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Jöí Fabü

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COGNIZANT

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COGNIZANT
by Jöí Fabü

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Privacy Policy

Last updated September 2026

This Privacy Policy explains how Jöí Fabü, together with Stadium Status Records ("we," "us," "our," or the "Company"), collects, uses, shares and keeps information in connection with iamjoifabu.com, the FLY(er)™ network, FLY(er) Smart Links at getflyer.app, the merch store, and every application, tool, module and feature made available through them (together, the "Services").

This Policy forms part of, and should be read together with, our Terms and Conditions. By using the Services you acknowledge the practices described here.

1. The Short Version

FLY(er)™ is public by default. Unless you make your account private, your flights, replies, handle, profile picture, biography, location and the accounts you follow can be seen by anyone, with or without an account.
Private accounts limit your flights to followers you approve. Approved followers can still copy or screenshot what they see.
Direct messages are visible only to the people in the conversation, but they are not end-to-end encrypted.
We do not sell your information, and there are no ads.
You choose your cookies: Allow all, Functional only, or Block all, and you can change your mind at any time.

Anything shared publicly may be copied, screenshotted, quoted, indexed by search engines, shared elsewhere or archived by others outside our control. Once that happens, we cannot retrieve it. Do not post anything you would not want to become public.

2. Information We Collect

2.1 Information you give us

Handle — on registration
Password and recovery PIN — on registration, stored only as cryptographic hashes, never in readable form
Profile picture, biography and website link — if you add them
Location — only a city you choose to type in your settings; it is shown on your flights
Flights, replies, Moments, likes, reflights, follows, bookmarks, lists, muted words, community notes and reports — when you post or interact
Direct messages — when you send them
Charters you create or join
Smart Links you create — the music link or code you enter, and the title, address and style you choose
Track requests — the song, the artist and the email address you enter
Email address — only if you subscribe to updates or submit a track request

We do not ask for, and you should not give us, your legal name, postal address, telephone number, date of birth, financial information or government identifiers. Nothing on the Services requires them.

2.2 Information collected automatically

Internet protocol (IP) address, used for security, moderation and preventing abuse
Device and browser details, such as browser type, operating system, language and time zone
Timestamps of registration, sign in, posting and other activity
Session identifiers, stored in your browser to keep you signed in
Activity records, such as which features you use, views of flights, and views and taps on Smart Links

2.3 Site analytics

We measure how the Services are used so we can improve them. What is recorded depends on your cookie choice (Section 8):

Anonymous visit count. The page viewed, the website or app that sent you, your device type and your country. Nothing is stored on your device, your IP address is not kept, and the code used to group one visit's pages changes every day, so you cannot be followed from day to day.
Full analytics, with Allow all, or where Section 8 explains it applies. Also your approximate city, whether you have visited before, time spent and how far you scroll, live presence while you are on the site, and a session analytics tool that records how pages are used, such as taps, clicks and scrolling.

2.4 Moderation records

Where content is screened, masked, refused or acted upon, we record the outcome, the category, the account and IP address involved, a short excerpt of the material, and a timestamp. Where an account accrues strikes, we record those and their severity. These records exist to enforce our Terms, to prevent abuse, and to keep removed accounts and devices off the Services.

2.5 Points and activity

Points, streaks, daily check-ins, ranks, badges, achievements, unlocks and invite rewards are recorded against your handle so those features work.

2.6 Records of your cookie choice

When you make a cookie choice, we keep a record of the choice, when it was made and on which page. When you choose Allow all, the record also includes your IP address and browser, so we can show that consent was given.

2.7 What we do not collect

We do not use advertising trackers or advertising pixels. We never detect your precise location: the only location shown on FLY(er)™ is a city you type yourself. We do not access your camera, microphone, contacts, photo library or files, except a file you choose to use in a tool, and we do not read the contents of your device.

3. Creative Tools

Most creative tools run entirely on your own device. Clips made in Clip Studio and share cards are created in your browser. Files you choose for them are not uploaded to us and are gone when you close the page.

