More Deleted History -- FanLib's TOS, 1 May 2007 Edition
Note that the raw file was rather online-unfriendly. I added spaces and tags to best duplicate the appearance of the original document here. If anyone wants the raw file I copy/pasted from the FanLib site, holler and I'll e-mail it.
Angie
==================
TERMS OF SERVICE
I. USING THE WEBSITE
Section 1. Terms of Service
These Terms of Service ("TOS") constitute a binding agreement between You and FanLib, Inc. ("we," "us," or "FanLib") who bring You this site (the "Website"). Your use of the Website is subject to the terms and conditions set forth herein as well as the Privacy Policy at http://www.fanlib.com/privacyPolicy.do. Any new features added to the Website shall also be subject to these TOS. By registering for the Website, You agree that You have read, understand and agree to be legally bound by these TOS. We may modify or amend these TOS from time to time by posting an amended TOS on the Website which will become effective immediately upon posting. Notices of such changes will posted on the Website homepage for no less than forty-eight (48) hours. Your continued use of the Website following such changes will constitute your acceptance of the amended TOS. If You have questions regarding these TOS, please contact FanLib at support@fanlib.com. These TOS are effective as of May 1, 2007.
Section 2. Accounts: Members
In order to access and use the Website, You must be at least 13 years of age, and You must become an authorized user ("Member") by completing the Website registration process. You agree that (a) the information You provide is true, accurate, current and complete, and (b) You will maintain and promptly update the information to keep it true, accurate, current and complete. You will receive a password and account ("Account") upon completing the registration process. You are solely responsible for maintaining the confidentiality of Your password and Account. As a Member, You should understand that You are responsible for the activities associated with any other person accessing the Website via Your Account which could ultimately affect Your Account, and, in cases of abuse or misuse, could lead to other remedies against You, including but not limited to termination of Your Account.
Section 3. Privacy
Certain information about You is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.fanlib.com/privacyPolicy.do. Notwithstanding the foregoing, FanLib reserves the right at all times to disclose any information as FanLib deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FanLib's sole discretion. You understand and agree that the Website Privacy Policy, including FanLib's enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon You or any other person. We may change our Privacy Policy from time to time and our changes are effective upon the posting of those changes on the Website (in such an event, a notice will be posted on the Website homepage for no less than forty-eight (48) hours).
II. PROPRIETARY RIGHTS
Section 1. FanLib's Intellectual Property Rights
FanLib claims no ownership or control over Your Submissions. You retain all of Your ownership rights in Your Submissions. However, by submitting the Submissions to FanLib, You hereby grant FanLib a non-exclusive, worldwide, and royalty-free license to use, reproduce, distribute, and display the Submissions in connection with the Website. FanLib may prepare derivative works from Your Submissions solely for the purpose of promoting and showcasing them in connection with the Website. FanLib shall not make any use of your Submissions or exercise any of the rights to Your Submissions granted to it hereunder other than in connection with the Website. This license is transferable only in the event of a sale or merger of FanLib, and only to the other Company involved in the transaction. You also hereby grant each user of the Website a non-exclusive license to access Your Submissions through the Website, and to use, distribute, and display such Submissions as permitted through the functionality of the Website and under these TOS. The foregoing licenses granted by You terminate once You remove or delete a Submission from the Website.
You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them. In connection with Submissions, You affirm, represent, and/or warrant that You own or have the necessary rights or permissions, either from third parties, or through an ultimate determination of fair use under copyright law, as applicable, to use and authorize FanLib to use the Submissions in the manner contemplated by the Website and these TOS.
The Website may now or in the future permit the submission of text, graphics, photos, sounds, videos or other communications submitted by You and other Members ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, FanLib does not guarantee any confidentiality with respect to any Submissions.
