Terms & Conditions

Overview and Important Definitions

The FanFaves website operated at www.fanfaves.com (the “Site”) and the services provided in connection therewith are owned, operated and maintained by FanFaves, Inc. (“we”, “our” or “us”). BY CLICKING ‘I AGREE’ DURING YOUR ACCOUNT CREATION ON FANFAVES.COM, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITE AND THE SERVICE, WHICH CONSTITUTES AN AGREEMENT BETWEEN YOU AND FANFAVES, INC. By using or accessing the Site or the Services (as defined below), you agree to the terms and conditions (“Terms of Use”) set forth below. If you do not agree with these Terms of Use, you may not access or use the Site or the Services. For the purposes of these Terms of Use, “you” means an individual who is 13 years old or older who accesses or uses the Site and/or Services.

We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Site and your continued use of the Site or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Site.

Services

Through our Site and our Services, we provide users with free activities that enable users to connect with personalities (entertainers, athletes, subject matter experts, authors, etc.) by means of contests or by following the fan pages of a user’s favorite personalities. The FanFaves Services consist of the following, including but not limited to: FanFaves, blogs, forums, and any premium services offered by or on behalf of FanFaves (“Premium Services”) (collectively, the “Services”). We may offer additional services or revise any of the Services at our discretion, and these Terms of Use will apply to all additional services or revised Services. We also reserve the right to cease offering any of the Services.

You are solely responsible for all service, whether telephone, Internet or data, and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

The Services are currently available 365 days a year.

As an online service, our Services may periodically be unavailable as we perform regular maintenance and upgrades during certain times, which may change from time to time, at our sole discretion.

Privacy Policy

We are concerned about your privacy while accessing the Site and using the Services. Please review our Privacy Policy on the Site.

Registration Obligations

To use the Services, you will need to register on the Site, obtain an account, username and password, and accept our Terms of Use Policy. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You may not transfer your account, username or password to another person and you may not use anyone else’s account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized personnel. For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the Site, the Services or the Content (as defined below) to recruit, solicit, or contact in any form FanFaves users or potential consumers for employment or contracting for a business not affiliated with us without our advance written permission.

Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Site, the Users or the Services by any means (“Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services.

Copyright

You acknowledge that any software used on the Site, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Site or the Services (collectively, the “Content”) are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (“Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms of Use, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, any Content, the Site or the Services. You may not store any significant portion of any Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not mirror any Content or the Services on any server.

Any unauthorized or prohibited use of any software, other Content, the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services and the other Content for noncommercial personal or educational purposes while these Terms of Use are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Content, the Site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Content or otherwise, including without limitation, by accessing or using the Site, the Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms of Use.

Confidential Information

You agree to safeguard the Content and the Services (collectively, “Proprietary Information”) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your representatives who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms of Use or restrictions no less restrictive than these Terms of Use. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms of Use.

You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms of Use may cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys’ fees and expenses) in connection with such prohibited use or disclosure.

Links

The Site or the Services may provide links to websites or resources that are not owned by or affiliated with FanFaves, Inc. (“Third Party Sites”). Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

Conduct, Fraud, and Consequences of Fraud

You may only access the Site and use the Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the Site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the Site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will not disclose any information to a Personality or to another user that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you.

You agree that if you defraud or access our Site or Services through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us $100.00(US) per hour, plus all costs we incur related to detecting and investigating your improper action, for each hour (or part thereof) that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use.

You agree that our cost of investigation will always be a minimum of $250.00 and will include inside and outside attorney and paralegal time and related fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe, such as the costs related to requesting subpoenas from courts and then serving those subpoenas on you as well as serving them on other persons or organizations that we feel may be able to assist with our investigation.

For purposes of these Terms of Use, defrauding our Site or Services or accessing them improperly means creating accounts in any manner other than by following our defined procedures for creating valid accounts.

Examples of improper access include, but are not limited to, using any means to circumvent our registration system, hacking our system in any way, using the system when you have been notified that your permission to use the Services has been revoked, sharing your account information or anyone else’s account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. This may include, but is not limited to using multiple introductory promotion codes or offers as well as selling or auctioning of login credentials.

Disclaimer of Warranty; Limitations

THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE FANFAVES  CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES.

YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR FANFAVES PERSONALITIES) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of any Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Content or any portion thereof, your connection to the Services, or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Trademark Notice

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site or in any Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or in connection with the Services or Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as an active link to any other website unless approved by us in advance in writing.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) a notice with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

FanFaves, Inc.
Attn: FanFaves Copyright Agent
5001 Spring Valley Road, Suite 400E
Dallas, Texas 75244
By email: support@fanfaves.com
Local Laws; Export Control

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.

Modifications to the Services

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms of Use will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.

Termination

We may terminate these Terms of Use by providing you with notice of such termination, which shall be effective immediately upon delivery of such notice to you. We may terminate these Terms of Use immediately without notice for any breach by you of these Terms of Use or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate these Terms of Use without notice to you by terminating your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, consequences of improper conduct, fraud or abuse, the provisions of this section which, by their nature apply after termination, the general provisions below, and the provisions related to governing law, personal jurisdiction and venue. Unless otherwise explicitly stated, all licenses granted under these Terms of Use terminate immediately at the end of your registration of the Services. You agree that upon the termination of these Terms of Use, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination of these Terms of Use you will immediately destroy any downloaded or printed Content.

How to Cancel

If you would like to discontinue your use of the Services for any reason, you may do so by submitting a written request via email to support@fanfaves.com.

Governing Law, Personal Jurisdiction, and Venue

You agree that Texas law (without giving effect to its conflicts of law principles) will govern these Terms of Use, the Site and the Services and that any dispute arising out of or relating to these Terms of Use, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Northern District of Texas, Dallas Division. You acknowledge and agree that any violation of these Terms of Use may cause us irreparable harm, and therefore agree that we will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms of Use.

General

Miscellaneous. These Terms of Use, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable renewal, or additional Services terms, comprise the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us related to your use of the Site or Services (including, but not limited to, any prior versions of these Terms of Use). Unless otherwise explicitly stated, these Terms of Use will survive termination of your registration to the Services. Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. All rights not expressly granted herein are expressly reserved. These Terms of Use shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make the Terms of Use legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms of Use shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Class Action Waiver. You agree that in any such dispute or subsequent legal action, you will only assert claims in an individual (non-class, non-representative) basis, and that you will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than yourself.

Damages. You understand and agree that if it becomes necessary for us to pursue legal action to enforce the terms of these Terms of Use, you will be liable to pay us actual damages to the extent such damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we retain the right to seek the remedy of specific performance of any term contained in these Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof. Users who violate these Terms of Use may be temporarily or permanently barred from accessing the Site or the Services.

Revision Date

These Terms of Use were last revised on July 8, 2016.