Welcome to Fan Bash! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FAN BASH WEB SITES. THE FAN BASH WEB SITES ARE NOT FOR CHILDREN AGE 13 OR UNDER. Fanbash.com and any and all entities that control, are controlled by, or are affiliated or under common control with, Fan Bash are collectively referred to herein as "we," "us" or "our". This Terms of Use Agreement (“Terms of Use”) sets forth the legally binding terms of your use of the Fan Bash Web sites (collectively, including all content and functionality available through the FanBash.com domain name, “Fan Bash” or “Web site”).
A. By using and/or visiting the Fan Bash Web sites you (the "User") signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2) Fan Bash's Privacy Notice, found at http://core.fanbash.com/privacy/, and (3) Fan Bash's User Guidelines, incorporated below by reference. If you do not agree to any of the Terms of Use, the Fan Bash Privacy Policy, or the User Guidelines, please do not use the Fan Bash Web site. (1) The Terms of Use, (2) the Privacy Policy and (3) User Guidelines are collectively referred to as the Agreement. This Agreement will remain in full force and effect as long as you are a User of Fan Bash, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
B. The words "use" or "using" in this Agreement, means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Fan Bash, transmit, receive or exchange data or communicate with Fan Bash, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of Fan Bash, for any purpose whatsoever.
C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version at http://core.fanbash.com/terms/. Fan Bash reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 22 labeled “Amendment”. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
D. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Fan Bash Web sites are not intended for children under 13. If you are under 13 years of age, then you are not authorized to use the Fan Bash Web sites.
A. You acknowledge that this Terms of Use Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Fan Bash Web sites and receipt of data, materials and information available at or through the Fan Bash Web sites, the opportunity for our review, use or presentation of your Submissions (as defined below in section 7 labeled “User Submissions”), and the possibility of publicity and promotion from our review, use or presentation of your Submissions.
A. This Terms of Use Agreement applies to all Users of the Fan Bash Web sites, including Users who submit materials, edit lists, contribute content, or videos or other information on the Web site.
B. Clicking links to third-party Web sites from the Fan Bash Web sites is at your own risk. The Fan Bash Web sites include links to other Web sites on the internet that are not owned and operated by Fan Bash, but instead are owned and operated by online merchants and other third parties. Fan Bash has not reviewed all the Web sites that may be linked to the Fan Bash Web sites. Fan Bash does not endorse and is not responsible for the content of any off-Web site pages or any other Web sites linked to Fan Bash. You should contact the Web site administrator or webmaster for those third-party Web sites about any concerns regarding such links or the content located on such Web sites.
C. Any opinions, advice, statements, services, offers or other information supplied to or made available on the Fan Bash Web sites by third parties are those of the respective author(s) and Fan Bash is not responsible for and neither endorses nor guarantees the accuracy or usefulness of such material. Fan Bash expressly disclaims any liability associated with such material.
D. We encourage you to be aware when you leave the Fan Bash Web sites and to read the terms and privacy policy of each other Web site that you visit. Your use of those third-party Web sites is subject to the terms of use and privacy policies of each Web site, and we are not responsible therein.
A. In order to access some features of the Web site, you will have to create a Fan Bash account. You agree to provide, maintain and update true, accurate, current and complete information about yourself. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s User name, password, or other account information, or another person’s name, likeness, voice, image or photograph. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Fan Bash Web sites.
B. You are solely responsible for the activity that occurs on your account, so you must keep your account password secure. You must notify Fan Bash immediately of any breach of security or unauthorized use of your account.
C. Fan Bash will not be liable for your losses caused by any unauthorized use of your account, however, you will be liable for losses of Fan Bash or others due to such unauthorized use.
A. The content on the Fan Bash Web sites, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, products, formulae, designs, illustrations, web designs, logos, computer script, characters, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Fan Bash, subject to copyright and other intellectual property rights under the law. Content on the Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. No information, content or material from any Fan Bash Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, posted, transmitted or distributed in any way with the following exception. The use of any information, content or materials of the Fan Bash Web sites on any other Web site or computer environment is strictly prohibited without prior written permission of Fan Bash. Any use of materials on the Web site, including reproduction for purposes other than those noted below, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fan Bash is strictly prohibited. Fan Bash reserves all rights not expressly granted in and to the Web site and the Content.