FanLib does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and FanLib expressly disclaims any and all liability in connection with Submissions. FanLib does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FanLib reserves the right to block or remove all Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. FanLib reserves the right to block or remove Content and Submissions without prior notice. FanLib also reserves the right to terminate a Member's access to its Website, if he/she is determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than twice and/or has had a Submission removed from the Website more than twice. FanLib also reserves the right to decide whether Content or a Submission is appropriate and complies with these TOS for violations other than violations of intellectual property law. FanLib may remove such Submissions and/or terminate a Member's access for uploading such material in violation of these TOS at any time, without prior notice and at its sole discretion.
Section 2. Reporting Alleged Copyright Infringements
Pursuant to federal law, FanLib has set up a system under which anyone who believes that their copyrighted material is being infringed on the Website may provide us with notice. In order to do so, please see our notification procedures at http://www.fanlib.com/cms.do?page=dmca.htm or contact FanLib's designated Copyright Agent at dmca@fanlib.com.
III. FEATURES; TERMINATION
Section 1. Service Features
You acknowledge FanLib's ability to add and remove features from the Website at any time, in its sole discretion, with or without notice or consent. Moreover, You acknowledge that FanLib may establish or change general practices and limits concerning use of the Website, including bandwidth and storage restrictions. You agree that FanLib has no responsibility or liability for the deletion or failure to store any messages and other communications or other materials maintained or transmitted by FanLib on Your behalf. You agree that FanLib shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website or any other Provider service.
Section 2. Terminating Your Relationship with FanLib.
Either You or FanLib may end this relationship, and thus Your ability to use the Website at any time. You understand and agree that cancellation is Your sole right and remedy with respect to any dispute with FanLib. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of the TOS or FanLib's enforcement or application thereof; (2) any policy or practice of FanLib, including the Website Privacy Policy, or FanLib's enforcement or application of these policies; or (3) Your ability to access and/or use the Website. Members may cancel their Account by emailing a cancellation request to support@fanlib.com. Cancellation requests must originate from the email address on Your Account as of the time of the request. FanLib shall have no obligation to maintain any content or to forward any unread or unsent messages to You or any third party.
Section 3. Default
Without limiting other remedies, FanLib may, in its discretion, issue a warning, suspend or terminate Your Account, or otherwise refuse to provide services to You if FanLib has reason to believe that any material information provided to FanLib is untrue, inaccurate, not current or incomplete or if You breach this Agreement. TERMINATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND YOU ACKNOWLEDGE THAT FANLIB IS NOT RESPONSIBLE FOR STORING YOUR DATA AFTER THE DATE OF TERMINATION.
IV. ACCEPTABLE USE POLICY
Section 1. Introduction
All Members of the Website are expected to use it responsibly and in accordance with the acceptable use policy set forth in this TOS. If FanLib becomes aware of violations or potential violations of the TOS, FanLib will take whatever measures it deems necessary to stop or prevent those violations, including the actions described in this section. In particular, failure to observe the requirements set forth in this TOS can result in anything from a warning to suspension or termination of Your Account. Decisions of FanLib in this regard are in FanLib's sole discretion and are final. Violation of the TOS may subject the Member to international, federal, and/or state civil and/or criminal liability. FanLib will, where appropriate, attempt to refer actual or potential violations of laws to the proper authorities, and fully cooperate with authorities in the investigation of any suspected criminal or civil wrong. FanLib assumes no obligation to inform a Member in the event that the above-mentioned referral or cooperation has been provided and, in some cases, may be prohibited by law from providing such notice. Any party seeking to report a violation of this TOS may do so by sending an e-mail to support@fanlib.com.
Section 2. Information Control and Content.
We do not control the information provided by other Members which is made available through any Member's Account. You may have a risk of dealing with underage persons or people acting under false pretense. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials residing on the Website ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not FanLib are entirely responsible for any Submissions (defined below) that You post, email, upload, transmit or otherwise make available via Your Account. FanLib does not control the Content posted by Members on the Website and, as such, does not guarantee the accuracy, integrity, legality or quality of such Content. You understand that by using our services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FanLib be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. FanLib reserves the right, but has no obligation, to remove Content that, in FanLib's sole determination, does not meet its standards or does not comply with FanLib's current TOS. FanLib shall not be responsible for any failure or delay in removing or limiting access to such Content.
