Terms of Use


FANSAVED.COM

Terms of Use 

 

Last updated: [April 10, 2017]

 

 

  1. Acceptance of Terms.

By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use.  FanSaved recommends that you print out a copy of these Terms of Use for your future reference (however, see Supplement or Modification of Terms of Use, below).  

 

  1. Supplement or Modification of Terms of Use.

From time to time, FanSaved may supplement these Terms of Use with additional terms that pertain to the Service or otherwise, such as new or expanded services, products and features.  You understand and agree that such additional terms, including the terms of the Payment Agreement (as defined below), are hereby incorporated by reference into these Terms of Use.  FanSaved may also modify these Terms of Use from time to time.    Your continued use of the Site after the posting of the modified Terms of Use constitutes your agreement to abide and be bound by them, as modified.  If you object to any modification, your sole recourse is to terminate your use of the Site and the Service.  FanSaved recommends that you check the Site from time to time to inform yourself of any changes in these Terms of Use or any of FanSaved’s other policies. IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS SITE OR THE SERVICE.

 

  1. Registration.

All visitors to the Site, whether registered or not, are “Users.” If you register with FanSaved you become a “Member” and gain access to certain features, including the ability to support certain Programs and/or Campaigns (as defined below) on the Site and interact with other Members about the Shows.

 

You do not have to register in order to visit the Site.  To access certain features of the Site, though, including posting, commenting on, following, contributing funding for a Show you will need to register with FanSaved and create a Member account.  Your registration gives you access to the services and functionality that we may establish and maintain from time to time in our sole discretion.  When creating your account, you must provide and maintain accurate, complete and updated information, including, but not limited to your name, birthdate, gender and country.  Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your FanSaved account.  When you register as a Member of FanSaved, you will be asked to use a valid email address and to select a password or use a valid Facebook, Twitter or Google+ log in.  Any information you provide to us as part of the registration process will be subject to our Privacy Policy which is available at www.fansaved.com/info/privacy-policy.

 

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify FanSaved immediately of any breach of security or unauthorized use of your account.  Although FanSaved will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of FanSaved or others due to such unauthorized use.  You shall never use another User’s account without such other User’s express permission.  You will immediately notify FanSaved in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

 

You may use your settings to control your account and the information that is communicated to you about your account. By providing FanSaved your email address or Facebook, Twitter or Google+ log in information, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. 

 

  1. Eligibility.

Each Member represents and warrants that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.  Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. 

 

Users who are children and young people older than 13 are entitled to access this Site to view its content.  However, certain parts of the Site (e.g., those containing adult language and/or content) may be unsuitable for younger viewers.  FanSaved does not knowingly market to, solicit information, accept service or collect information from children under the age of 13.  If the Company becomes aware that it inadvertently received personal information from a visitor under the age of 13 on the Site, we will delete the information from our records.

 

  1. Rules and Conduct.

As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms of Use.  For purposes of these Terms of Use, the term “Content” includes, without limitation, any User Submissions (as defined below), moving visual content in any form including, without limitation, film, video tape, digital files, animation and clips, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features and any other work protected by copyright, in all cases, generated by any means and in any format or medium, including any modifications thereof made accessible on or through the Site.

 

You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, you specifically agree that you will not:

  • violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance;
  • infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or;
  • post information on or download information from the Site unless you have all rights and authority necessary to do so;
  • post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, false, misleading, untruthful or inaccurate or other Content or information that FanSaved in its sole discretion views as objectionable to the Site, including but not limited to text, graphics, audio and video files.;
  • post any Content that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spam”);
  • interfere with, modify or bypass FanSaved’s use of advertisements or ad serving systems;
  • conduct any commercial activities and/or sales without FanSaved’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site or obtain unauthorized access to any system, data, password or other information of FanSaved or any third party;
  • interfere or attempt to interfere with the proper working of the Service or Site or any activities conducted on the Site;
  • use a username (or e-mail address) that: is already being used by someone else; belongs to another person; or may or does impersonate another person or entity, including any employee or representative of FanSaved or any Member;
  • use a social media account that belongs to another person; or may or does impersonate another person or entity, including any employee or representative of FanSaved or any Member;
  • impose or may impose (as determined by FanSaved in its sole discretion) an unreasonable or disproportionately large load on FanSaved’s (or its third party providers’) infrastructure;
  • bypass any measures FanSaved may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
  • collect or harvest any personally identifiable information, including account information, from the Site or uses the communication systems provided by the Site for any commercial solicitation purposes;
  • distribute on or through this Site any Content containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of FanSaved;
  • launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the FanSaved servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; or
  • post third party surveys or contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.

 

You are solely responsible for the Content that you upload, publish, display, link to or otherwise make available on the Site.  You must be the owner of all the Intellectual Property Rights (as defined below) in the Content you post, or have explicit permission from the owner(s) of all such rights to post the Content on the Site. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Content.

 

For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

FanSaved does not guarantee that any Content will be made available on the Site or through the Service.  FanSaved has no obligation to monitor the Site, Service, or Content.  However, FanSaved reserves the right to remove, edit or modify any Content in its sole discretion, from the Site at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if FanSaved is concerned that you may have violated the Terms of Use), or for no reason at all.

 

We may allow Users to post feedback, comments, questions, and other information on certain areas of the Site.  Any such postings, together with any information provided by the Users about the Shows and Campaigns (as defined below), constitute “User Submissions.” FanSaved takes no responsibility and assumes no liability for any User Submissions that you or any other Users or third parties post on the Site.  You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility.  FanSaved is not responsible for any public display or misuse of your User Submissions.  You are solely responsible for your interactions with other Users.  We reserve the right, but have no obligation, to monitor disputes between you and other Users.

 

Excepting any limitations imposed by applicable law, Users shall not, by either direct or indirect means, (i) decompile, decipher, reverse engineer, disassemble, or otherwise attempt to derive any source code, algorithms or underlying ideas; (ii) create derivative works of any part of the Service or Site, such as through modification or translation, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights received hereunder.  Users shall abide by all applicable local, state, national and international laws and regulations.

 

FanSaved does not endorse any User Submissions or any opinions, recommendations or advice expressed in Content on the Site.  FanSaved expressly disclaims any and all liability in connection therewith.  FanSaved has no obligation to and may not monitor the Site, Content, or User Submissions.  In no event, will FanSaved be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content.  Consequently, FanSaved does not guarantee the quality, accuracy or integrity of the Content posted.  Since standards may vary by community and individuals sometimes choose not to comply with our policies and practices, you may be exposed to Content that you find offensive or objectionable.  In the event that we choose not to remove Content you find objectionable, you have the right to refrain from using any part of the Site with which you are uncomfortable.  If you are exposed to such Content, please contact FanSaved at [email protected] so that we may investigate and take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content, terminating memberships or determining that no action need be taken. 

 

 

 

  1. License; Intellectual Property Rights.

FanSaved further provides Users with the ability to add, create, upload, submit, distribute, collect, or post User Submissions or other information to the Site.

 

  1. By submitting User Submissions on the Site or otherwise through the Service, you:

 

(i): Acknowledge and agree that you may be identified publicly by your User ID in association with any published User Submission;

 

(ii) Understand and acknowledge that submitting any User Submission to the Site shall constitute the publication of such User Submissions;

 

(iii) Agree that the act of submitting any User Submissions through the Site or the Service shall grant FanSaved a non-exclusive, royalty-free, , perpetual, worldwide, irrevocable, sub-licensable and transferable license to use, modify, edit, distribute, reproduce, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and FanSaved’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites) now know or hereinafter developed;

 

