FanBuff.com Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
FanBuff.com offers a website service. FanBuff.com is a community, profile, publishing, social networking,
and image sharing service for consumers. The services offered by FanBuff.com include the FanBuff.com website, and any other features, content, or applications offered from time to time by FanBuff.com in connection with the FanBuff.com website (collectively, the "Service"). This Terms of Service Agreement ("Agreement") sets forth legally binding terms for your use of the Service. By using the Service you accept and agree to be bound to the following terms and conditions whether or not you register as a Member or pay for Services on FanBuff.com or its affiliated properties.
FanBuff.com will use the following terms in this Agreement:
a."Content" - all data, text, files, images, photos, video, sounds, musical works, works of authorship, information, links or any other materials.
b."Club Administrators" - Individuals who manage a fan club on FanBuff.com and/or their affiliates or designees.
c."Member" - a user that completes the FanBuff.com registration process.
d."post" or "posting" - publish or display.
Rules of Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You are solely responsible for all Content that you post, upload, email, transmit or otherwise make available on the Service, or any material or information that you transmit to other Members. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the particular
club in which you are participating. While FanBuff.com prohibits specific conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk. Under no circumstances will FanBuff.com be liable in any way for any Content.
You agree to use the Service in ways that are respectful to other users and their experience and in a manner consistent with any and all applicable laws and regulations. You agree not to use the Service to:
a.Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar or obscene (unless within the scope of the topic area of a message aboard as determined by FanBuff.com in its sole discretion), libelous, invasive of another's privacy, hateful or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
b.Exploit people in a sexual or violent manner;
c.Solicit personal information from anyone under the age of 18;
d.Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
e.Impersonate another person or entity, whether or not a Member of FanBuff.com;
f.Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
g.Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (collectively the "Proprietary Rights"), unless you are the owner of the Proprietary Rights or have the permission of its owner to post such Content;
h.Upload, post, email, transmit or otherwise make available any Content that promotes an illegal or unauthorized copy of the copyrighted work of another, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i.Upload, post, email, transmit or otherwise make available any Content that provides instructional information about illegal activities such as making or buying illegal weapons or promote physical harm or injury against any group or individual, violating someone's privacy, or providing or creating computer viruses;
j.Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other material contained in a file that is posted;
k.Promote, engage or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, disruptive commercial messages, false or misleading information or any other form of solicitation;
l.Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
m.Attempt to reverse engineer, disassemble, decrypt or decompile the Service or any systems of FanBuff.com or its affiliated organizations;
n.Do anything that may interfere with the operation of the Service, including, but not limited to, hacking, spamming and flood attacking;
o.Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
p.Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
q.Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
r.Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by FanBuff.com;
s.Create user accounts by automated means, or under false or fraudulent pretenses; or
t.Cover or obscure the banner advertisements on your personal profile page, or any FanBuff.com page via HTML/CSS or any other means.
If you use the Service to commit any of the above, FanBuff.com may, in its sole discretion, terminate your password, account or ability to use the Service, and remove and discard any Content within the Service.
Although FanBuff.com cannot monitor the conduct of its Members off the website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our users from such advertising or solicitation, FanBuff.com reserves the right to restrict the number of system-generated emails which a user may send to other users in any 24-hour period to a number which FanBuff.com deems appropriate in its sole discretion.
You understand and agree that FanBuff.com may review and delete any Content in its sole discretion. You also agree that FanBuff.com owns all profiles,
clubs and subdomain addresses within its network, and may take any action with respect to any address at any time for any reason in its sole discretion.
FanBuff.com does not claim any ownership rights in any Content that you post to the Service. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Service, you hereby grant to FanBuff.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service. Without this license, FanBuff.com would be unable to provide the Service. The license you grant to FanBuff.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to FanBuff.com), fully-paid and royalty-free (meaning that FanBuff.com is not required to pay you for the use on the Service of the Content that you post), sublicensable (so that FanBuff.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Content from the Service. The license does not grant FanBuff.com the right to sell your Content, nor does the license grant FanBuff.com the right to distribute your Content outside of the FanBuff.com and its sublicensees Services.
You understand that all Content, whether posted in public or restricted groups, is the sole responsibility of the originator of such Content. This means that you, and not FanBuff.com, are entirely responsible for all Content that you post, upload, distribute, disseminate or otherwise transmit via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FanBuff.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or loss or damage of any kind whatsoever incurred as a result of the use of or exposure to any Content through the Service. You agree that you must evaluate, and bear all risks associated with, the use of or exposure to any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that FanBuff.com does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content made available via the Service. If FanBuff.com discovers Content that does not appear to conform to this Agreement, FanBuff.com may investigate and determine in good faith and in its sole discretion whether or not to remove the Content. FanBuff.com is under no obligation to do so and FanBuff.com will have no liability or responsibility for performance or non-performance of such activities. You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they post. You may also contact the
Club Administrator to request a removal.
You acknowledge and agree that FanBuff.com may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FanBuff.com its users and the public.