B. Fan Bash grants you permission to access and use the Web sites, as set forth in this Terms of Use Agreement, to download and reprint a single copy of the materials presented in this Internet Web site for your own personal, noncommercial use only, provided that:
C. Fan Bash cannot guarantee that its Users are following these rules or other provisions of the Terms of Use, and as between you and Fan Bash, you hereby assume all risk of harm or injury resulting from any such lack of compliance. For more information on internet safety refer to the Internet Safety Tips below.
D. Notwithstanding the foregoing, Fan Bash grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fan Bash reserves the right to revoke these exceptions either generally or in specific cases. You agree to neither collect nor harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Web site with respect to their User Submissions.
E. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Fan Bash. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Fan Bash or otherwise as prohibited under this Agreement.
F. Prohibited commercial uses include any of the following actions taken without Fan Bash's express approval:
G. Prohibited commercial uses do not include:
H. In your use of the Fan Bash Web sites, you will otherwise comply with the terms and conditions of these Terms of Service, Fan Bash Privacy Policy, Fan Bash User Guidelines, and all applicable local, national, and international laws and regulations.
I. Fan Bash reserves the right to discontinue any aspect of the Fan Bash Web site at any time.
J. You may not use Fan Bash in any way that is unlawful, or harms Fan Bash or any other person or entity, as determined in our sole discretion. You assume all knowledge of applicable law and are responsible for compliance with any such laws. User may not use the Web site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
K. Violation of any part of this Agreement may result in immediate termination of this Agreement, your account being terminated, and may subject you to state and federal penalties and other legal consequences. Fan Bash reserves the right, but shall have no obligation, to investigate your use of the Web site in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Fan Bash also reserves the right to discontinue any aspect of the Fan Bash Web sites at any time.
L. You may access Fan Bash Content, User Submissions and other content only as permitted under this Agreement. Fan Bash reserves all rights not expressly granted in and to the Fan Bash Content and the Fan Bash Service.
M. You agree not to circumvent, disable or otherwise interfere with security-related features of the Fan Bash Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fan Bash Web site or the Content therein.
N. YOU UNDERSTAND THAT WHEN USING THE FAN BASH WEB SITES, YOU WILL BE EXPOSED TO USER SUBMISSIONS FROM A VARIETY OF SOURCES, AND THAT FAN BASH IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER SUBMISSIONS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FAN BASH WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD FAN BASH, ITS OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEB SITE.
O. Fan Bash does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fan Bash expressly disclaims any and all liability in connection with User Submissions.
A. Fan Bash is an interactive computer service intended for viewing and submitting content and materials relevant to the Web site. When a User in any way adds text, videos, photos, or any other kind of media (collectively, “content”) to the Web site it is known as a “User Submission”. Please choose carefully the information you post on Fan Bash and that you provide to other User s. You retain all ownership rights in your submissions, but as soon as you display and publish (“post”) content and material to Fan Bash, unless indicated otherwise, you grant Fan Bash and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any media in connection with the Fan Bash Web sites and Fan Bash’s business, including without limitation for promoting and redistributing parts or all of the Fan Bash Web sites. You further grant Fan Bash, its affiliates, and its sub-licensees the right to use the name that you submit in connection with such content. You understand that whether or not such User Submissions are published, Fan Bash does not guarantee any confidentiality with respect to any User Submissions. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Fan Bash Service. You understand and agree, however, that Fan Bash may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
B. You agree that you are solely responsible for (and that Fan Bash has no responsibility to you or any third party for) any content that you create, transmit or display while using the Web site and for consequences of your actions (including any loss or damage which Fan Bash may suffer) by doing so. You represent and warrant that:
C. As a Fan Bash account holder you may submit textual or graphic content as well as rank and edit lists of information already posted to the site.
D. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Fan Bash to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Service.
E. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fan Bash all of the license rights granted herein.
F. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Fan Bash User Guidelines, incorporated below by reference, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
G. Fan Bash does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fan Bash expressly disclaims any and all liability in connection with User Submissions. Fan Bash does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Fan Bash will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Fan Bash reserves the right to remove Content and User Submissions without prior notice.
A. Fan Bash is not responsible for what its Users do on the Fan Bash Web sites. Fan Bash in no way encourages, induces or plays any role in copyright or intellectual property rights infringement. Fan Bash does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Fan Bash will remove all content and User Submissions if properly informed that such content or User Submission infringes on another’s intellectual property rights. Fan Bash is under no obligation to investigate or make inquiries as to User Submissions, however, upon notification of any infringing material Fan Bash will make a good faith effort to take down the infringing material from the Web site. Fan Bash reserves the right to remove content and User Submissions without prior notice.
B. THE INFORMATION, CONTENT AND MATERIALS ON FAN BASH WEB SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY FAN BASH SITE (INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WDIG SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY FAN BASH WEB SITE, INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY FAN BASH WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
C. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Fan Bash Web site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Fan Bash Web site or third-party information, content or materials contained on our sites (including, without limitation, User Submissions contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User Submissionst), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
A. If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. This Agreement, the Privacy Policy, the Terms of Use shall survive the deactivation of your account.
B. It is Fan Bash’s policy to terminate a User’s access to its Web site if, under appropriate circumstances and at Fan Bash’s sole discretion, the User is determined to be a repeat infringer. Fan Bash may, at its sole discretion, limit access to the Web site and/or terminate the account of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Fan Bash reserves the right to decide whether the User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, excessive length or irrelevant materials. Fan Bash may terminate a User’s access for posting such material in violations of this Terms of Use at any time, without prior notice and at its sole discretion.
C. Fan Bash reserves the right, but disclaims any responsibility or obligation, to remove any User Submissions from its Web site that violate these Terms of Use and to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding identification of any User alleged to be using the Fan Bash Web sites in violation of the law. Fan Bash does not permit copyright infringing activities and infringement of intellectual property rights on its Web site. Fan Bash has sole discretion to remove any material for any reason whether deemed inappropriate or unlawful or for any reason whatsoever. Fan Bash reserves the right to modify or discontinue the Service with or without notice to the User. Fan Bash shall not be liable to User or any third party should Fan Bash exercise its right to modify or discontinue the Service. User acknowledges and accepts that Fan Bash does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
D. The following is a list of prohibited content and activities (the list is not exhaustive but illustrative of these items illustrate the types of offenses) that will get your account terminated and you banned from the Web site:
A. "Public Forum" means an area, site or feature offered as part of any Fan Bash Web site that enables Users or visitors of any Fan Bash Web site (a) to submit, post, display and/or view User Submissions and/or (b) to communicate, share or exchange User Submissions with other Fan Bash Web site Users, visitors and members of the general public including, without limitation, a message board, social community environment, profile page, or email function.
B. You acknowledge that anything you submit to a Fan Bash Web site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
C. You are and shall remain solely responsible for the User Submissions submitted and/or posted under your User name or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User Submissions posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by Users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
D. Fan Bash reserves the right, but disclaims any duty, obligation or responsibility to remove or filter any User Submissions from the Site that violates these terms of use. In addition, Fan Bash reserves the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding identification of any user alleged to be using the Fan Bash Web sites in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User Submission and turn all or a portion thereof over to law enforcement officials.
E. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User Submissions contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
F. Your ability to access and browse User Submissions within a Public Forum and/or to submit and/or post User Submissions within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
A. Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Fan Bash Copyright Agent with the following information in writing (see 17 U.S.C 513(c)(3) for further detail):
Fan Bash’s designated Copyright Agent to receive notifications of claimed infringement is: The Wolfe Practice, LPA, 4430 Carver Woods Drive, Cincinnati, Ohio 45242, email: , fax: 513.746.2828. Only Digital Millennium Copyright Notices should go to the Copyright Agent; any other feedback, request for technical support, and other communications should be directed to Fan Bash customer service at .
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the :
If a counter-notice is received, Fan Bash may send a copy to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Fan Bash has the discretion of re-posting the material if no further lawsuit is filed or if it obtains proof of no copyright or intellectual property right infringement.
A. You are solely responsible for your interactions with other Fan Bash Users. Fan Bash reserves the right, but has no obligation or responsibility, to monitor disputes between you and other Users.
A. We care about the privacy of our Users. By using this Web site you are consenting to our Privacy Policy and Fan Bash’s use of your data.
A. UNDER NO EVENT SHALL FAN BASH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FAN BASH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT FAN BASH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
B. Notwithstanding anything in this Agreement to the contrary, the aggregate liability of Fan Bash under this Agreement for any reason and upon all claims or causes of action shall be limited to the aggregate amount of the fees paid to Fan Bash. To the extent any claim relates to a particular product, such liability shall be limited to the amount paid to Fan Bash by the purchaser in connection with that particular product.
C. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE RESPONSIBLE OR LIABLE FOR:
D. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
E. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITAITON OR DISCLAIMER LIABILITY FOR CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
A. You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the Southern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on the Fan Bash site are appropriate or available for use in any particular location. Those who choose to access the Fan Bash Web sites do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
A. You understand and agree that you are personally responsible for your behavior on the Web site and for use of the content. You are entirely responsible for maintaining the confidentiality of your User name(s), password(s), and your account(s). You agree to indemnify, defend, and hold harmless Fan Bash, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs (including, without limitation, settlement costs and any legal or other fees, such as reasonable attorneys’ fees, and expenses for investigating or defending any actions or threatened actions), resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Web site using your account.
B. You shall use your best efforts to cooperate with us in the defense of any claim.
C. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
A. You agree that: (i) the Fan Bash Web sites shall be deemed solely based in Ohio; and (ii) the Fan Bash Web sites shall be deemed a passive Web site that does not give rise to personal jurisdiction over Fan Bash, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Fan Bash that arises in whole or in part from the Fan Bash Web sites shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio. These Terms of Service, together with the Privacy Notice and any other legal notices published by Fan Bash on the Web site, shall constitute the entire agreement between you and Fan Bash concerning the Fan Bash Web sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Fan Bash's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Fan Bash reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Fan Bash Web sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
B. YOU AND FAN BASH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FAN BASH WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A. By using this Web site, you agree that Fan Bash, at its sole discretion, may require you to submit any disputes arising from the use of this Web site, or these Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of Ohio.
B. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
A. Fan Bash may assign its rights and duties under this Agreement to any party at any time without notice to you. However, these Terms of Use may not be assigned by the User.
A. The failure of Fan Bash hereto to enforce at any time, or for any period of time, any provision of this Agreement shall not be construed as a waiver of either such provision or the right of Fan Bash thereafter to enforce each and every provision of this Agreement.
A. If any provision of this Agreement is determined to be invalid under any applicable statue, rule of law or court of competent jurisdiction, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
A. Fan Bash reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Fan Bash Web sites following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
A. If you have questions regarding our Terms of Use and/or our general practices, please contact us at . Fan Bash will use commercially reasonable efforts to promptly respond and resolve any problem or question. Office location: Fan Bash, LLC, 4430 Carver Woods Dr., Cincinnati, OH 45242.
A. This Agreement is accepted upon your use of the Fan Bash Web sites. This Agreement constitutes the entire agreement between you and Fan Bash regarding the use of the Web site. The failure of Fan Bash to exercise or enforce any provision of this Agreement shall not operate as a waiver of such right of provision. The section titles in this Agreement are for your convenience only and have no legal or contractual effect. Fan Bash is a trademark of Fan Bash, LLC. This Agreement operates to the fullest extent permissible by law.
COPYRIGHT INFRINGEMENT NOTIFCATION
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, if you believe your work has been reproduced on Fan Bash in a manner that constitutes copyright infringement, you may submit a notice to our designated agent by emailing it to or by faxing it to 513.746.2828. Your notice must include:
Fan Bash’s designated Copyright Agent to receive notifications of claimed infringement is: The Wolfe Practice, LPA, 4430 Carver Woods Drive, Cincinnati, Ohio 45242, email: , fax: 513.746.2828. Only Digital Millennium Copyright Notices should go to the Copyright Agent; any other feedback, request for technical support, and other communications should be directed to Fan Bash customer service at .
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
COUNTER-NOTIFICATION
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to :
If a counter-notice is received, Fan Bash may send a copy to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Fan Bash has the discretion of re-posting the material if no further law suit is filed or if it obtains proof of no copyright or intellectual property right infringement.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. It is Fan Bash policy that the accounts of repeat infringers be terminated and such policy will be enforced.
PROPRIETARY INFORMATION: LEGAL NOTICES
Fan Bash Copyrights
Fan Bash Trademarks and Service Marks:
USE OF FAN BASH TRADEMARKS AND SERVICE MARKS
Disclaimer: Non-Fan Bash Trademarks; Member Trademarks
The trademarks, logos, and service marks not owned on behalf of Fan Bash and that are displayed on the Fan Bash Web sites are the registered and unregistered marks of their respective owners. No rights are granted by Fan Bash to use such marks, whether by implication, estoppel, or otherwise.
In general, these User Guidelines require respect and good manners.
Copyright © 2008 Fan Bash, LLC. All Rights Reserved.