(iv) Acknowledge and agree that the act of submitting any User Submissions through the Site or the Service shall simultaneously grant of the Site and/or the Service a non-exclusive perpetual, worldwide, irrevocable license to access your User Submissions through the Site and the Service, and to use, modify, edit, distribute, reproduce, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For the avoidance of doubt, the foregoing license grant to FanSaved does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;

 

(v) Acknowledge and agree that FanSaved may use and publish, and to permit others to use and publish, your name(s), likenesses, and personal and biographical materials in connection with the provision of the Site and/or Service; and

 

(vi) Represent and warrant, and can demonstrate to FanSaved’s full satisfaction upon request that you (1) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain; (2) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above; (3) you are authorized to grant all of the aforementioned rights to the User Submissions to FanSaved and all Users.

 

  1. You agree that FanSaved’s and or other exploitation of User Submissions as contemplated by these Terms of Use will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

 

  1. You understand that FanSaved shall have the right to delete, edit, modify, reformat, excerpt, or translate any User Materials or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that FanSaved will not be liable for any errors or omissions in any content; and that FanSaved cannot guarantee the identity of any other Users or Members with whom you may interact in the course of using the Service and/or Site.

 

  1. You also Understand and agree that FanSaved does not endorse and has no control over any User Submission and cannot guarantee the authenticity of any information which Users or Members may provide about themselves. You acknowledge that all Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

 

  1. Fees.

Users do not incur any fees to become a Member.  However, FanSaved and related third parties charge fees for certain services and FanSaved reserves the right, in its sole discretion, to charge for any portion of the Site.  User will be subject to the terms of a payment click wrap agreement (“Payment Agreement”) provided by FanSaved at the time of purchase, which will govern the terms of any fees, payments made by User and escrow funds. 

 

As further described in the Payment Agreement, the fees FanSaved charges for its Service may change from time to time.  Users are solely responsible for educating themselves on any and all fees leveled by FanSaved.  To this end, FanSaved encourages Users to check back frequently for any changes made in FanSaved’s fee structure.  Users are solely responsible for the payment of any fees or taxes that attach to their activities and use of the Site or Service.

 

For more information about fees, please visit www.fansaved.com/info/fees

 

  1. Campaigns.

The Service provides Members the opportunity to attempt to revive cancelled Shows or encourage the release of Shows through alternative distribution channels by starting or joining a Campaign, demonstrating their support on the Site through various discussion boards.  In order to create a Campaign, you will need to complete a phone validation process. Your postings are Content and therefore subject to all the terms and conditions relating to Content in these Terms of Use.  It is a breach of these Terms of Use to post false or misleading information.  The Member that creates a Campaign (“Campaign Manager”) will be responsible for managing that Campaign.  In the event a Campaign Manager violates any policies of FanSaved, including these Terms of Use, an employee of FanSaved will be responsible for managing the Campaign thereafter, as determined by FanSaved in their sole discretion. The original Campaign Manager will be credited on the Site as starting that Campaign, but will not have any control over the Campaign.

 

The amount of efforts to revive a particular Show are determined by FanSaved, in its sole discretion.  FanSaved will not restrict the number of Shows that FanSaved will support.

 

  1. Supporting Campaigns.

Users, at their discretion, may support any Campaign that is posted on the Site.  There is no limit to the number of Campaigns to which a User can support.

 

Users, by agreeing to the Terms of Use, agree that supporting a Campaign or Show does not entitle them to any rights in or to that Show, including without limitation, any ownership, control, or distribution rights.  Users acknowledge and agree that nothing in this Agreement or otherwise limits FanSaved’s right to enter into agreements or business relationships relating to any Show.

 

FANSAVED DOES NOT CLAIM ANY OWNERSHIP OF OR ASSOCIATION WITH THE SHOWS OR OWNERS OF THE SHOWS; FANSAVED IS SIMPLY PROVIDING A PLATFORM FOR FANS TO JOIN TOGETHER TO SUPPORT A CERTAIN CAMPAIGN.  FANSAVED DOES NOT GUARANTEE THAT ANY SHOW WILL BE REVIVED OR DISTRIBUTED, OR THAT ANY ACTION WILL OCCUR AS A RESULT OF THE CAMPAIGNS OR EFFORTS ON THE SITE.