You are solely responsible for your interactions with other users of the Service. FanBuff.com reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
Eligibility and Registration
Membership in the Service is void where prohibited by law. You do not need to be a Member to read certain Content on FanBuff.com, however if you want to post messages you will need to complete the registration process. By using the FanBuff.com website and the Service, you represent and warrant that all registration information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information on an ongoing basis. To comply with the Children's Online Privacy Protection Act, at this time FanBuff.com is only available to users who are at least 13 years old. IF YOU ARE UNDER 13, YOU MAY NOT REGISTER TO USE THE SERVICE OR PROVIDE PERSONAL INFORMATION TO FanBuff.com THROUGH THIS WEB SITE.
Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other users. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service, and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions on the Member account page.
Some links on the Service lead to sites posted by independent site owners. Because FanBuff.com has no control over these sites and there is no relationship between FanBuff.com and these sites, FanBuff.com is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, FanBuff.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance by any user of other Content, goods, or services available on or through any other site, even if user has been directed there through a link posted on FanBuff.com.
CluC Club Administrators have additional capabilities and responsibilities with regard to the Members, users, and Content of a
club. The Club Administrator decides whether a club or any portion thereof is restricted to certain members, and the
Club Administrator may change the access to the club or any portion thereof at any time. In restricted areas, the
Club Administrator decides who may be a member, and can access and change the membership list in his or her sole discretion. A
Club Administrator may, at any time, transfer his or her administration of a
club to another FanBuff.com user. In regard to Content, a Club Administrator shall be responsible for the maintenance and monitoring of the Content in the
club, including deciding to and deleting any Content or archived Content at any time and in his or her discretion.
Limitations, Conditions and Rules Regarding Service
You agree that FanBuff.com may establish or change, in its sole discretion, at any time, with or without notice to you, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a Member may post to a specific
club or the Service in any given day, the number of days that posted messages will remain available, or the maximum size of a permitted post.
Modification and Termination of Service
FanBuff.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) or your use of the Service, with or without notice. You agree that FanBuff.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or your use of the Service or for the return of fees paid by you in connection with your use of the Service.
You agree that FanBuff.com may, in its sole discretion, at any time terminate your password, account (or any part of it) or ability to use the Service, temporarily or permanently, and remove and discard any Content posted by you within the Service, for any reason or for no reason. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that FanBuff.com shall not be liable to you or any third-party for any termination of your use or ability to access the Service. If FanBuff.com terminates your Membership in the Service for any reason, you shall not be entitled to the refund of fees paid to FanBuff.com or its affiliates. Even after Membership is terminated, this Agreement will remain in effect.
Specific reasons that FanBuff.com may terminate your access or use, include, but are not limited to:
a.lack of use.
b.violation of the letter or the spirit of this Agreement.
c.circumvention of any FanBuff.com banner display.
d.use in your registration for FanBuff.com Membership of an email account that is not your own or that is or becomes inactive.
e.reproduction, distribution, republication or retransmission of material posted by other FanBuff.com Members without the prior permission of such Members.
f.belief that your account may cause FanBuff.com to lose the services of its ISP or suppliers.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FanBuff.com, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.FanBuff.com AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY TO YOU BY FanBuff.com, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FanBuff.com, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FanBuff.com HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold each of FanBuff.com, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, parents and licensors, harmless from any and all claims, demands, liabilities, losses, damages, and/or expenses, including reasonable attorneys' and expert witness fees arising out of or relating to the use of the Services and/or in violation of this Agreement by you and/or any users of your FanBuff.com account, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from Content or other materials posted onto the Service by you, or the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.
Breaches of Security
Members, users and Club Administrators must promptly inform FanBuff.com of apparent breaches of security, including without limitation loss, theft, unauthorized disclosure or use of an ID or password or any violations of this Agreement. FanBuff.com ASSUMES NO LIABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY THAT MIGHT ARISE IN CONNECTION WITH THE LOSS, THEFT OR UNAUTHORIZED ACCESS TO OR DISCLOSURE OF AN ID, PASSWORD OR OTHER PERSONAL INFORMATION RELATING TO THE USE OF THE SERVICE. You expressly assume any and all liability in connection with actual and/or apparent breaches of security. Notice of actual or apparent security breaches should be immediately provided upon discovery and can be delivered to
Communication and Support
FanBuff.com may provide you with notices regarding the Service or this Agreement by email and/or posting on this web site. Even though you may request removal from the distribution of certain emails, FanBuff.com has the right to send messages from time to time that it believes would interest the Members and
Support for FanBuff.com Members is provided only through the help areas on the FanBuff.com web site and by email. FanBuff.com does not respond to telephone or postal inquiries for product support related matters.
This Agreement constitutes the entire agreement between you and FanBuff.com and governs your use of the Service, and supersedes all prior agreements between you and FanBuff.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FanBuff.com Services.
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. All provisions of this Agreement that by their terms extend beyond the termination of use of the Services or this Agreement shall survive such termination and remain in full force and effect.
This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in
The failure of FanBuff.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
FanBuff.com may modify this Agreement from time to time, in its sole discretion. Each time you use the FanBuff.com Services, you will be deemed to have accepted any such changes. FanBuff.com shall have no obligation to notify you of any such changes other than posting such modifications on the FanBuff.com Service, but FanBuff.com reserves the right, in its sole discretion, to provide you notice of such changes to any e-mail address you have provided to FanBuff.com, or the mailing address you have provided to FanBuff.com.