Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities and/or sales without Fanatix's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Fanatix or any third party; or
- impersonates any person or entity, including any employee or representative of Fanatix.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Fanatix in its sole discretion) an unreasonable or disproportionately large load on Fanatix's (or its third party providers.) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Fanatix may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Fees and Payment
Fanatix reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Website in connection with such features. Fanatix reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Website. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under Fanatix's control, and you acknowledge that Fanatix is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Fanatix or any association with its operators. You further acknowledge and agree that Fanatix 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Fanatix and Website Content
You agree that the Service contains Content specifically provided by Fanatix or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Website expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Fanatix, or from the copyright holder identified in such Content's copyright notice.
User Submissions and Content from Third Party Sites
Through your account with Fanatix ("Fanatix Account"), you may be able to access, link to and display Content on or from your Fanatix Account and your accounts or profiles with third party sites ("User Content"); you represent, warrant and agree that with respect to User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and User Content. The Service may allow you to specify the User Content that will be accessed, linked to and displayed on or through your Fanatix Account.
The Service may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") User Content to the Services (the "User Submissions"). By posting User Submissions on the Website or otherwise through the Service:
- You represent and warrant (and will promptly demonstrate to Fanatix's satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Fanatix (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual's identifying or personal information on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to Fanatix and all users of the Service;
- You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
- You understand that Fanatix shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that Fanatix will not be liable for any errors or omissions in any content; and that Fanatix cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Fanatix does not endorse and has no control over any User Submission. Fanatix cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Fanatix has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. Fanatix may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Fanatix be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Fanatix has no special relationship with or fiduciary duty to you. You acknowledge that Fanatix has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fanatix from all liability for you having acquired or not acquired Content through the Website or otherwise through the Service. The Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Fanatix makes no representations concerning any content contained in or accessed through the Service, and Fanatix will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FANATIX, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): FANATIX MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
Fanatix will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Fanatix's equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.
General Content Disclaimer
The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Fanatix makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Fanatix shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.
Limitation of Liability
IN NO EVENT SHALL FANATIX, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR YOUR RELIANCE ON THE SERVICE.
No Authorisation Where Illegal
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
Integration and Severability
Copyright and Trademark Notices
"Fanatix" and "Fanatix.com" are either trademarks or registered trademarks of Tixdaq Limited. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.
Copyright Infringement Policy and Notice Procedure
Fanatix has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act and other applicable laws. The address of Fanatix's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Fanatix's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Fanatix web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Fanatix is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorised by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is received by the Designated Agent:
It is Fanatix's policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Fanatix will terminate such content provider's, member's or user's access to the service.
- Procedure to supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the English Courts for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United Kingdom, for any judicial district in which Fanatix is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Fanatix may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fanatix's discretion.
Please contact Fanatix's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: George Prior, Tixdaq Limited, Top Floor, 23 Pembridge Square, London, W2 4DR, UK, (Telephone) +44 20 7792 2852.
BY USING THE FANATIX SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.