the services of it’s ISPs or other suppliers
0. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on the Site.
0. Violate the Fair Housing Act by stating discriminatory preferences based on race, color, national origin, religion, sex or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics
0. Violate federal, state, or local equal employment opportunity laws
0. Contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment
0. May not list any item on Fanikio that could cause Fanikio to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.

6. Content

License:  Fanikio does not claim ownership rights in your Content.  You grant Fanikio a license solely to enable Fanikio to use any information or Content you supply Fanikio with, so that Fanikio is not violating any rights you might have in that Content.  You grant Fanikio a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content.  You also agree to allow Fanikio to store or re-format your Content on Fanikio and display your Content on Fanikio in any way Fanikio chooses.  Fanikio will only use personal information in accordance with Fanikio's Privacy Policy.

You may obtain personal information from other Fanikio users as part of a transaction. This  information can only be used for that transaction or for Fanikio-related communications without obtaining prior permission from the respective users.  Fanikio does not grant you a license to use the information for unsolicited commercial use.  Without express consent from the user, you are not licensed to add any Fanikio user to your email or physical mail list.  For more information, see Fanikio’s Privacy Policy.

You understand that all postings, messages or other content posted on, transmitted through, or linked from the Site, are the sole responsibility of the person who originated such Content.  You are entirely responsible for each and every item of Content that you post, email or otherwise make available via the Site.

You acknowledge that Fanikio may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or any other content and the frequency with which you may access the Service.  You agree that Fanikio has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.  You acknowledge that Fanikio reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Fanikio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Fanikio.com may contain links to other websites, which are completely independent of Fanikio.  Fanikio makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any of those sites.

• You agree that you may not rely on said Content, and that Fanikio will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.

You acknowledge that Fanikio does not pre-screen or approve Content, but that Fanikio has the right (but not the obligation) in its sole discretion, to refuse, delete or move any Content that is available via the Site, for violating the Agreement or for any other reason.

Re-Posting Content:  By posting Content on Fanikio, it is possible for an outside website or a third party to re-post that Content.  You agree to hold Fanikio harmless for any dispute concerning this use.  If you choose to display your own Fanikio-hosted image on another website, the image must provide a link back to its listing page on Fanikio.

7. Information Control

Fanikio does not control the content provided by users that is made available on the site. You may find some content to be offensive, harmful, inaccurate, or deceptive.  There are also risks of dealing with underage persons or people acting under false pretenses.

Additionally, there may also be risks dealing with foreign nationals.  By using Fanikio, you agree to accept such risks and that Fanikio (and its officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Fanikio.  Please use caution, common sense, and practice safe buying and selling when using Fanikio.

Other Resources:  Fanikio is not responsible for the availability of outside resources and/or websites who link to our Site or referenced on Fanikio.com.  Fanikio does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that Fanikio will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such resources and/or websites.

8. User Generated Groups

Users may create and organize online User Generated Groups. Users are solely responsible for interactions with others.  Users must comply with Fanikio’s policies and agree to comply with the laws of the city, county and country.   Additional eligibility requirements for a particular group may be set by the group’s contact person.  Fanikio is not involved with or responsible at all for user generated groups.

Fanikio does not supervise or control the User Generated Groups, user-initiated online or offline meetings, or the interactions between users and other persons or companies.  Fanikio does not screen its users.  All users agree to exercise caution and good judgment in all interactions with others, whether online or offline.

Groups or User Fees:  Some user-generated groups on Fanikio may require or request that users pay fees in order to be a member of the group, participate in a promotion, etc.  Fanikio is not involved in the transactions, the payments or their processing.  The payment does not go to Fanikio; this money is separate from any fees or charges assessed by Fanikio,  AND FANIKIO HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE.  YOU ACKNOWLEDGE AND AGREE THAT FANIKIO IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, FANIKIO USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Third party content, sites and services

The Fanikio site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is independent of Fanikio. 

 Your interactions with individuals and/or organizations found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals and/or organizations. 

 You agree that Fanikio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you agree that Fanikio is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release Fanikio, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.  

10.  No Spam Policy

Unauthorized use of Fanikio’s computer systems is a violation of this Agreement and certain federal and state laws.  You agree that sending unsolicited email advertisements to Fanikio email addresses or through Fanikio computer systems,  is expressly prohibited by these Terms.  Such violations may subject the sender to civil and criminal penalties.

