This Beta Test Agreement by and between FanFaves, Inc. ("FanFaves"), a Delaware corporation, having its address at P.O. Box 701022, Dallas, Texas, 75370, and you, the User, represents the requirements and responsibilities of participation in the FanFaves Beta Program.
By clicking Accept at the bottom of this page you formally agree to the terms and conditions held forth in this document. The following represent components of this agreement:
This Agreement sets forth the terms and conditions for the beta access, use, test and support of the FanFaves.com site prior to formal release. This Agreement is the complete agreement between the parties hereto concerning the subject matter of this Agreement and replaces any prior oral or written communications between the parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. This Agreement may only be modified by a written document executed by the parties hereto.
This Agreement sets forth the terms and conditions for the beta access, use, test and support of the FanFaves.com site prior to formal release.
THE PRODUCT (INCLUDING THE SOFTWARE, IF ANY, AND DOCUMENTATION) IS PROVIDED HEREUNDER "AS IS." FANFAVES MAKES AND USER RECEIVES NO WARRANTIES IN CONNECTION WITH THE PRODUCT, OR MODIFICATIONS OR IMPROVEMENTS THERETO, DELIVERED HEREUNDER, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION BETWEEN FANFAVES AND USER. FANFAVES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
This Agreement may be terminated immediately by either party through written notice if either party breaches any of the material provisions of this Agreement and fails to remedy such breach within thirty (30) days after written notification by the other party of such breach.
Notwithstanding the foregoing, this Agreement may be terminated immediately by FanFaves in the event of User’s breach of Section 6, Ownership and Site Access, or Section 10, Confidential Information.
Upon termination of this Agreement, User shall immediately cease use of the Site and shall, at its expense, return to FanFaves all Proprietary Information and data (including all copies thereof) then in User’s possession or custody or control, and certify in writing as to such action. FanFaves will subsequently terminate access of the User and remove any User information from the Site.
NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF FANFAVES OR ITS SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000).
IN NO EVENT SHALL FANFAVES OR ITS SUPPLIERS BE LIABLE FOR ANY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF FANFAVES HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
User acknowledges that, in the course of using the Site and performing duties under this Agreement, User may obtain information relating to the Site and to FanFaves which is of a confidential and proprietary nature ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know how, invention techniques, processes, programs, schematics, software source documents, data, customer lists, financial information, and sales and marketing plans or information which User knows or has reason to know is confidential, proprietary or trade secret information of FanFaves. User shall at all times, both during the term of this Agreement and for a period of at least three (3) years after its termination, keep in trust and confidence all such Proprietary Information, and shall not use such Proprietary Information other than as expressly authorized by FanFaves under this Agreement, nor shall User disclose any such Proprietary Information to third parties without FanFaves’ written consent. User further agrees to immediately return to FanFaves all Proprietary Information (including copies thereof) in User’s possession, custody, or control upon termination of this Agreement at any time and for any reason. The obligations of confidentiality shall not apply to information which (i) has entered the public domain except where such entry is the result of Users breach of this Agreement; (ii) prior to disclosure hereunder was already in User’s possession; or (iii) subsequent to disclosure hereunder is obtained by User on a non-confidential basis from a third party who has the right to disclose such information to the User.
Neither party shall disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the other party. Any press release or publication regarding this Agreement is subject to prior review and written approval of the parties.
FanFaves.com is a Web Site dedicated to enabling Users to establish subject matter content from multiple social media and other data sources into a User-oriented and specific interest framework. Users are able to define the data with which their interests align, and subsequently aggregate that data from a variety of sources in a chronological format. The User will have access to functions that provide an ecosystem of social data aggregation and publishing features for the consumption and delivery of subject-specific content.
These features provide the following functionality letting you perform such tasks as:
The beta testing period begins October 10, 2016 and ends January 15, 2017. This period may be extended an additional period by FanFaves Systems if additional testing is needed. If additional product releases are called for, or if the test schedule changes, FanFaves Systems will define and provide a new release.
FanFaves has opted to accept direct feedback from Beta Users including gathering information related to bugs, enhancements, and new features.
In order to facilitate these tasks, FanFaves has implemented an “In Application” feedback mechanism identified as a Question Mark (“?”) within a circle at the lower right corner of each FanFaves.com site page. By clicking this mark, a User may provide feedback in free form. FanFaves.com may contact the user via User provided e-mail address to further the discussion and pursuit. User will be expected to use this tool for reporting and communication as the Beta progresses.
FanFaves is not supplying any test suites for the Beta testing. User will be expected to test each of the major functional areas of the Site. Please refer to the FAQ and Education sections of the site for answers to questions and how to use material.
The user is expected to perform comprehensive testing of the Site. This includes using the features of the Site and all major feature sets.
The user is expected to use the provided feedback channel for reporting to FanFaves issues including defects, Site failures, etc. The user will also be expected to complete additional forms and surveys to characterize their experience with The Site during Beta.
The user is expected to commit sufficient time to this Beta to meet the testing and reporting requirements above.
We’d love to hear from you!
Your feedback and input help drive FanFaves and we look forward to hearing from you.
The fastest way to reach us is by emailing firstname.lastname@example.org.
If you’d like to be really formal, our address is: