FANSITEPRODUCTIONS.COM TERMS AND CONDITIONS
The following are the terms and conditions for use of fansiteproductions.com and various other Web sites and web pages operated by Fan Site Productions, LLC ("FSP") or its affiliates (collectively, the "FSP Web Sites").
The FSP Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FSP Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular FSP Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that FSP Web Site (the "Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular FSP Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Cookies: When you visit fansiteproductions.com, we might send a cookie to your browser, which may then be stored on your system. (A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.) This cookie may be used on future visits to determine whether you have been to the site before. This cookie does not contain any personal information and it is only used so that we can create aggregate statistics of "first time visitors" to the site. The cookie may also be used to facilitate the auto-login feature of the site. The user has to select to have their login information stored in the cookie, otherwise it will not be stored.
IP Address: A visitor's IP address might be captured and associated with voluntarily submitted information.
Children under 13: fansiteproductions.com does not accept submissions from children under the age of 13 due to the Children's Online Privacy Protection Act ("COPPA"). COPPA was enacted to prevent websites from collecting and/or distributing information from children without their parents' consent. For more information on COPPA, please refer to the Federal Trade Commission Website. If you are under 13, please get your parent's permission to view this site.
Collected Information: You might give us information about yourself voluntarily by submitting any of the contact forms on the site ('Contact', 'Join', etc.)
We do NOT do the following with the personal information: We do not share your personally identifiable information with any third party for any purpose without your consent, except that we may employ other companies and individuals to perform functions on our behalf for activities such as analyzing data and providing marketing assistance. They have access to personal information needed to perform their functions, but may not use it for any other purposes.
We do not add you to our email newsletter mailing list(s) without your consent. Information on how to remove your address is included in any newsletter that we might send out.
Third party commerce partners: As a visitor, you may also purchase CDs, digital music, tickets, or merchandise through other sites that we link to or provide advertising for. Be advised that our privacy policy does not apply to any of our commerce partners. For your protection, before providing personal information at any website, you may wish to read and understand their privacy policy.
Advertisements: Fan Site Productions is not responsible for the privacy statements or other content on web sites outside of the fansiteproductions.com web site, including those of our potential advertisers.
Changes to this Privacy Policy: Fan Site Productions may amend this policy from time to time to reflect company and customer feedback. We encourage you to periodically review this statement to be informed of how we are protecting your information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular FSP Web Site or any product or service offered on any FSP Web Site (each a "FSP Site/Service", and collectively "FSP Sites/Services") requires you to open an account, you must complete the registration process by providing FSP with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FSP immediately of any unauthorized use of your account or any other breach of security. FSP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FSP or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
FSP reserves the right to change the terms, conditions, and notices under which the FSP Sites/Services are offered, including but not limited to the charges associated with the use of the FSP Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the FSP Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the FSP Sites/Services are for your personal and non-commercial use. The content available through the FSP Sites/Services is the property of FSP or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the FSP Sites/Services.
You acknowledge that FSP retains exclusive ownership of the FSP Sites/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the FSP Sites/Services or their contents, and FSP reserves all rights not expressly granted hereunder. Without the Advance express written permission of FSP, you may not "meta-search" The FSP Sites/Services, send, or cause to be sent, any automated queries of any sort to the FSP Sites/Services, or use the FSP Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any FSP Sites/Services to determine how a Web site "ranks" on any FSP Sites/Services.
LINKS TO THIRD PARTY SITES
The FSP Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of FSP, and FSP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FSP is not responsible for web casting or any other form of transmission received from any Linked Site nor is FSP responsible if the Linked Site is not working appropriately. FSP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FSP of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the FSP Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FSP shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FSP Sites/Services, you will not use the FSP Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FSP Sites/Services in any manner that could damage, disable, overburden, or impair any FSP Site/Service(s) (or the network(s) connected to any FSP Site/Service(s)) or interfere with any other party?s use and enjoyment of any FSP Site/Service(s). You may not attempt to gain unauthorized access to any FSP Site/Service, other accounts, computer systems or networks connected to any FSP Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FSP Sites/Services.
