These “terms and conditions” (hereafter, the “Terms and Conditions”) are intended to govern your use of the FANBREAD WEBSITE, which is owned and operated by FANBREAD, INC., a Delaware corporation (“FANBREAD” or “us” or “we”), and located at the URL: http://fanbread.com, including all Content (as defined below) available through the fanbread.com domain name and/or other related domain names which may point or direct a User to this website and any related websites and that certain mobile application which functions in conjunction with the FANBREAD WEBSITE (collectively, the “FANBREAD SITES”).
FANBREAD provides users, customers, visitors and others (each a “User” and collectively, the “Users”) access to the FANBREAD SITES.
The FANBREAD SITES are offered and made available only to Users 18 years of age or older and if you are not yet 18 years old, your use of the FANBREAD SITES may be prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside. By using or attempting to use the FANBREAD SITES, you are expressly certifying that you are at least 18 years of age and meet all other eligibility requirements for your use of the FANBREAD SITES. If for any reason and at any time you do not agree with all of the terms and conditions contained in these Terms and Conditions, you must discontinue using the FANBREAD SITES immediately.
In the event that FANBREAD or any of its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective officers, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents, affiliates, or any of their respective managers, directors, officers, employees, agents, third party content providers or licensors (including any person or entity involved in creating, producing or distributing the Content) (collectively, the “Affiliates”) unknowingly send an e-mail or other message to a minor, the minor’s parent or legal guardian always has the right to opt-out (unsubscribe) from receiving future e-mails or text messages using the opt-out (unsubscribe) mechanism contained in the e-mail or message.
The words “use” or “using” in these Terms and Conditions, means any time 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 the FANBREAD SITES, transmit, receive or exchange data or communicate with the FANBREAD SITES, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the FANBREAD SITES. Except as expressly set forth herein, these Terms and Conditions do not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
FANBREAD and its Affiliates make information, data, text, software, music, sound, photographs, graphics, videos, messages and other materials (the “Content”) available on the FANBREAD SITES, on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. You expressly agree that use of the Content and the FANBREAD SITES is at your sole risk. Neither FANBREAD, nor its Affiliates warrant that the FANBREAD SITES will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the FANBREAD SITES or as to the accuracy, reliability or content of any information, service or products provided through the FANBREAD SITES. FANBREAD and its Affiliates neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice, review or statement on any of the FANBREAD SITES, any Content, nor for any offensive, defamatory or obscene Content made. Under no circumstances will FANBREAD or any of its Affiliates be liable for any loss or damage caused by your reliance on Content obtained through the FANBREAD SITES. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Content available through the FANBREAD SITES. Reliance on any Content appearing on the FANBREAD SITES is strictly at your own risk. FANBREAD and its Affiliates cannot and do not endorse or guarantee and are not responsible for the accuracy, efficacy, or veracity of any Content.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of these Terms and Conditions. We will post or display notices of material changes on the FANBREAD SITES and we may also e-mail you about these changes and/or, from time-to-time may also require you to affirmatively acknowledge and affirm your review and acceptance of updates to terms of these Terms and Conditions; provided, however, whether or not we choose to implement such measures will be determined solely by us and you must recognize that once we post updated terms and conditions on the FANBREAD SITES, these changes/updates shall become effective immediately and if you use any of the FANBREAD SITES after they become effective it will signify your agreement to be bound by the changes. Therefore, you should check back frequently and review these Terms and Conditions regularly so you are aware of the most current rights and obligations that apply to you and the agreements you are making to us. FANBREAD also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the FANBREAD SITES at any time, without any liability or obligation to you, with or without notice.
A. FANBREAD hereby grants you permission to use the FANBREAD SITES as set forth in these Terms and Conditions, provided that: (i) your use of the FANBREAD SITES as permitted is solely for your personal, noncommercial use (unless FANBREAD grants you written permission to do otherwise); (ii) you will not copy or distribute any part of the FANBREAD SITES in any medium without FANBREAD’s prior written authorization; (iii) you will not alter or modify any part of the FANBREAD SITES; and (iv) you will otherwise comply with these Terms and Conditions.
B. You agree to abide by the “RULES OF CONDUCT” referenced in Section 11 below and not use or launch any automated system, including without limitation, “cookies,” “robots,” “spiders,” “offline readers,” etc., that accesses the FANBREAD SITES in a manner that sends more request messages to FANBREAD servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FANBREAD grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FANBREAD reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the FANBREAD SITES, nor to use the communication systems provided by the FANBREAD SITES for any commercial solicitation purposes.
From time to time, you may communicate and interact with or obtain goods and services from third parties in connection with your use of the FANBREAD SITES (“Advertiser”). All such communication and interaction is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
The Content within the FANBREAD SITES and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to FANBREAD, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content within the FANBREAD SITES is provided to you AS IS for your information and personal use only and may not be used, 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. FANBREAD reserves all rights not expressly granted in and to the FANBREAD SITES and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of any of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of any of the FANBREAD SITES or features that prevent or restrict use or copying of any Content or enforce limitations on use of any of the FANBREAD SITES or the Content therein.
