These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Web site located at http://www.fanthropic.com (the "Site") and the services and materials offered thereon (the "Service") which are made available to you by offered to you by 15 Seconds of Fame Live, LLC. (d/b/a) Fanthropic. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Site and the Service.
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the Site using a communications connection. As part of the Service, you will be provided with services that may include information, games, promotions, links to other Web sites and other computer services that Fanthropic may decide to offer, subject to the terms hereof. Certain elements of the Service, such as games or promotions, may be subject to terms and conditions in addition to this Agreement. Any such "operating rules" shall be posted on the portion of the Site and or Service to which they apply, and your use of such portion of the Site and/or Service shall constitute your agreement to be bound by such operating rules in addition to this Agreement. In the event of a conflict between this Agreement and the terms of any applicable operating rules, the terms of the operating rules shall govern to the extent of such conflict.
Fanthropic may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., mobile devices, computer types and operating systems), (iii) restricting the amount of use permitted, and/or (iv) restricting or terminating any user's right to use all or part of the Service, at any time in Fanthropic's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone and internet) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by Fanthropic and contains material that is derived in whole or in part from material supplied and owned by Fanthropic, its partners and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise expressly provided, you may not modify or prepare derivative works based on any material from the Service, including but not limited to code and software ("Material"). Fanthropic hereby grants each user of this Site and/or Service a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and/or Service, solely as described in this Agreement, any operating rules, or as expressly provided on the Site or the Services. You may also download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Fanthropic solely for the purposes permitted under this Agreement, and Fanthropic does not transfer title to any such Material to you. Any rights not expressly granted to you in this Agreement are expressly reserved by Fanthropic.
Should you have a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Fanthropic of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to help prevent fraud on your account by third parties.
Fanthropic may, in its sole discretion and subject to any applicable legal requirements, choose to send you e-mails on a variety of topics such as: (i) letting you know of problems with the site or with Services offered by Fanthropic; (ii) presenting you with information and/or feedback in connection with the site or with Services offered by Fanthropic, including without limitation, games and promotions; and presenting you with the opportunity to participate in games, contests, promotions, events or buy selected products and services. You may elect during registration not to receive these e-mails (or if a Canadian resident, and required by law, may opt-in to receive them), and you may stop receiving such e-mails at any time by clicking on the link to unsubscribe in any such email you recieve.
FANTHROPIC IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY ANY THIRD PARTY THAT IS REFERENCED OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SERVICE. FANTHROPIC DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, THE SITE, AND ANY THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANTHROPIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. FANTHROPIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANTHROPIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE, THE SITE, OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
IN NO EVENT SHALL FANTHROPIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FANTHROPIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FANTHROPIC SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICE.
You agree to defend, indemnify and hold harmless Fanthropic, its brand partners, charity partners, talent partners, and each of their respective parents, affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site and/or the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site and/or the Service, including the information obtained through the Site and/or the Service.
Fanthropic may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon written notice by you to Fanthropic of your intent to terminate this Agreement.
Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Fanthropic may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Fanthropic and its licensors, and you shall be refunded for any purchased plays remaining in your account, as applicable. The Disclaimer of Warranties, Limitation of Liability, and Indemnification provisions, as well as any license granted by you to Fanthropic in this Agreement shall survive any termination of this Agreement.
Fanthropic reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site or the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site or the Service, via e-mail or any other reasonable means. Continued use of the Site or the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Fanthropic to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Fanthropic. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Terms were last updated on November 27, 2017.
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