Some features need to send information to work:

Artwork generation sends your written prompt to an image-generation service. Recent creations, the image and its prompt, may be saved and shown in the tool.
Translating a flight sends that flight's text to a language service, only when you ask for a translation.
Smart Links look up a song's details, such as title, artwork and streaming links, from music services using the link or code you enter.

4. Why We Use It

Running the Services — creating and signing in to your account, showing the feed, delivering flights and messages, running Charters, Smart Links and the tools
Security — detecting and preventing unauthorized access, automated abuse and spam
Moderation and enforcement — screening content, handling reports, applying rate limits, recording strikes, and blocking banned accounts, devices and network addresses
Features you choose to use — points, ranks, check-ins, unlocks, invites, sharing, translation
Understanding and improving the Services — site analytics, as set out in Section 2.3
Communications — updates you subscribed to, and replies about a track request you submitted
Legal compliance — responding to lawful requests, enforcing our Terms, and establishing or defending legal claims

Where the General Data Protection Regulation or similar laws apply, our legal bases are: performance of a contract for running your account; legitimate interests for security, moderation, preventing abuse and the anonymous visit count; consent for full analytics and for updates you subscribe to, which you may withdraw at any time; and legal obligation where the law requires it.

5. Service Providers

We rely on outside providers to run the Services. Each handles limited information on our behalf, under its own privacy policy:

Website hosting — serves the site and receives standard web request data.
Database, sign-in and realtime infrastructure — stores accounts, content, messages, moderation records, points and analytics.
Network and edge services — deliver getflyer.app, Smart Links, link previews and share images.
Merch checkout — our merch partner runs checkout, payment, shipping and taxes as the seller of record. We do not receive your card details. Orders are handled under the partner's own terms and privacy policy.
Location lookup — derives an approximate city and country from an IP address, where Sections 2.2 and 2.3 describe.
Session analytics — records how pages are used, only with Allow all.
AI services — classify short excerpts for moderation when our own checks cannot decide, translate a flight when you ask, and create images from artwork prompts. For moderation, only the excerpt and its category are sent, never your handle, email or password.
Music services — supply song details for Smart Links.
Avatars, fonts and code libraries — delivered by outside networks, which receive the request for those files.

When a flight includes a link, our servers fetch that page's title and image to show a preview. The linked site sees a request from us, not from you.

We do not control these providers and are not responsible for their independent practices. We share only what each needs to do its job.

6. We Do Not Sell Your Information

We do not sell your personal information, and we do not share it for cross-context behavioural advertising, as those terms are defined under the California Consumer Privacy Act as amended. We do not rent, trade or transfer your information to others for their own marketing.

We honour the Global Privacy Control signal: if your browser sends it, full analytics stay off unless you choose Allow all.

7. When We May Disclose Information

We may disclose information where we believe in good faith that it is reasonably necessary to:

comply with any applicable law, regulation, subpoena, court order or lawful governmental request;
enforce our Terms and Conditions, including investigating potential violations;
detect, prevent or address fraud, abuse, security incidents or technical problems;
protect the rights, property or safety of the Company, our users, or the public;
establish, exercise or defend legal claims.

We may also disclose or transfer information in connection with a merger, acquisition, financing, reorganization or sale of assets, in which case this Policy will continue to apply or you will be told about any successor policy.

8. Cookies, Local Storage and Your Choices

We use cookies and browser storage in three groups:

Essential — keeps the site working and keeps you signed in to FLY(er)™. Always on.
Functional — remembers your settings and preferences, such as which view you last used.
Analytics — the full analytics described in Section 2.3.

The first time you visit, a small notice lets you choose Allow all, Functional only or Block all:

Allow all turns on everything above.
Functional only keeps the site fully working with the anonymous visit count only.
Block all turns off all analytics, including the anonymous count. Only what is strictly needed to run the site stays on, so your settings will not be remembered and some features may reset on each visit.

If you have not made a choice: in the European Union, the European Economic Area, the United Kingdom and Switzerland, only the anonymous visit count runs until you choose Allow all. Elsewhere, full analytics run until you choose otherwise.

