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Date last modified:? August 2, 2006
Fanspot is a social networking service that allows members to create unique
personal profiles online in order to reflect their passion for sports. The
Services offered by Fanspot ("Fanspot" or "we") include
the Fanspot Website (the "Website"), the Fanspot instant messenger,
and any other features, content, or applications offered from time to time
by Fanspot in connection with the Website (collectively, the "Services").
This Agreement sets out the legally
binding terms of use of the Web site and your membership in the Service and
may be modified by Fanspot at any time and without prior notice, such modifications
to be effective upon posting by Fanspot on the Web site. This Agreement includes
Fanspot's acceptable use policy for content posted on the web site, Fanspot's
Privacy Policy, and any notices regarding the Web site.
- Eligibility. Use of and Membership in the Services is void
where prohibited. By using the Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; (c) you are
14 years of age or older; and (d) your use of the Services does not
violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while
you use the Services or are a Member. You may terminate your Membership
at any time, for any reason, by contacting us at privacy@fanspot.com.
Fanspot reserves the right, in its sole discretion, to restrict, suspend,
or terminate your access to all or any part of the Services at any time,
for any or no reason, with or without prior notice, and without liability.
Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
- Fees. You acknowledge that Fanspot reserves the right to charge
for the Services and to change its fees from time to time in its discretion.
If Fanspot terminates your Membership because you have breached the Agreement,
you shall not be entitled to the refund of any unused portion of subscription
fees.
- Password. When you sign up to become a Member, you will also be
asked to choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify Fanspot immediately if
you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
- Proprietary Rights in Content on Fanspot.
- By displaying or publishing ("posting") any Content, messages,
text, files, images, photos, video, sounds, profiles, works of authorship,
or any other materials (collectively, "Content") on or through
the Services, you hereby grant to Fanspot, a non-exclusive, fully-paid
and royalty-free, worldwide license (with the right to sublicense through
unlimited levels of sub licensees) to use, copy, modify, adapt, translate,
publicly perform, publicly display, store, reproduce, transmit, and distribute
such Content on and through the Services. This license will terminate
at the time you remove such Content from the Services. Notwithstanding
the foregoing, a back-up or residual copy of the Content posted by you
may remain on the Fanspot servers after you have removed the Content from
the Services, and Fanspot retains the rights to those copies. You represent
and warrant that: (i) you own the Content posted by you on or through
the Services or otherwise have the right to grant the license set forth
in this section, and (ii) the posting of your Content on or through the
Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree to pay for
all royalties, fees, and any other monies owing any person by reason of
any Content posted by you to or through the Services.
- The Services contain Content of Fanspot ("Fanspot Content").
Fanspot Content is protected by copyright, trademark, patent, trade secret
and other laws, and Fanspot owns and retains all rights in the Fanspot
Content and the Services. Fanspot hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the Fanspot Content
(excluding any software code) solely for your personal use in connection
with viewing the Website and using the Services.
- The Services contain Content of Users and other Fanspot licensors. Except
for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Services.
- Content Posted.
- Please choose carefully the information you post on Fanspot and that
you provide to other Users. ?You are solely responsible for the Content
that you post on or through any of the Services, and any material or information
that you transmit to other Members and for your interactions with other
Users.
- Fanspot does not endorse and has no control over the Content.? Content
is not necessarily reviewed by Fanspot prior to posting and does not necessarily
reflect the opinions or policies of Fanspot. Fanspot makes no warranties,
express or implied, as to the Content or to the accuracy and reliability
of the Content or any material or information that you transmit to other
Members. If at any time Fanspot chooses, in its sole discretion, to monitor
the Services, Fanspot assumes no responsibility for the Content, no obligation
to modify or remove any inappropriate Content, and no responsibility for
the conduct of the User submitting any such Content. ?Please note that
information provided by other Fanspot Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services.? If you become aware of misuse
of the Services by any person, please contact privacy@fanspot.com or click on
the "Report Inappropriate Content" link at the bottom of any
Fanspot page.
- Content/Activity Prohibited. The following is a partial list of
the kind of Content that is illegal or prohibited to post on or through
the Services. Fanspot reserves the right to investigate and take appropriate
action against anyone who, in Fanspot's sole discretion, violates this provision.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of Fanspot:
- telephone numbers or street addresses
- is patently offensive to the online community, such as
Content that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual; ?