Section 3. Inappropriate Uses
The Website must not be used: (1) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortuous, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another's privacy; (2) to conduct any activity that is a violation of any local, state or federal law or to request unlawful services or materials; (3) harm minors in any way; (4) impersonate any person or entity, including, but not limited to, any employee or representative of FanLib, or to falsely state or otherwise misrepresent Your affiliation with a person or entity; (5) store, publish, distribute, or otherwise disseminate child pornography or similar material; (6) in the furtherance of any activity, that infringes (directly or indirectly) upon the intellectual property or proprietary rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents; (7) to engage in fraudulent, deceptive or otherwise wrongful activities; including identity theft and promoting pyramid/Ponzi schemes or similar activities; (8) to promote, run, disseminate or in any way facilitate viruses, worms, or Trojan horse software programs or code;(9) to interfere with any other party's use and enjoyment of the Website; (10) in any way that deliberately degrades or disables the Website or any other computer system or to prevent or impede the delivery of any data; (11) to gain or attempt to gain unauthorized entry to any site, network, or host, or to scan, probe, monitor or other perform other information gathering associated with such activity (including using the Website to guess passwords); (12) make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Website or elsewhere; or (13) to export encryption or other regulated software over the Internet or otherwise, to points outside the United States in violation of US law.
Section 4. Other Prohibited Activities
Any activity that You engage in that facilitates the violation of this TOS by any other party constitutes a violation of this TOS by You. You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as set forth in the following: http://www.treas.gov/ofac and http://www.bis.doc.gov/DPL/thedeniallist.asp . You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
V. CONTENT
Section 1. Content Ownership; License
The content on the Website, except all Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("FanLib Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FanLib, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. FanLib Content on the Website is provided to You AS IS for Your information and personal use only and, except as may be expressly contemplated through the use of this Website, may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FanLib reserves all rights not expressly granted in and to the Website and the FanLib Content. You agree to not engage in the use, copying, or distribution of any of the FanLib Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If You download or print a copy of the FanLib Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any FanLib Content or enforce limitations on use of the Website or the FanLib Content therein.
Section 2. Links
FanLib may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FanLib has no control over such sites and resources, You acknowledge and agree that FanLib is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FanLib shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
VI. WARRANTY AND LIMITATION OF LIABILITY
You expressly understand and agree that:
1) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2) FANLIB MAKES NO WARRANTY THAT (A) USING THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANLIB OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR OF DAMAGES, FANLIB'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 6 MAY NOT APPLY TO YOU.
VII. INDEMNIFICATION
You agree to defend, indemnify and hold harmless FanLib, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these TOS; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and Your use of the Website.
VIII. ARBITRATION
Any legal controversy or legal claim arising out of or relating to this TOS or Provider services, excluding legal action taken by FanLib to collect our fees and/or recover damages for, or obtain an injunction relating to FanLib or the Website operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, FanLib wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. FanLib may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights pending the completion of arbitration. Should You file an action contrary to this provision, FanLib may recover from You our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOS must be filed by You within six (6) months after such claim or cause of action arose or be forever barred. Not withstanding anything else to the contrary in this TOS, FanLib shall always have and retain the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
IX. MISCELLANEOUS
Section 1. Choice of Law, Compliance with Applicable Laws
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts-of-law rules, govern the TOS and Your Account. Member conduct may be subject to other local, state, national, and international laws. These TOS, together with thePrivacy Policy at http://www.fanlib.com/privacyPolicy.do and any other legal notices published by FanLib on the Website, shall constitute the entire agreement between You and FanLib concerning the Website. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any term of this these TOS shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. YOU AND FANLIB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 2. Notice to California Members
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights contact information:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Service Provider:
FanLib, Inc.