We do not use advertising cookies. Clearing your browser storage signs you out and resets your choice.

9. How Long We Keep It

Account, profile, content and messages — until you delete your account
Moments — shown for 24 hours
Smart Links and their visit statistics — while the link remains active
Track requests — until the request is fulfilled or removed
Site analytics — only as long as useful for understanding how the Services are used
Records of cookie choices — as long as needed to show what was chosen
Session tokens — until they expire or you sign out
Rate limiting records — a few days
Moderation logs — up to about 120 days, except items awaiting review
Strike records — up to about 400 days, so enforcement windows work
Ban records — indefinitely, so bans stay effective
Email subscriptions — until you unsubscribe

Automated processes remove expired records on a regular basis. Where we must keep information longer for legal, security or enforcement reasons, we may do so.

10. Deleting Your Account

You may delete your account at any time from within the FLY(er)™ network. Deletion removes your profile, flights, replies, likes, follows, points and streaks.

Deletion is permanent. We cannot restore a deleted account, its handle, its content or its points.

Deletion does not reach copies made by others. Anything already screenshotted, quoted, shared, archived or indexed elsewhere is outside our control.

Smart Links created without an account are not tied to any account. We may keep ban and enforcement records linked to a removed account where needed to keep an enforcement action effective.

11. Your Rights

Depending on where you live, you may have the right to access the personal information we hold about you, to correct it, to delete it, to receive a copy in a portable format, to restrict or object to certain processing, and to withdraw consent.

You also have the right not to be treated differently for exercising any of these rights.

To make a request, use the contact in Section 16. We may need to confirm the request comes from the account holder before acting, and we will respond within the time required by applicable law. Most information you can reach directly: your content and profile can be edited, your cookie choice can be changed at any time, and your account can be deleted at any time.

12. Children

The Services are not directed to children under 13, and we do not knowingly collect information from them.

If we learn or reasonably suspect that an account belongs to a person under 13, the account and its data will be deleted without notice. If you believe a child under 13 has given us information, contact us using Section 16 and we will act promptly.

13. Security

We take reasonable measures to protect information, including hashing passwords and recovery PINs rather than storing them in readable form, using server-issued session tokens, enforcing access rules in the database itself, applying rate limits, and running moderation and ban enforcement at the server so it cannot be bypassed from a browser.

Direct messages are protected by these same access rules, but they are not end-to-end encrypted.

No method of transmission or storage is completely secure. We cannot guarantee absolute security, and you use the Services at your own risk. You are responsible for keeping your password and recovery PIN confidential and for all activity under your account. Tell us immediately about any suspected unauthorized access.

14. International Users

The Services are operated from the United States, and our providers may process and store information in the United States and other countries.

If you use the Services from outside the United States, your information will be transferred to, stored and processed in the United States and possibly elsewhere, where data protection laws may differ from those where you live.

15. Changes to This Policy

We may update this Policy at any time. Changes take effect when posted with a revised "Last updated" date. Your continued use of the Services after that date means you accept the updated Policy.

16. Contact

For privacy requests, access or deletion requests, or questions about this Policy:

callas.felines_26@icloud.com

Jöí Fabü · Stadium Status Records · FLY(er)™

These Terms and Conditions ("Terms") are a binding legal agreement between you and Jöí Fabü, together with Stadium Status Records and their respective owners, officers, affiliates, licensors, agents and representatives (collectively, "we," "us," "our," or the "Company"), governing your access to and use of iamjoifabu.com, the FLY(er)™ network, FLY(er) Smart Links at getflyer.app, the merch store, and every application, tool, module, feature and service made available through them (collectively, the "Services").

PLEASE READ SECTION 18 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

1. Acceptance of Terms

By accessing, browsing, registering for, or using any part of the Services, you accept these Terms in full. If you do not agree, you must not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization.

We may revise these Terms at any time. Revisions take effect when posted with an updated "Last updated" date. Your continued use after that date constitutes acceptance. It is your responsibility to review these Terms periodically.