- is lewd, obscene, excessively violent, harassing, sexually
explicit or otherwise objectionable subject matter
- photographs that contain nudity
- provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
- promotes information that you know is false or misleading or promotes
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging or "spamming";
- contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
- furthers or promotes any criminal or illegal activity or enterprise
or provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial
or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
- includes a photograph of another person that you have posted without
that person's consent; or
- Copyright Policy. You may not post, modify, distribute, or reproduce
in any way any copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the owner
of such proprietary rights. It is the policy of Fanspot to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of
others upon receipt of prompt notification to Fanspot by the copyright owner
or the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Services in
a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you claim
is infringing is located on the Website; (iv) your address, telephone number,
and email address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (vi) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. Fanspot's
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Copyright Agent, Fanspot, Inc. 15850 Dallas Parkway,
Dallas, Texas 75248.
- Member Disputes. You are solely responsible for your interactions
with other Fanspot Members. Fanspot reserves the right, but has no obligation,
to monitor disputes between you and other Members.
- Privacy. Use of the Services is also governed by our Privacy Policy,
which is incorporated into this Agreement by this reference.
- Disclaimers. Fanspot is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Services provided,
whether caused by Users of the Services or by any of the equipment or programming
associated with or utilized in the Services. Profiles created and posted
by Members on Fanspot may contain links to other websites. Fanspot is not
responsible for the Content, accuracy or opinions expressed on such websites,
and such websites are in no way investigated, monitored or checked for accuracy
or completeness by Fanspot. Inclusion of any linked website on Fanspot does
not imply approval or endorsement of the linked website by Fanspot. When
you access these third party sites, you do so at your own risk. Fanspot
takes no responsibility for third party advertisements which are posted
on this Website or through the Services, nor does it take any responsibility
for the goods or services provided by its advertisers. Fanspot is not responsible
for the conduct, whether online or offline, of any User of the Services.
Fanspot assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Fanspot is not responsible for any problems
or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of
any email or players due to technical problems or traffic congestion on
the Internet or on any of the Services or combination thereof, including
any injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with
the Services. Under no circumstances shall Fanspot be responsible for any
loss or damage, including personal injury or death, resulting from use of
the Services, attendance at a Fanspot event, from any Content posted on
or through the Services, or from the conduct of any Users of the Services,
whether online or offline. The Services are provided "AS-IS" and
as available and Fanspot expressly disclaims any warranty of fitness for
a particular purpose or non-infringement. Fanspot cannot guarantee and does
not promise any specific results from use of the Services.
- Limitation on Liability. Except in jurisdictions where such
provisions are restricted, in no event will Fanspot be liable to you or
any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from your
use of the Web site or the Service, even if Fanspot has been advised of
the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Fanspot's liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to Fanspot for the Service during the term of
membership.
- Disputes. If there is any dispute about or involving the Services,
you agree that the dispute shall be governed by the laws of the State of
Texas without regard to conflict of law provisions and you agree to personal
jurisdiction by and venue in the state and federal courts of the State of
Texas, City of Dallas. Either Fanspot or you may demand that any dispute
between Fanspot and you arising out of this Agreement must be settled by
arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA) in Dallas, Texas.
- Indemnity. You agree to indemnify and hold Fanspot, its subsidiaries,
and affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
of the Services in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties
set forth above and/or if any Content that you post on the Website or through
the Services causes Fanspot to be liable to another.
- No Agency. There is no agency, partnership, joint
venture, employee-employer or franchisor-franchisee relationship between
Fanspot and any User of the Service.
- Other. This Agreement, accepted upon use of the Web
site and further affirmed by becoming a Member of the Service, contains
the entire agreement between you and Fanspot regarding the use of the Web
site and/or the Service. The failure of Fanspot to exercise or enforce any
right or provision of these Terms of Service shall not constitute a waiver
of such right or provision. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
The section titles in these Terms of Service are for convenience only and
have no legal or contractual effect.
Please contact us at: Contact privacy@fanspot.com
with any questions regarding this Agreement.
Fanspot is a service mark of Beckett Media LP.
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