Welcome to the Fan Appz., Inc. (“FA” or “Fan Appz” or “we” or “us”) site at http://apps.facebook.com/fanappz (the “Website”).
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING, USING AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE “TERMS” OR THIS “AGREEMENT”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.
Products, Content and Specifications: All features, content, specifications, products, services, and prices of products and services, including but not limited to digital goods, described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time.
Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable, and may have different attributes than those listed on the Website. In addition, changes may be made to information about price and availability without notice.
GENERAL USE PROVISIONS
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or ‚ÄúContent‚Äù), are provided either by Fan Appz or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Fan Appz and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Fan Appz and/or a Third Party Provider. Also, you may not “mirror” or ‚Äúarchive‚Äù any Materials contained on the Website on any other server without Fan Appz‚Äôs prior express written permission.
Except where expressly provided otherwise by Fan Appz, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Fan Appz‚Äôs intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” section below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Fan Appz. Fan Appz does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Fan Appz. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
From time to time, Fan Appz may advertise or promote promotions sponsored by its Third Party Providers, including, but not limited to sweepstakes and contests (‚ÄúPromotions‚Äù). Fan Appz is not the sponsor of Promotions, and is not responsible or liable for the Promotions. In using the Website, and accepting the Terms, you agree that Fan Appz is not the sponsor of any Promotions advertised or promoted on the Website, unless specifically designated as a Fan Appz Promotion. You further agree that Fan Appz is not liable for any claim, cause of action or damages related to or resulting from the Promotion. The sponsor of each Promotion advertised or promoted on the Website is identified in the Official Rules of that Promotion. Fan Appz makes no representations or warranties as to the Promotions.
PURCHASE OF DIGITAL GOODS
Fan Appz, and its Third Party Providers, offers for sale certain digital goods, which may be purchased through the Website, or through Third Party Providers‚Äô websites. These digital goods are digital representations only, and do not constitute tangible goods (‚ÄúDigital Goods‚Äù). The purchase of Digital Goods allows you to email the Digital Goods to another Website user. The cost of sending Digital Goods to more than one person is subject to increase. The costs of Digital Goods are as reflected on the Website on the date of purchase, and is subject to change. Digital Goods are not returnable, nor exchangeable. All sales of Digital Goods are final. In the event you encounter technical difficulties with the purchase or transmission of Digital Goods, Fan Appz will provide technical support, once contacted at email@example.com.
PURCHASE OF SUBSCRIPTION SERVICES
Fan Appz offers a paid subscription for the Website services, on a monthly basis (“Subscription Services”). Details of the cost of the Subscription Services, and more information regarding the nature of the Subscription Services, may be found in the Manage Subscription area of the Fan Appz Page Admin Menu or for Fan Tabz located at http://fanappz.com/fantabz. You will be charged for each month you subscribe to the Subscription Services, until you terminate the subscription. You may terminate the Subscription Services by visiting the Manage Subscription area of the Fan Appz Page Admin Menu or for Fan Tabz by clicking the “Unsubscribe” link next to your Facebook Page name on your Fan Tabz homepage. If you terminate your Subscription Service in the middle of a month of service, you will be billed for the total amount of the month and will not be billed for a subsequent month unless you re-initiate the Subscription Services.
BILLING AND PAYMENT
To the extent you purchase any goods and/or services, including Digital Goods, from Fan Appz, you agree to pay for all goods and services ordered from Fan Appz and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of Fan Appz. You will provide Fan Appz with valid and updated credit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit card or other authorized payment method information to Fan Appz, you authorize Fan Appz, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If Fan Appz, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Fan Appz will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due within thirty (30) days of the date of the invoice.
LINKS TO THIRD PARTY SITES
The Website may contain links or have references to websites controlled by parties other than Fan Appz. Fan Appz is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Fan Appz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fan Appz of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Fan Appz. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Except where expressly provided otherwise by Fan Appz, all comments, feedback, information and data submitted to Fan Appz through, in association with or in regard to the Website and/or any other Fan Appz goods or services (“Submissions”) shall be considered non-confidential and Fan Appz‚Äôs property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Fan Appz sees fit and to make compilations and derivative works thereof in all media now known or hereafter devised. By providing such Submissions to Fan Appz, you agree to assign to Fan Appz, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions except as expressly enumerated in the preceding sentence. Fan Appz shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Fan Appz, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Fan Appz does not accept Submissions from persons under the age of 14 (“Child” or “Children”). Furthermore, Fan Appz does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Fan Appz all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, Fan Appz reserves the right to cancel or suspend your account. Furthermore, Fan Appz reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Fan Appz for improper purposes, or any purpose inconsistent with its business.
COMPLIANCE WITH FACEBOOK, INC.’S TERMS
By using the Fan Appz site, you agree that you will also comply with Facebook, Inc.’s Statement of Rights and Responsibilities, which may be found at http://www.facebook.com/home.php#/terms.php.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FAN APPZ, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. FAN APPZ HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FAN APPZ MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS, IMAGES OR DATA CONTAINED ON THE WEBSITE, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. FAN APPZ DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. YOUR USE OF THE INFORMATION OR CONTENT IS AT YOUR OWN RISK AND YOU EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH USING THE INFORMATION OR CONTENT.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FAN APPZ EXCEED $1,000.00. IN NO EVENT SHALL FAN APPZ OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED ‚ÄúINDEMNITIES‚Äù.
LICENSES FROM FAN APPZ
You are being granted solely a revocable, limited license, in compliance with these terms.
LICENSES FROM CUSTOMER
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Agreement. Fan Appz warrants that it will provide the Website and all goods and services in a manner consistent with generally accepted industry standards. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, FAN APPZ AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES. FAN APPZ AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FAN APPZ AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER FAN APPZ NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. FAN APPZ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FAN APPZ, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. FAN APPZ EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
You shall defend and indemnify Fan Appz and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against Fan Appz or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Fan Appz shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Fan Appz controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You further agree that you will not post any Submissions that violate the intellectual property rights of a third party.
Fan Appz may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in Fan Appz‚Äôs account information, or by written communication sent by first class mail or pre-paid post to your address on record in Fan Appz’s account information. You may give notice to Fan Appz at any time by letter sent by confirmed facsimile to Fan Appz, fax number [(415) 840-0444] or by letter delivered by registered mail with return receipt to: Fan Appz, 1419 2nd Street, Santa Monica CA 90401. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, Fan Appz complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to Fan Appz designated agent via email at firstname.lastname@example.org or via registered US mail sent return receipt to: DMCA Compliance Agent, 1419 2nd Street, Santa Monica CA 90401.
Any action related to this Agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and to arbitration as stated herein. At the request of Fan Appz, any controversy or claim related to this Agreement (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of Fan Appz, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Fan Appz to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.
This Agreement represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Fan Appz reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute Your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Fan Appz and you as a result of these Terms or use of the Website. You may not assign this Agreement without the prior written approval of Fan Appz. Any purported assignment in violation of this section shall be void. Fan Appz reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Fan Appz.
DIGITAL GOODS SALES POLICIES
All sales of Digital Goods are final. If you have technical issues related to the delivery of your purchased digital goods, please contact email@example.com.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Fan Appz.
FAN APPZ, FAN APPZ and DESIGN, the Fan Appz logo and/or other Fan Appz identifiers referenced herein are trademarks of Fan Appz and/or its affiliates, and may be registered in certain jurisdictions.
Copyright © 2012 Fan Appz., Inc. 1419 2nd Street, Santa Monica CA 90401. All rights reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact our Customer Service Department. (firstname.lastname@example.org).