2. Eligibility and Age Requirement

You must be at least 13 years of age, or the minimum age of digital consent in your jurisdiction if higher, to create an account, send messages, or submit any content.

Registration by or on behalf of any person under 13 is unauthorized and violates these Terms. If we learn or reasonably suspect that an account belongs to a person under 13, that account and all associated data will be permanently deleted without notice.

We assume no liability for misrepresentations about age, identity, authority or eligibility. You agree to indemnify and hold us harmless against any claim arising from false statements made during registration or use.

3. Intellectual Property

3.1 Ownership

All material comprising or displayed on the Services — including sound recordings, musical compositions, lyrics, artwork, photography, video, design, layout, typography, graphics, illustrations, icons, logos, trade dress, trade names, trademarks, service marks, text, documentation, databases, data structures, source code, object code, scripts, algorithms, user interfaces, and the selection, arrangement and organization of all of the foregoing — is owned by or licensed to Jöí Fabü and Stadium Status Records and is protected by United States and international copyright, trademark, trade dress, patent, database and other intellectual property laws.

3.2 Marks

FLY(er)™, Stadium Status Records, Jöí Fabü, the crown device, and all associated names, logos, wordmarks, product names, feature names and slogans are trademarks or trade dress of the Company, whether registered, pending or asserted at common law. Nothing in these Terms grants any right or license to use them. You may not use, imitate, adapt, or register any confusingly similar mark, name, handle, domain, or trade dress in any jurisdiction.

3.3 Software, Tools and Modules

All software, tools, applications, modules, engines and interfaces made available through the Services — including the FLY(er)™ network client, Smart Links, Clip Studio and all other creative tools, editors, generators, players, games, moderation systems, and any successor, variant or derivative of them — are proprietary works of the Company, licensed and not sold.

You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use them for personal, non-commercial purposes, strictly in accordance with these Terms.

3.4 Prohibited Use

Except as a feature of the Services expressly allows (for example, sharing a link, a Smart Link, or a clip you made with Clip Studio as described in Section 3.6), you may not, and may not permit or enable any third party to:

reproduce, duplicate, copy, distribute, publicly perform, publicly display, broadcast, transmit, sell, resell, rent, lease, sublicense or otherwise exploit any part of the Services;
modify, adapt, translate, or create derivative works from any part of the Services;
reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, structure or organization from any part of the Services, except to the extent this restriction is prohibited by applicable law;
remove, obscure or alter any copyright, trademark or proprietary notice;
use any robot, spider, scraper, crawler, headless browser or automated means to access, monitor, index, copy or extract any portion of the Services or their underlying data;
access the Services through any interface other than those we provide, or interact directly with any backend, database or application programming interface except as expressly permitted;
use any content, output, design, code or feature to develop, train, benchmark or improve any competing product, service, dataset or machine learning model;
circumvent, disable or interfere with any security, authentication, rate limiting, moderation or access control measure;
use the Services for any commercial purpose without prior express written authorization.

3.5 Music and Media Playback

Audio and video playback is provided solely for personal, non-commercial enjoyment through the players on the Services. No download, capture, rip, re-broadcast, synchronization, sampling, remix or public performance right is granted, except the limited permission for Clip Studio clips in Section 3.6.

3.6 Tool Output

Clip Studio. Clips you create with Clip Studio may be kept and posted to your own personal social media accounts, such as TikTok, Instagram Reels and YouTube Shorts, for non-commercial purposes, with the music unaltered. You may not sell a clip, use it in advertising, or use the music in it for any other purpose. We may withdraw this permission for any clip or any user at any time.

Artwork generation. Images you create may be used for your own personal, non-commercial purposes. Generated images are produced by an automated service; we make no promise that they are unique or free of third-party rights, and you use them at your own risk.

Everything else. You are responsible for anything you supply to a tool and for how you use the result. The Company asserts no ownership over content you owned before supplying it, and retains all rights in the tools themselves, in every template, asset, effect, graphic, layout and branding element it supplies, and in any Company mark appearing in the output. You are solely responsible for holding the rights in anything you supply and for any infringement arising from your use of any output.

