FanPal.com Terms of Service
By using the FanPal.com web site, you agree to be bound by the following Terms of Service. Please read this document carefully.Summary of Service Agreement:
A. You agree to provide true and correct information about yourself in the registration process.
B. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another.
C. You agree not to use the service for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of e-mail or for any commercial purposes.
D. You agree that FanPal.com is not responsible or liable for content posted on the service by third parties or members or the conduct of any member. Please contact us to report any violations of the Service Agreement by other members. Report violations using the Member Contact Page.
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
The FanPal.com service ("Service") is owned and operated by Windmill Books of Castleton-on-Hudson, NY, USA. The Service is provided to you under the terms and conditions of this Service Agreement (and any amendments thereto), as well as all FanPal.com operating rules and policies (referred to collectively as the "Agreement"). This Agreement applies to each service separately or collectively.
2.0 MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, noncurrent or incomplete, FanPal.com has the right to terminate your account and refuse any and all current or future use of the Service.
3.0 MEMBER INFORMATION & E-MAIL
FanPal.com considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. FanPal.com will not disclose such information to any third party without your consent, except that you agree FanPal.com may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that such content violates the rights of third-parties; (e) to protect the rights or interests of FanPal.com; or (f) to protect the rights or interests of FanPal.com users or others.
You understand and agree that FanPal.com may access the content of your account in order to identify and resolve technical problems or service complaints.
4.0 MODIFICATIONS TO SERVICE AGREEMENT
FanPal.com may change the Agreement from time to time. It is your responsibility to review the Terms of Service agreement and note any and all changes. Your continued use of the Service constitutes your acceptance of any such changes.
5.0 MODIFICATIONS TO SERVICE
FanPal.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that FanPal.com shall not be liable to you or any third party for any modification or discontinuance of the Service.
5.1 SUBSCRIPTION FEES AND PAYMENTS
You can always find the current Subscription Fees posted at http://www.fanpal.com/join.php. Your subscription will continue and renew automatically, unless terminated by FanPal.com or until you notify FanPal.com by e-mail or as designated on the site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process (or via your PayPal account) at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your FanPal.com account (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. FanPal.com may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your FanPal.com user ID and password will be billed to the credit card designated during the registration process for the site or subsequently designated by you to FanPal.com. If you want to designate a different credit card, or there is a change in credit card validity or expiration date, or if you believe someone has accessed the site using your FanPal.com user ID and password without your authorization, you must e-mail FanPal.com support. You also are responsible for any fees or charges incurred to access the site through an Internet access provider or other third party service. YOU, AND NOT FANPAL.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
5.2 FREE ACCOUNTS AND TRIALS
Free Accounts (memberships issued for an indefinite term without charge) and Free Trials (memberships issued for a limited time without charge) are special accounts overseen by the FanPal.com staff. These accounts are subject to suspension and/or termination at any time and for any reason with or without prior notification to the member. The duration of each free account or trial is at the sole discretion of FanPal.com.
6.0 MEMBER CONDUCT
You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other FanPal.com members.
6.1 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
6.2 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
6.3 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
6.4 You agree not to transmit "junk mail," "spam," "chain letters, " or unsolicited mass distribution of e-mail, or to use the Service for any commercial purposes.
6.5 You agree not to include in your public profile any telephone numbers, street addresses, URLs, e-mail addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Service that are accessible to the public or FanPal.com's general membership. FanPal.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
6.6 You agree not to impersonate any other person, including but not limited to any other member of FanPal.com or FanPal.com employee, while using the Service.
7.0 NO RESALE OF SERVICE
You agree not to resell the Service or use of or access to the Service.
You agree that FanPal.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that FanPal.com may immediately delete files in your account and bar any further access thereto.
8.1 FanPal.com shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
8.2 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue and terminate your membership with the Service; and (2) notify FanPal.com of termination by contacting us via the Member Contact Page.
9.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers, FanPal.com partners, Gift Store vendors or other third parties available on or linked through the Service, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party. FanPal.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold FanPal.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the FanPal.com site.
10.0 PROPRIETARY RIGHTS
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by FanPal.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by FanPal.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
10.1 You acknowledge and agree that any material you post in any areas on the Service that are accessible to the public or FanPal.com's general membership will be treated as non-confidential and non-proprietary and FanPal.com may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.
11.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through the Service are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permissible under applicable law, FanPal.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. FanPal.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. FanPal.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
12.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, FanPal.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that FanPal.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of FanPal.com's terms and conditions, your sole and exclusive remedy is to discontinue using FanPal.com.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
You agree to indemnify and hold FanPal.com and each of its stand-alone services, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.
Any notice to FanPal.com shall be made via e-mail or regular mail. FanPal.com may provide notices of changes to the Agreement or other matters by displaying notices to members generally on the Service, or via e-mail or regular mail.
The Agreement and the relationship between you and FanPal.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and FanPal.com agree to submit to the personal and exclusive jurisdiction of the State of New York for Rensselaer County or the United States District Court for the Northern District of New York. FanPal.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
It is our sincere hope that all visitors and members will find our web site to be a fun, engaging and secure environment in which to contact celebrities around the world. We invite you to take full advantage of the many useful features offered throughout our web site.