1. ACCESS TO THE SERVICES. The Fandeavor.com website and domain name, and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Fandeavor in connection therewith (collectively, the “Website” ) are owned and operated by Fandeavor. Subject to the terms and conditions of this Agreement, Fandeavor may provide certain services described on the Website that have been selected by you (together with the Website, the “Services”). The term “Services” also includes any service Fandeavor performs for you, including without limitation the online auction process available on the Website through which you can bid on exclusive fan experiences (“Experiences”), and the Content (as defined below) offered by Fandeavor on the Website. Fandeavor may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Fandeavor may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Fandeavor reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Each Experience may also be subject to additional terms and conditions. Please read any such additional terms and conditions carefully. By placing a bid on an Experience, you are bound by any such additional terms and conditions.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to Fandeavor that: (i) you are an individual (i.e., not a corporation) and you are at least 18 years of age or older; (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; and (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2. WEBSITE AND SERVICES CONTENT. The Services, and Content are intended solely for your personal, non-commercial use and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by intellectual property laws. You shall abide by all proprietary notices, rules, information, and restrictions contained in any Content, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. If you link to the Website, Fandeavor may revoke your right to so link at any time, at Fandeavor’s sole discretion. Fandeavor reserves the right to require prior written consent before linking to the Website.
Under no circumstances will Fandeavor 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Fandeavor’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Fandeavor; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Fandeavor reserves the right to remove any Content from the Services at any time, 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 Fandeavor is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Fandeavor, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Fandeavor and to grant Fandeavor the rights to use such information in connection with the Services and as otherwise provided herein.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
5. WARRANTY DISCLAIMER. Fandeavor has no special relationship with or fiduciary duty to you. You acknowledge that Fandeavor has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fandeavor from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Fandeavor makes no representations concerning any content contained in or accessed through the Services, and Fandeavor will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Fandeavor makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Experiences purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Fandeavor or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, AND EXPERIENCES PURCHASED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you are required to register with Fandeavor and select a password and user name (“Fandeavor User ID”). You shall provide Fandeavor with accurate, complete, and updated registration information, including your legal name. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Fandeavor User ID a name of another person with the intent to impersonate that person; or (ii) use as a Fandeavor User ID a name subject to any rights of a person other than you without appropriate authorization. Fandeavor reserves the right to refuse registration of or cancel a Fandeavor User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
8. INDEMNITY. You will indemnify and hold Fandeavor, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL FANDEAVOR OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE SERVICES, THE EXPERIENCES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE EXPERIENCE TO WHICH YOUR CLAIM RELATES; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FANDEAVOR’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. RULES FOR PLACING A BID. You must create an account with Fandeavor prior to placing a bid, and accurately complete all information requested by Fandeavor that is necessary to process your bid. The includes the provision by you of an accurate credit card number or other payment information, as applicable. You cannot place a bid if the account contains inaccurate information. Make sure you read the description of the Experience fully before you bid, and only bid for Experiences you intend to buy. Each bid is a binding contract to buy the Experience if you are the winning bidder, and refunds or exchanges are not permitted. If you are the winning bidder for an Experience, you are required to purchase that Experience. You cannot retract a bid except under certain limited circumstances, which Fandeavor will decide in its sole discretion on a case by case basis. If you are the winning bidder, your credit card will be charged with the full amount of the bid. If your credit card is denied or rejected, we will notify you and allow you 24 hours from the time of notification to provide us with an alternative credit card number. If you do not submit an alternative credit card number with such time, your bid for the Experience will be canceled and the Experience will be placed back into our auction system. You are solely responsible for any and all damages, claims, losses, and costs suffered by you in connection with an Experience.
11. CANCELLATION OR MODIFICATION OF EXPERIENCES. If an Experience you purchase is canceled, we will refund you the price you for such Experience. If there is a significant modification to the Experience for which you originally placed a bid, you may cancel your purchase and receive a refund of the price you paid.
12. THIRD PARTY WEBSITES. The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Fandeavor. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Fandeavor has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Fandeavor will not and cannot monitor, verify, censor or edit the content of any Third Party Website.
By using the Services, you expressly relieve and hold harmless Fandeavor from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including the Experiences, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any additional online or offline transaction (beyond your purchase of an Experience) with any of these third parties. You agree that Fandeavor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Fandeavor is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fandeavor, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
13. TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Fandeavor may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Fandeavor may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Fandeavor shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fandeavor’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Fandeavor’s prior written consent. Fandeavor may freely transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by Fandeavor, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fandeavor in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
15. ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
16. COPYRIGHT DISPUTE POLICY. Fandeavor has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Fandeavor’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Fandeavor’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
It is Fandeavor’s policy:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Fandeavor may send a copy of the counter-notice to the original complaining party informing that person that Fandeavor may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Fandeavor’s discretion.
Please contact Fandeavor’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent Fandeavor, Inc. 48 Trailside Ct. Henderson, NV 98012
CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com. Effective: October 1, 2011