4. Accounts

4.1 Registration

Certain features, including the FLY(er)™ network, require an account. You agree to provide accurate information, to keep your credentials confidential, and to be solely responsible for all activity under your account.

4.2 Handles

Handles are licensed, not owned. We may reserve, withhold, reclaim, rename or reassign any handle at any time and for any reason, including handles that are inactive, impersonating, infringing, offensive, misleading, confusingly similar to a Company mark, or acquired for resale. Handles may not be sold, traded, transferred or squatted.

4.3 Private Accounts

You may make your account private so that only followers you approve can see your flights. Approved followers can still copy or share what they see, and a private account does not make anything confidential. Your handle, profile picture and similar basic details may remain visible.

4.4 Verification and Badges

Verified status is granted at our sole discretion, is reserved for notable people and public figures, and cannot be bought. Verification and any badge may be granted, changed or removed at any time, and they indicate status only, not endorsement.

4.5 Security

You must notify us immediately of any unauthorized access or use. We are not liable for any loss arising from unauthorized use of your account. We may suspend or terminate any account we reasonably believe to be compromised.

4.6 Termination

We may suspend, restrict, disable or permanently delete any account, and remove any content, at our sole discretion, with or without cause, and with or without notice. You may delete your own account at any time through the Services.

Termination does not entitle you to any refund, compensation, restoration of content, points, achievements, unlocks or any other item, and creates no obligation of appeal or review.

5. User Content

5.1 Your Responsibility

"User Content" means anything you post, send, upload or display through the Services, including flights, replies, Moments, direct messages, community notes, reports, handles, profile details, biographies, location, Charter names and descriptions, Smart Links, track requests and media.

You are solely and entirely responsible for your User Content. We do not endorse, adopt, verify or assume responsibility for any User Content, and it does not reflect our views.

5.2 License You Grant

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual and irrevocable license to host, store, cache, reproduce, adapt, modify, reformat, translate, excerpt, publish, publicly perform, publicly display, distribute and create derivative works from that User Content, in any media now known or later developed, for the purposes of operating, promoting, improving and marketing the Services.

Direct messages are excluded from promotional use. We use them only to deliver them and for safety, moderation and legal purposes.

This license survives termination of your account for User Content that has been shared with others or incorporated into the Services.

5.3 Your Warranties

You represent and warrant that you own or control all rights needed to grant the license above; that your User Content does not infringe, misappropriate or violate any third party's intellectual property, privacy, publicity or other rights; and that your User Content complies with these Terms and all applicable laws.

5.4 Prohibited Content

You may not post, send or make available any content that:

is unlawful, or promotes, facilitates or instructs any unlawful act;
harasses, bullies, threatens, intimidates, stalks or targets any person;
constitutes hate speech, or attacks or demeans any person or group on the basis of race, ethnicity, national origin, religion, disability, disease, age, sex, gender, gender identity or sexual orientation;
is defamatory, libelous, or knowingly false;
is sexually explicit, pornographic, or sexualizes any minor in any manner;
depicts, promotes or glorifies violence, self-harm, suicide, disordered eating, or abuse;
infringes any copyright, trademark, trade secret, patent, right of privacy or right of publicity;
contains malware, spyware, exploits, or any code intended to disrupt, damage or gain unauthorized access;
constitutes spam, chain messaging, pyramid schemes, unauthorized advertising or solicitation;
impersonates any person or entity, or misrepresents your affiliation with any person or entity;
discloses another person's private or identifying information without consent, including a precise address as a location;
is otherwise objectionable in our sole judgment.

5.5 Charters

If you create a Charter, you are responsible for its name, description and how you run it, in addition to these Terms. We may rename, restrict or remove any Charter at any time.

5.6 Reports and Community Notes

Reports and community notes must be made in good faith. Knowingly false, abusive or coordinated reports or notes violate these Terms.

5.7 No Obligation to Monitor

We have no obligation to monitor User Content, but we reserve the absolute right to review, screen, refuse, edit, mask, restrict, hide, remove, delete or disable access to any User Content at any time, for any reason, without notice and without liability. Any decision is final and creates no right of appeal or explanation.