 

  1. Third Party Websites.

These Terms of Use apply only to the Site and the Service.  The Site may provide links to other websites and resources, the content and features of which may change over time.  Because FanSaved has no control over such third-party sites and resources, you acknowledge and agree that FanSaved is not responsible for the availability of such websites 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 websites or resources. 

 

Separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via such third-party sites.  Please also note that registration and certain other information about you are subject to the privacy policy posted at the website on which you are providing your information.  Please read that website’s privacy policy for information on how your data will be handled.

 

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND RESOURCES.

 

  1. Personal Information and Privacy.

We respect your privacy and the protection of your personally identifiable information.  In the course of your use of the Site or the Service, you may be asked to provide certain personalized information to us.  Our information collection and use policies with respect to the privacy of such information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes.  We encourage you to read the Privacy Policy which is available at www.fansaved.com/info/privacy-policy, and to use it to help make informed decisions.  You acknowledge and agree that you are solely responsible for the accuracy and content of information you provide.

 

  1. Taxes and Compliance. 

Users are solely responsible for paying any and all applicable taxes for all contributions paid under this Agreement and complying with any and all applicable international and national, federal and state tax laws.  Members and Campaign Managers, other than the Company, will not receive financial compensation, and any contributions to support a Show (“Contribution”) is not tax-deductible unless otherwise indicated.  Users shall indemnify, defend and hold FanSaved harmless from any liability for, or assessment of, any claims or penalties with respect to withholding taxes, including any liability for, or assessment of, withholding taxes imposed on FanSaved by the relevant taxing authorities with respect to any funding paid.

 

FanSaved makes no representations or guarantees regarding the number or amount of Contributions made under this Agreement.

 

  1. Advertising Revenue.

Advertisements may be run on the Site and may be sold and served by FanSaved or any of its advertising partners.  FanSaved retains the right to serve advertisements on any page within the Site, Service, or other websites and any related products that either FanSaved or its advertising partners sell.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. FanSaved will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. 

  1. Termination.

FanSaved may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

 

If FanSaved terminates your access, FanSaved reserves the right to: (a) delete any or all Content provided by you to the Site or the Service (b) discontinue your registration with the Site; (c) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) any other action which FanSaved deems to be appropriate.

 

If your ability to access the Site and/or the Service is discontinued by FanSaved then you agree that you shall not attempt to re-register with or access the Site and/or the Service through use of a different username or otherwise, and you acknowledge that you may not be entitled to receive a refund for fees related to the Service to which your access has been terminated .  Upon termination, you will be refunded the portion of the funds that you contributed that are apportioned to the escrow account, less any fees.  If you violate the immediately preceding sentence, FanSaved reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) - (d) of this Section without any notice or warning to you.

 

A Member may delete his/her account at any time though their Member account, however in order to permanently delete all account information from our servers you must send an email (including username and password) to [email protected]

 

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. System Outages.

FanSaved periodically schedules system downtime for maintenance and other purposes.  Unplanned system outages also may occur.  FanSaved has no liability whatsoever for: (a) the resulting unavailability of the Site or the Service; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.

 

  1. Disclaimer.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANSAVED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  FANSAVED DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SITE, SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.  FANSAVED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  YOU (AND NOT FANSAVED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability.

FANSAVED IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.

 

FANSAVED IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FANSAVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

  1. Indemnification.

You agree to defend, indemnify and hold each of FanSaved and its subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, and third-party content, distribution, advertising or other strategic partners harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of: (a) your use of and access to the Site or the Service; (b) your violation of any provision of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your Content caused damage to a third party.