445 South Beverly Drive
First Floor
Beverly Hills, California 90212
Angie
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TERMS OF SERVICE
I. USING THE WEBSITE
Section 1. Terms of Service
These Terms of Service ("TOS") constitute a binding agreement between You and FanLib, Inc. ("we," "us," or "FanLib") who bring You this site (the "Website"). Your use of the Website is subject to the terms and conditions set forth herein as well as the Privacy Policy at http://www.fanlib.com/privacyPolicy.do. Any new features added to the Website shall also be subject to these TOS. By registering for the Website, You agree that You have read, understand and agree to be legally bound by these TOS. We may modify or amend these TOS from time to time by posting an amended TOS on the Website which will become effective immediately upon posting. Notices of such changes will posted on the Website homepage for no less than forty-eight (48) hours. Your continued use of the Website following such changes will constitute your acceptance of the amended TOS. If You have questions regarding these TOS, please contact FanLib at support@fanlib.com. These TOS are effective as of May 1, 2007.
Section 2. Accounts: Members
In order to access and use the Website, You must be at least 13 years of age, and You must become an authorized user ("Member") by completing the Website registration process. You agree that (a) the information You provide is true, accurate, current and complete, and (b) You will maintain and promptly update the information to keep it true, accurate, current and complete. You will receive a password and account ("Account") upon completing the registration process. You are solely responsible for maintaining the confidentiality of Your password and Account. As a Member, You should understand that You are responsible for the activities associated with any other person accessing the Website via Your Account which could ultimately affect Your Account, and, in cases of abuse or misuse, could lead to other remedies against You, including but not limited to termination of Your Account.
Section 3. Privacy
Certain information about You is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.fanlib.com/privacyPolicy.do. Notwithstanding the foregoing, FanLib reserves the right at all times to disclose any information as FanLib deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FanLib's sole discretion. You understand and agree that the Website Privacy Policy, including FanLib's enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon You or any other person. We may change our Privacy Policy from time to time and our changes are effective upon the posting of those changes on the Website (in such an event, a notice will be posted on the Website homepage for no less than forty-eight (48) hours).
II. PROPRIETARY RIGHTS
Section 1. FanLib's Intellectual Property Rights
FanLib claims no ownership or control over Your Submissions. You retain all of Your ownership rights in Your Submissions. However, by submitting the Submissions to FanLib, You hereby grant FanLib a non-exclusive, worldwide, and royalty-free license to use, reproduce, distribute, and display the Submissions in connection with the Website. FanLib may prepare derivative works from Your Submissions solely for the purpose of promoting and showcasing them in connection with the Website. FanLib shall not make any use of your Submissions or exercise any of the rights to Your Submissions granted to it hereunder other than in connection with the Website. This license is transferable only in the event of a sale or merger of FanLib, and only to the other Company involved in the transaction. You also hereby grant each user of the Website a non-exclusive license to access Your Submissions through the Website, and to use, distribute, and display such Submissions as permitted through the functionality of the Website and under these TOS. The foregoing licenses granted by You terminate once You remove or delete a Submission from the Website.
You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them. In connection with Submissions, You affirm, represent, and/or warrant that You own or have the necessary rights or permissions, either from third parties, or through an ultimate determination of fair use under copyright law, as applicable, to use and authorize FanLib to use the Submissions in the manner contemplated by the Website and these TOS.
The Website may now or in the future permit the submission of text, graphics, photos, sounds, videos or other communications submitted by You and other Members ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, FanLib does not guarantee any confidentiality with respect to any Submissions.
FanLib does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and FanLib expressly disclaims any and all liability in connection with Submissions. FanLib does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FanLib reserves the right to block or remove all Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. FanLib reserves the right to block or remove Content and Submissions without prior notice. FanLib also reserves the right to terminate a Member's access to its Website, if he/she is determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than twice and/or has had a Submission removed from the Website more than twice. FanLib also reserves the right to decide whether Content or a Submission is appropriate and complies with these TOS for violations other than violations of intellectual property law. FanLib may remove such Submissions and/or terminate a Member's access for uploading such material in violation of these TOS at any time, without prior notice and at its sole discretion.