You understand that when using the FANBREAD SITES, you will be exposed to Content from a variety of sources, and that FANBREAD and its Affiliates are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that contains unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material (in each case, “Offensive Material”) and/or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (in each case, “Offensive Conduct”). In this regard, any User who uses any of the FANBREAD SITES, hereby releases and forever discharges FANBREAD and its Affiliates and each of their officers, directors, shareholders, members, owners, operators, licensors, licensees, parents, affiliates, associates, subsidiaries, predecessors, successors, assigns, agents, employees, insurers, partners, trustees, beneficiaries, representatives, attorneys, and all persons acting by and through, under or in concert with it, including parent companies, divisions, subsidiaries and affiliates (collectively, the “Released Parties”), of and from any and all manner of action or actions, cause or causes of action, in law or in equity, judgments, suits, debts, liens, contracts, agreements, guaranties, promises, liabilities, claims, demands, damages, losses, costs or expenses (including without limitation attorneys’ fees and disbursements), whether known or unknown, suspected or unsuspected, arising out of or related to such User’s use of the FANBREAD SITES, any Content, alleged violations of any contracts, express or implied, any covenant of good faith and fair dealing, express or implied, any obligation for compensation, any Offensive Material, any Offensive Conduct or other objectionable statements, intentional or negligent infliction of emotional distress, retaliation, or any other tort, or any federal, state or other governmental statute, regulation, rule, ordinance or other legal or equitable rights or remedies you have or may have against the Released Parties with respect thereto (individually and collectively, a “Claim”), and agree to indemnify and hold the Released Parties harmless to the fullest extent allowed by law regarding all Claims.
FANBREAD does not permit copyright infringing activities or infringement of intellectual property rights on the FANBREAD SITES, and FANBREAD will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. FANBREAD reserves the right to remove Content without prior notice. FANBREAD also reserves the right to decide whether Content is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
In particular, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the information listed below in writing (see 17 U.S.C 512(c)(3) for further detail). Note further, pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the FANBREAD SITES should be sent ONLY to our Designated Agent.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY FANBREAD, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): FANBREAD, INC.
Name of Agent Designated to Receive Notification of Claimed Infringement: Rachel Gariepy
Full Address of Designated Agent to Which Notification Should Be Sent:
520 Broadway, 3rd Floor, Santa Monica, California 90401
Telephone Number of Designated Agent: (310) 879-1935
Facsimile Number of Designated Agent: (310) 919-1950
E-mail Address of Designated Agent: [email protected]
Under Title 17, United States Code, Section 512(c) (3) (A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For clarity, only DMCA notices should go to the Designated Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FANBREAD customer service through the FANBREAD SITES. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
FANBREAD permits you to link to materials on the FANBREAD SITES for personal, non-commercial purposes only. FANBREAD reserves the right to discontinue any aspect of the FANBREAD SITES at any time.
Your use of the FANBREAD SITES is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or as a result of your use of the FANBREAD SITES. You shall not use, allow, or enable others to use the FANBREAD SITES, or knowingly condone use of the FANBREAD SITES by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the FANBREAD SITES, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the FANBREAD SITES, or from advertising, linking or becoming a supplier to us in connection with the FANBREAD SITES;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• be used for commercial or business purposes, without the prior written consent of FANBREAD, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, ransomware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
• gain unauthorized access to the FANBREAD SITES, other Users’ Personal Information or to use the FANBREAD SITES in any manner which violates or is inconsistent with the terms and conditions of these Terms and Conditions;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the FANBREAD SITES or the rights or use and enjoyment of the FANBREAD SITES by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the FANBREAD SITES, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
We may terminate your use of the FANBREAD SITES 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.
YOU AGREE THAT YOUR USE OF THE FANBREAD SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FANBREAD AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FANBREAD SITES AND YOUR USE THEREOF. FANBREAD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FANBREAD SITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE FANBREAD SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FANBREAD SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FANBREAD SITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FANBREAD SITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FANBREAD SITES. FANBREAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FANBREAD SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FANBREAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL FANBREAD OR ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION OR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FANBREAD WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FANBREAD SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FANBREAD’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE FANBREAD SITES EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FANBREAD SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FANBREAD SITES are controlled and offered by FANBREAD from its facilities in the United States of America. FANBREAD makes no representations that the FANBREAD SITES are appropriate or available for use in other locations or jurisdictions. Those who access or use the FANBREAD SITES from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless FANBREAD and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the FANBREAD SITES; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any Claim(s) that Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the FANBREAD SITES.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FANBREAD without restriction.
We may use your Personal Information to notify you of important changes to the FANBREAD SITES, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
A. Send an email message to [email protected] or by U.S. mail to FANBREAD, Attention: Rachel Gariepy, 520 Broadway, 3rd Floor, Santa Monica, California 90401.
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If FANBREAD has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.