11. Fanikio's Intellectual Property

Fanikio, and its graphics, logos, designs, headers, button, and service names are registered trademarks, trademarks or trade dress of Fanikio.  Fanikio's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

12. Access and Interference

Fanikio may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Fanikio is updated on a real-time basis and is proprietary or is licensed to Fanikio by Fanikio's users or third parties.  You agree that you will not use any robot, spider or other automated means to access Fanikio for any purpose without Fanikio’s prior express written permission.  You also agree that you will not:

0. Take any action that imposes, or may impose, in Fanikio’s sole discretion, an unreasonable or disproportionately large load on Fanikio’s infrastructure
0. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your own, or other allowed uses) from the Site without the prior expressed written permission of Fanikio and the appropriate third party, as applicable
0. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
0. Bypass any measures Fanikio may use to prevent or restrict access to Fanikio.com

13. Resolution of Disputes and Release

In the event a dispute arises between you and Fanikio, please contact Fanikio.

Should you have a dispute with one or more users, or an outside party, you release Fanikio (and Fanikio's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  Fanikio encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Fanikio, may try to help users resolve disputes, but it does so in Fanikio’s sole discretion.  Fanikio has no obligation to resolve disputes between users or between users and third parties. If  Fanikio tries to resolve a dispute, it will do so in good faith based solely on Fanikio’s policies.

14. Privacy

Fanikio will not sell, disclose or make available your personal information to third parties without your explicit consent, except as provided in Fanikio’s Privacy Policy.  Fanikio stores and processes content on computers located in the state of Texas in the United States.

15. Termination of service

Fanikio has the right (but not the obligation), in its sole discretion, without notice, and without refunding any fees, delay or immediately remove and discard content, warn Fanikio’s community of a user’s actions, issue a warning to a user, temporarily or indefinitely suspend a user and/or user’s account privileges, terminate and deactivate a user’s account, prohibit access to the Site, block a user’s email or IP address and take technical and legal steps to keep a user off Fanikio.com.  Additionally, Fanikio can refuse to provide services to a user if any of the following apply:

• Fanikio is unable to verify or authenticate a user’s personal information or content; or
• Fanikio suspects that a user has acted inconsistently with Fanikio’s policies and/or community guidelines incorporated into the site;
• Fanikio believes that a user has engaged in improper or fraudulent activity in connection with Fanikio or the actions may cause legal liability or financial loss to Fanikio's users or to Fanikio.

Further, Fanikio shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination

16. No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW,  FANIKIO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,  TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FANIKIO SITE AND THE  SERVICE.  

TO THE FULLEST EXTENT PERMITTED BY LAW, FANIKIO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE  FANIKIO SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON  THE FANIKIO SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FANIKIO  DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FANIKIO SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. Liability Limit

IN NO EVENT SHALL FANIKIO, AND (AS APPLICABLE) FANIKIO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR FANIKIO'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FANIKIO’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

FANIKIO'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FANIKIO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FANIKIO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

18. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FANIKIO AND FANIKIO'S PARENT, SUBSIDIARIES, AFFILIATES,  OFFICERS,  DIRECTORS,  AGENTS, SERVICE PROVIDERS,  SUCCESSORS,  SUPPLIERS,  AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS,  MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT,   YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

19. No Guaranty

Fanikio cannot and does not guarantee continuous, uninterrupted access to the Site, since operation of the Site may be interfered by factors outside Fanikio’s control.

20. Legal Compliance

You shall comply with any and all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Fanikio’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

21. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of this Agreement shall remain in full force and effect.

22. No Agency

You and Fanikio are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

23. Fanikio Service

Fanikio reserves the right to modify or terminate its service for any reason, at any time and without notice...  Fanikio reserves the right to alter these Terms of Use or other Site policies at any time.  If the alterations constitute a material change to the Terms of Use, Fanikio, may decide to notify you via email to the email address in your account.  What constitutes a "material change" will be determined at Fanikio's sole discretion, in good faith, and using common sense and reasonable judgment.

24. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas and disputes arising under this Agreement will be adjudicated by the courts of the State of Texas.

 25. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Fanikio Attn: address  (in the case of Fanikio) or, in your case, to the email address you provide to Fanikio (either during the registration process or when your email address changes).  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  

26. Disclosures

The services hereunder are offered by Fanikio.com, located in San Antonio, Texas.  Fanikio is part of Taeeno Premier Group, LLC.  

27. Feedback

Fanikio welcomes your questions and comments on this document to admin@fanikio.com.