Section 2. Reporting Alleged Copyright Infringements
Pursuant to federal law, FanLib has set up a system under which anyone who believes that their copyrighted material is being infringed on the Website may provide us with notice. In order to do so, please see our notification procedures at http://www.fanlib.com/cms.do?page=dmca.htm or contact FanLib's designated Copyright Agent at dmca@fanlib.com.
III. FEATURES; TERMINATION
Section 1. Service Features
You acknowledge FanLib's ability to add and remove features from the Website at any time, in its sole discretion, with or without notice or consent. Moreover, You acknowledge that FanLib may establish or change general practices and limits concerning use of the Website, including bandwidth and storage restrictions. You agree that FanLib has no responsibility or liability for the deletion or failure to store any messages and other communications or other materials maintained or transmitted by FanLib on Your behalf. You agree that FanLib shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website or any other Provider service.
Section 2. Terminating Your Relationship with FanLib.
Either You or FanLib may end this relationship, and thus Your ability to use the Website at any time. You understand and agree that cancellation is Your sole right and remedy with respect to any dispute with FanLib. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of the TOS or FanLib's enforcement or application thereof; (2) any policy or practice of FanLib, including the Website Privacy Policy, or FanLib's enforcement or application of these policies; or (3) Your ability to access and/or use the Website. Members may cancel their Account by emailing a cancellation request to support@fanlib.com. Cancellation requests must originate from the email address on Your Account as of the time of the request. FanLib shall have no obligation to maintain any content or to forward any unread or unsent messages to You or any third party.
Section 3. Default
Without limiting other remedies, FanLib may, in its discretion, issue a warning, suspend or terminate Your Account, or otherwise refuse to provide services to You if FanLib has reason to believe that any material information provided to FanLib is untrue, inaccurate, not current or incomplete or if You breach this Agreement. TERMINATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND YOU ACKNOWLEDGE THAT FANLIB IS NOT RESPONSIBLE FOR STORING YOUR DATA AFTER THE DATE OF TERMINATION.
IV. ACCEPTABLE USE POLICY
Section 1. Introduction
All Members of the Website are expected to use it responsibly and in accordance with the acceptable use policy set forth in this TOS. If FanLib becomes aware of violations or potential violations of the TOS, FanLib will take whatever measures it deems necessary to stop or prevent those violations, including the actions described in this section. In particular, failure to observe the requirements set forth in this TOS can result in anything from a warning to suspension or termination of Your Account. Decisions of FanLib in this regard are in FanLib's sole discretion and are final. Violation of the TOS may subject the Member to international, federal, and/or state civil and/or criminal liability. FanLib will, where appropriate, attempt to refer actual or potential violations of laws to the proper authorities, and fully cooperate with authorities in the investigation of any suspected criminal or civil wrong. FanLib assumes no obligation to inform a Member in the event that the above-mentioned referral or cooperation has been provided and, in some cases, may be prohibited by law from providing such notice. Any party seeking to report a violation of this TOS may do so by sending an e-mail to support@fanlib.com.
Section 2. Information Control and Content.
We do not control the information provided by other Members which is made available through any Member's Account. You may have a risk of dealing with underage persons or people acting under false pretense. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials residing on the Website ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not FanLib are entirely responsible for any Submissions (defined below) that You post, email, upload, transmit or otherwise make available via Your Account. FanLib does not control the Content posted by Members on the Website and, as such, does not guarantee the accuracy, integrity, legality or quality of such Content. You understand that by using our services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FanLib be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. FanLib reserves the right, but has no obligation, to remove Content that, in FanLib's sole determination, does not meet its standards or does not comply with FanLib's current TOS. FanLib shall not be responsible for any failure or delay in removing or limiting access to such Content.