USE OF SERVICES
The FSP Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, 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:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). 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, obscene, indecent or unlawful topic, name, material or information.Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the FSP Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Use of meta tag searches on the FSP Web Sites. Advertise or offer to sell or buy any goods or services for any businesspurpose, unless such Communication Service specifically allows such messages.
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. 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.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an FSP Site/Service(s) or other user or usage information or any portion thereof.
FSP has no obligation to monitor the Communication Services. However, FSP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
FSP reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
FSP reserves the right at all times to disclose any information as FSP deems 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 FSP's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. FSP does not control or endorse the content, messages or information found in any Communication Service and, therefore, FSP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FSP spokespersons, and their views do not necessarily reflect those of FSP.
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 the materials.
MATERIALS PROVIDED TO FSP OR POSTED AT ANY FSP WEB SITE
FSP does not claim ownership of the materials you provide to FSP (including feedback and suggestions) or post, upload, input or submit to any FSP Site/Service or its associated services for review by the general public, or by the members of any public or private Community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting FSP, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all FSP Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of an FSP Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. FSP is under no obligation to post or use any Submission you may provide and FSP may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms and Conditions 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 FSP SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FSP SITES/SERVICES AND TO THE INFORMATION THEREIN. FSP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FSP SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE FSP SITES/SERVICES 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.
FSP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE FSP SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FSP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT FSP SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN FSP SITE/SERVICE. YOU SPECIFICALLY AGREE THAT FSP IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER?S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT FSP IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN FSP SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL FSP AND/OR ITS SUPPLIERS 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 FSP SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FSP SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FSP SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FSP SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FSP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME 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 FSP SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FSP SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that FSP may establish limits concerning use of any FSP Service offered on an FSP Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any FSP Service, the maximum number of e-mail messages that may be sent from or received by an account on any FSP Service, the maximum size of an e-mail message that may be sent from or received by an account on any FSP Service, the maximum disk space that will be allotted on FSP?s servers on your behalf, and the maximum number of times and duration you may access any FSP Service in a given period of time.
You agree that FSP has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any FSP Service. You acknowledge that FSP reserves the right to log off accounts that are inactive for an extended period of time.
FSP MAKES NO WARRANTY THAT ANY FSP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
FSP reserves the right, in its sole discretion, to terminate your access to any or all FSP Sites/Services and the related services or any portion thereof at any time, without notice.
FSP may also terminate or suspend your access to FSP Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by FSP. Upon termination of the FSP Site/Service, your right to use the FSP Site/Service immediately ceases.
FSP shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
FSP will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay FSP liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay FSP's actual damages, to the extent such actual damages can be reasonably calculated.
SUBSCRIPTION-BASED CONTENT
Some contents and/or services on the FSP Sites/Services may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a "Subscription"). If you elect to purchase Subscription-based content/services and transmit to FSP a Subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use. Unless otherwise expressly specified in the terms of the Subscription, payment of all Subscription fees is final and non-refundable. If you cancel an automatically renewing Subscription, you will not be charged the periodic Subscription fee thereafter (but there are no refunds of Subscription fees previously paid).
GENERAL
This agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Richmond, Virginia, U.S.A. in all disputes arising out of or relating to the use of the FSP Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSP as a result of this agreement or use of the FSP Sites/Services. You agree to indemnify and hold FSP, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys? fees, asserted by any third part due to or arising out of your use of or conduct on the FSP Sites/Services. FSP reserves the right to disclose any personal information about you or your use of the FSP Sites/Services, including its contents, without your prior permission if FSP has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of FSP or its affiliated companies; (3) enforce the Terms and Conditions; or (4) act to protect the interests of its members or others. FSP?s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FSP?s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FSP Sites/Services or information provided to or gathered by FSP with respect to such use. 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 FSP with respect to the FSP Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FSP with respect to the FSP Sites/Services. A printed version of this agreement 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions, please contact us.