6. Moderation and Enforcement

The Services use automated and manual moderation, including automated and AI-assisted classification, filtering, masking, rate limiting, reports, strike accrual, suspension, removal, and blocking of accounts, devices and network addresses. Moderation applies to all User Content, including handles, locations and Charter names.

You acknowledge that automated systems are imperfect and may act on, restrict or remove content or accounts in error, and that we bear no liability for any such action or omission. Moderation outcomes, strike records, thresholds and enforcement decisions are made at our sole discretion, and we are not obliged to disclose our methods, word lists, thresholds or reasoning.

We may permanently ban any account, handle, device or network address, and may retain records of prior violations, including internet protocol addresses and timestamps, for enforcement purposes.

Nothing in this section obliges us to take any moderation action, and our failure to act in any instance does not waive our right to act in any other.

7. Points, Ranks and Virtual Items

Points, streaks, check-ins, ranks, achievements, unlocks, avatars, companions, badges, invite rewards, statuses and any similar item (collectively, "Virtual Items") are a revocable license to a feature of the Services. They are not property, have no monetary value, are not currency, cannot be purchased, sold, traded, transferred, gifted, redeemed, exchanged or cashed out, and confer no ownership right of any kind.

We may create, modify, adjust, devalue, reset, suspend, remove or discontinue any Virtual Item, threshold, reward or associated feature at any time, for any reason, without notice, compensation or liability. We may correct, revoke or reverse any Virtual Item obtained through error, exploitation, automation, multiple accounts or violation of these Terms.

Virtual Items are forfeited on termination of your account for any reason.

8. Acceptable Use of the Services

You agree not to:

interfere with, disrupt, overload or impair the Services or any network, server or infrastructure connected to them;
attempt to gain unauthorized access to any account, system, data or portion of the Services;
probe, scan or test the vulnerability of any system, or breach any security or authentication measure;
use the Services, including direct messages, to send unsolicited communications or to harvest data about other users;
create accounts by automated means, or create multiple accounts to evade restriction, moderation, rate limiting or a ban, or to gain points or rewards;
impose an unreasonable or disproportionately large load on the infrastructure;
use the Services in violation of any applicable law, regulation or sanctions programme.

We may investigate and take any legal or technical action we consider appropriate in response to any suspected violation, including reporting to law enforcement.

9. Third-Party Services and Links

The Services contain links, embeds, integrations and redirects to third-party platforms, including streaming services, social networks, our merch partner, and infrastructure and hosting providers.

We do not control, endorse, verify or assume responsibility for any third-party platform, its content, availability, accuracy, security, policies, terms or fulfilment practices. Any transaction or interaction with a third party is solely between you and that third party, and is governed by its own terms and privacy policy.

10. Smart Links

Smart Links are free, public pages that point to music on third-party services. They can be created with or without an account, and anyone with the address can view them.

You may create Smart Links only for music you have the right to share a link to. Linking to music does not grant you any right in it.
Views and taps are counted and may be shown to the link's creator.
Addresses are licensed, not owned. We may change, reclaim or retire any address, and may edit, disable or remove any Smart Link at any time.
Song details, artwork and streaming links come from third-party services, and we do not guarantee that they are accurate, complete or available.
Certain features and styles may be available only to registered FLY(er)™ members.

11. Merchandise

Merch shown on the Services is sold through our merch partner, which acts as the seller of record and handles checkout, payment, taxes, printing, shipping, returns and customer service under its own terms and policies. By placing an order you agree to those terms.

Prices, products, offers and availability may change or end at any time. Promotions such as free shipping apply only as stated at the time of the offer. Product images are illustrations, and colours and placement may vary slightly.

12. Privacy and Data

How we collect, use and share information, including analytics and your cookie choices, is described in our Privacy Policy, which forms part of these Terms.

Content you post publicly is public. The FLY(er)™ network is public by default. You should have no expectation of privacy in anything you post publicly, and it may be viewed, copied, indexed, quoted, screenshotted, shared or archived by others and by automated systems beyond our control.