Section 3. Inappropriate Uses
The Website must not be used: (1) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortuous, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another's privacy; (2) to conduct any activity that is a violation of any local, state or federal law or to request unlawful services or materials; (3) harm minors in any way; (4) impersonate any person or entity, including, but not limited to, any employee or representative of FanLib, or to falsely state or otherwise misrepresent Your affiliation with a person or entity; (5) store, publish, distribute, or otherwise disseminate child pornography or similar material; (6) in the furtherance of any activity, that infringes (directly or indirectly) upon the intellectual property or proprietary rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents; (7) to engage in fraudulent, deceptive or otherwise wrongful activities; including identity theft and promoting pyramid/Ponzi schemes or similar activities; (8) to promote, run, disseminate or in any way facilitate viruses, worms, or Trojan horse software programs or code;(9) to interfere with any other party's use and enjoyment of the Website; (10) in any way that deliberately degrades or disables the Website or any other computer system or to prevent or impede the delivery of any data; (11) to gain or attempt to gain unauthorized entry to any site, network, or host, or to scan, probe, monitor or other perform other information gathering associated with such activity (including using the Website to guess passwords); (12) make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Website or elsewhere; or (13) to export encryption or other regulated software over the Internet or otherwise, to points outside the United States in violation of US law.
Section 4. Other Prohibited Activities
Any activity that You engage in that facilitates the violation of this TOS by any other party constitutes a violation of this TOS by You. You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as set forth in the following: http://www.treas.gov/ofac and http://www.bis.doc.gov/DPL/thedeniallist.asp . You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
V. CONTENT
Section 1. Content Ownership; License
The content on the Website, except all Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("FanLib Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FanLib, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. FanLib Content on the Website is provided to You AS IS for Your information and personal use only and, except as may be expressly contemplated through the use of this Website, may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FanLib reserves all rights not expressly granted in and to the Website and the FanLib Content. You agree to not engage in the use, copying, or distribution of any of the FanLib Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If You download or print a copy of the FanLib Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any FanLib Content or enforce limitations on use of the Website or the FanLib Content therein.
Section 2. Links
FanLib may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FanLib has no control over such sites and resources, You acknowledge and agree that FanLib is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FanLib shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
VI. WARRANTY AND LIMITATION OF LIABILITY
You expressly understand and agree that:
1) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2) FANLIB MAKES NO WARRANTY THAT (A) USING THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANLIB OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR OF DAMAGES, FANLIB'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 6 MAY NOT APPLY TO YOU.
VII. INDEMNIFICATION
You agree to defend, indemnify and hold harmless FanLib, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these TOS; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and Your use of the Website.
VIII. ARBITRATION
Any legal controversy or legal claim arising out of or relating to this TOS or Provider services, excluding legal action taken by FanLib to collect our fees and/or recover damages for, or obtain an injunction relating to FanLib or the Website operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, FanLib wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. FanLib may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights pending the completion of arbitration. Should You file an action contrary to this provision, FanLib may recover from You our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOS must be filed by You within six (6) months after such claim or cause of action arose or be forever barred. Not withstanding anything else to the contrary in this TOS, FanLib shall always have and retain the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
IX. MISCELLANEOUS
Section 1. Choice of Law, Compliance with Applicable Laws
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts-of-law rules, govern the TOS and Your Account. Member conduct may be subject to other local, state, national, and international laws. These TOS, together with thePrivacy Policy at http://www.fanlib.com/privacyPolicy.do and any other legal notices published by FanLib on the Website, shall constitute the entire agreement between You and FanLib concerning the Website. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any term of this these TOS shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision. YOU AND FANLIB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 2. Notice to California Members
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights contact information:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Service Provider:
FanLib, Inc.
445 South Beverly Drive
First Floor
Beverly Hills, California 90212