Terms Of Use (as of October 1, 2008)


AGREEMENT BETWEEN USER AND FanGap, LLC (“FanGap” or “us”)

These Terms of Use apply to FanGap.com and our family of websites (including without limitation, jonasbrothersfan.com, tiffanyfan.com, and demilovatofan.com)(collectively, the “Sites”). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices. If you do not agree with or do not wish to be bound by all of these Terms of Use, do not visit the Sites.

MODIFICATION OF THESE TERMS OF USE

FanGap reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Sites. We will post the amended Terms of Use here from time to time, so please check back often and check the date above to see when they were last updated. Although we do not currently charge users for access to or use of the Sites, we reserve the right to do so in the future.

LINKS TO THIRD PARTY SITES

The Sites may contain links to other web sites, advertisers, resources and sponsors ("Linked Sites"). Clicking the links will take you away from our Sites to Linked Sites not under our control, therefore we are not responsible for the contents of any Linked Site, including without limitation any material, advertisements, goods or services, or further links contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FanGap of the Linked Site or any association with its operators or any third party goods or services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to FanGap that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
You are solely responsible for maintaining the security of your account and password and for all activity transacted via your account. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose, and agree to notify us immediately if you suspect any unauthorized access to or use of your password or account.
We reserve the right to require you to change your user name or other profile information if we learn that it unauthorizedly uses someone else’s name, trademark or service mark.
The Sites and all associated content are intended solely for the personal, non-commercial use of our users. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any content accessed on or through our Sites.
Except as may otherwise be provided below, you may not copy, store, or distribute any content for other than your personal non-commercial use and may not otherwise modify, exhibit, publish, transfer, sell, create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials, or Sites in whole or in part.

USE OF COMMUNICATION SERVICES

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain photos, videos, text, software, trademarks or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
FanGap has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials for any reason in our sole discretion. FanGap reserves the right to modify or discontinue any or all of the Communication Services, or to terminate your access thereto, at any time without notice for any reason whatsoever.

FanGap.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when posting any personally identifying information about yourself or your children in any Communication Service or otherwise via the Sites. FanGap does not control or endorse the content, messages or information found in any Communication Service and, therefore disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not authorized FanGap employees, representatives or spokespersons, and their views do not necessarily reflect those of FanGap.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download or otherwise use such materials.

MATERIALS PROVIDED TO OR POSTED AT ANY OF THE SITES

FanGap does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Site or Communication Service (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FanGap, its affiliated companies and sublicensees a perpetual, irrevocable, transferable and sublicensable license to use your Submission for any and all commercial, promotional or other pursposes, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in any medium now or hereafter known; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. FanGap is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FANGAP AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. INFORMATION AND ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FANGAP AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FANGAP AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANGAP AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FANGAP’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT, IF ANY, PAID TO US BY YOU FOR USE OF THE SITES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

SERVICE CONTACT: info@fangap.com

TERMINATION/ACCESS RESTRICTION

These Terms of Use, as amended from time to time, shall remain in full force and effect for as long as you are a registered user or otherwise visit or use any of the Sites. You may terminate your membership at any time by sending an email to info@fangap.com.
Your use of the Sites will require Internet access and/or service for your mobile phone, personal digital assistant or other device, and your charges will vary accordingly. You will of course be responsible for the costs of obtaining and maintaining such access and/or service according to your agreement with the service providers.
FanGap reserves the right, in its sole discretion, to terminate your access to the FanGap.com - The Place for Fans Web Site and the related services or any portion thereof at any time, without notice.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree: (1) that you are 13 years of age or older and you understand and possess the legal authority to agree to these Terms of Use; (2) all registration information and other information you submit to FanGap or via the Sites is and will remain truthful and accurate; and (3) that neither your use of the Sites nor any Submissions submitted by you or the use thereof by FanGap or our licensees or users in accordance with these Terms of Use will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations.
You hereby indemnify, defend and hold FanGap and its officers, directors, shareholders, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, court costs and reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. FanGap reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects FanGap’s or any other Indemnified Party’s rights without our prior written approval.

GENERAL

The Sites are hosted in the United States and we make no representation that any content is appropriate for access outside of the United States. If you choose to access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. This agreement is governed by the laws of the State of New York, U.S.A., without regard to the conflict of laws provisions thereof, and you hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FanGap as a result of this agreement or use of the Sites. FanGap's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FanGap's obligation and right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by FanGap with respect to such use. Section headings are for convenience only and are not intended to have legal effect or to be fully descriptive of their content. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FanGap with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. You shall have no right or power to assign this agreement in whole or in part. We may assign this agreement in whole or in part in our sole discretion. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

Except as otherwise provided, all contents of the Sites are: Copyright 2008 by FanGap, LLC and/or its licensors. All rights reserved.

FANGAP, the FanGap logo, and THE PLACE FOR FANS are service marks of FanGap, LLC. All other trade- or service marks and product names mentioned herein are the property of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We take alleged copyright infringement seriously. If you believe that any Submission provided by you, or any other content appearing on any Site, has been used in a manner that constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site(s); (d) your address, telephone number, and e-mail address; (e) 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 (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Services is:

Patrick Santry
FanGap, LLC
785 Fifth Ave.,
New York, NY 10022
Phone - (814) 806-1269
Fax - ( 480) 287-9531
Email – info@fangap.com