 

  1. Trademarks.

FanSaved and FanSaved’s logo and other product and service names of FanSaved are trademarks of FanSaved (the “FanSaved Marks”)  You agree not to display, reproduce or otherwise use in any manner the FanSaved Marks without FanSaved’s prior written permission.

 

  1. Claims Of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by FanSaved infringe your copyright, you (or your agent) may send FanSaved’s designated copyright agent a notice requesting that the material be removed or access to it blocked by providing FanSaved’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the FanSaved to locate the material;
  • Information reasonably sufficient to permit a FanSaved representative to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you (or your agent) to send FanSaved’s copyright agent a counter-notice with the following information in writing (see 17 U.S.C 512(g)(3) for further detail): 

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which FanSaved may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person. 

 

If a counter-notice is received by our copyright agent, FanSaved may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FanSaved’s sole discretion.

Notices and counter-notices with respect to this website should be sent to FanSaved’s copyright agent:

FanSaved INC

101 California Street, Suite 2710

San Francisco, CA, 94111

E-mail: [email protected]

 

FanSaved suggests that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.  FanSaved will terminate a Member and a Member’s access to the Site or the Services if, under appropriate circumstances, the member is determined to be a repeat infringer.

 

 

  1. Users From Outside The United States.

By visiting the Site, submitting information or using the Site or Service, you acknowledge that you accept the practices and policies outlined in these Terms of Use and consent to having your data transferred to and processed in the United States.  If you do not agree to these Terms of Use, please do not use the Site or the Service.

 

The Site and the Service are controlled and operated by FanSaved from the United States.  FanSaved does not represent or warrant that the Site or the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Site or the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  You also are subject to United States export controls in connection with your use of the Site and/or the Service related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.  FanSaved may limit the availability of the Site or the Service, in whole or in part, to any person, geographic area or jurisdiction that FanSaved chooses, at any time and in FanSaved’s sole discretion. 

 

  1. Miscellaneous.  

A) Notices: Any notice or other communication required or permitted to be made under these Terms of Use shall be delivered by electronic means transmitted to the email address set forth (1) in the case of FanSaved, below, or (2) in the case of the User, the email address provided by the User upon registration.  Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form.  Either party may from time to time change its email address for receiving notices in writing, or its email address, in the case of FanSaved, by posting a change of address on the Site or, for either party, by sending a notice to the other party by electronic means promptly confirmed.  FanSaved also may transmit notices, messages or other matters of importance on the Site; such transmissions shall constitute notice to all Users.

B) Governing Law: These Terms of Use are governed and interpreted in accordance with the laws of the State of California and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.

 

C) Arbitration: THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms of Use or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of these Terms of Use.  The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.  Any in-person appearances requested by the arbitrator shall be held in the County of [San Francisco] in the State of California.  The arbitrator’s decision shall be based upon the substantive laws of the State of California without regard to its principles of conflicts of law.  Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.  The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.  The foregoing shall not preclude FanSaved from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in San Francisco County in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

D) No Rights of Third Parties: These Terms of Use do not create rights enforceable by third parties.

E) Other: These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without FanSaved’s prior express written consent.  FanSaved may assign, delegate and otherwise transfer any and all of its rights and obligations under these Terms of Use.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms of Use will remain binding upon the parties.  Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms of Use, together with all policies referred to herein, constitute the entire agreement between you and FanSaved with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and FanSaved regarding such subject matter.  Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

  1. Contacting FanSaved.

If you have any questions about FanSaved generally, these Terms of Use the Site or the Service, please feel free to contact FanSaved at:

FanSaved INC

101 California Street, Suite 2710

San Francisco, CA, 94111

USA

E-mail: [email protected]

 

  1. 24. Notice to California Residents.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

The provider of the website is:

FanSaved INC

101 California Street, Suite 2710

San Francisco, 94111, California

USA

 

To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, contact FanSaved via e-mail or telephone FanSaved at +1415-465-9557.  You may also contact the Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.