We may preserve and disclose any information where we believe in good faith that doing so is necessary to comply with law or legal process, to enforce these Terms, to respond to claims, or to protect the rights, property or safety of any person.

13. Copyright Complaints

We respect intellectual property rights and expect users to do the same. If you believe material accessible through the Services infringes your copyright, you may submit a written notice containing the information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), using the contact in Section 21.

We may remove or disable access to allegedly infringing material and may terminate, in appropriate circumstances, the accounts of users we determine to be repeat infringers.

Knowingly submitting a materially false notice may make you liable for damages under 17 U.S.C. § 512(f).

14. Evolving Features

The Services are under continuous development. Features may be added, changed, restricted or removed at any time without notice, and some may be experimental, incomplete or discontinued entirely.

We have no obligation to maintain, support, update, or provide backward compatibility for any feature, and no obligation to preserve, migrate or export any data or content.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY CONTENT, MESSAGE OR DATA WILL BE PRESERVED, BACKED UP OR RECOVERABLE; THAT ANY TRANSLATION OR AUTOMATED OUTPUT WILL BE ACCURATE; OR THAT MODERATION WILL IDENTIFY OR PREVENT ANY PARTICULAR CONTENT OR CONDUCT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, JÖÍ FABÜ, STADIUM STATUS RECORDS, OR ANY OF THEIR OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, REPUTATION OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).

This limitation applies without limitation to any loss arising from: content or messages sent by other users; moderation action or inaction; account suspension, termination or deletion; loss or deletion of content, messages, data or Virtual Items; service interruption or discontinuation; unauthorized access; merch orders handled by our merch partner; or reliance on any content available through the Services.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In such cases our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company, Jöí Fabü, Stadium Status Records, and their owners, officers, employees, agents, partners, licensors and representatives from and against any claim, demand, action, proceeding, loss, liability, damage, cost or expense, including reasonable attorneys' fees, arising out of or relating to:

your access to or use of the Services;
your User Content, including Smart Links and messages;
your use of any tool output;
your violation of these Terms;
your violation of any law or of any right of any third party;
any misrepresentation made by you, including as to age or identity.

We may assume exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate with that defence.

18. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution. Before starting any proceeding, you agree to first contact us and attempt to resolve the dispute informally for at least sixty (60) days.

18.2 Binding Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding individual arbitration administered in the State of California under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small claims court.

18.3 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

18.4 Jury Trial Waiver. You and we each waive any right to a trial by jury.

18.5 Opt-Out. You may opt out of this Section 18 by sending written notice within thirty (30) days of first accepting these Terms, using the contact in Section 21, stating your handle and your intent to opt out. Opting out does not affect any other provision.

18.6 Injunctive Relief. Notwithstanding the above, we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or to prevent unauthorized access to the Services.

18.7 Time Limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

19. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of California, United States, without regard to conflict of law principles. Subject to Section 18, you consent to the exclusive jurisdiction and venue of the state and federal courts located in California.

You are responsible for compliance with the laws of your own jurisdiction, and the Services are not intended for use where doing so would be unlawful.

20. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior understandings.

Severability. If any provision is held unenforceable, it shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall remain in full force.

No Waiver. No failure or delay in exercising any right constitutes a waiver of it.

Assignment. You may not assign or transfer these Terms or any rights under them. We may assign them freely, including in connection with any merger, acquisition, financing or sale of assets.

Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages, infrastructure or third-party provider failures, cyber incidents, labour disputes, or governmental action.

Survival. Sections 3, 5, 7, 12, 15, 16, 17, 18, 19 and 20 survive termination.

Headings. Headings are for convenience only and do not affect interpretation.

Reservation of Rights. All rights not expressly granted are reserved.

21. Contact

For notices required under these Terms, including copyright complaints under Section 13 and arbitration opt-out under Section 18.5:

callas.felines_26@icloud.com

Jöí Fabü · Stadium Status Records · FLY(er)™

Stadium Status Records

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