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Terms of Use

TERMS OF USE

This is the Internet web site of Fanspeak LLC.  Please read and consider these Terms of Use before using this web site.  These Terms of Use constitute a legally binding Agreement between you and Fanspeak.  Your use of this site signifies your acceptance of all of these Terms of Use.  By using the site you agree to abide by and to be bound by all of the provisions of the Terms of Use.  If you do not want to be bound by these Terms of Use, you must not use the site.  In some instances, special terms may be applied to certain services, activities or content.  In such cases, those special terms will be posted in conjunction with those special circumstances.  Those special terms are in addition to these Terms of Use.  If there is a conflict between those special terms and the Terms of Use defined as follows, the special terms will prevail over these Terms of Use.  You acknowledge that there is valuable and reasonable consideration associated with these Terms of Use.  You also acknowledge that the consideration provided is adequate.  The consideration includes, but is not limited to, your use of the web site and access to its content, information, activities, and other materials.  The consideration also includes the potential display or other use of material you might submit to this site and the promotional publicity you might derive from such use.

Fanspeak may modify these Terms of Use from time to time, at its sole discretion and without prior notice.  All such modifications shall be effective immediately upon posting on the Fanspeak web site.  By continuing to use this web site and its content after such modifications have been posted, you are accepting agreeing to be bound by all such modified terms.  We encourage you to review these Terms of Use periodically.

Use of Fanspeak services, content, and activities is void where prohibited.

Fanspeak Content: All materials presented by Fanspeak on this web site are our copyrighted property or the copyrighted property of our licensors or licensees.  Similarly all trademarks, trade dress, trade names, and service marks are our property or the property of our licensors or licensees.  No content from this web site may be reproduced, distributed or used in any other way without prior written consent from Fanspeak.  However, if the web site is configured to enable download of specific content, one copy of that content may be downloaded to a single computer solely for personal use.  All such downloaded material may be used for personal, noncommercial use provided that all copyright notices are retained intact, the content is not modified, and the content is not used in a manner that implies a connection with Fanspeak or its products or services.  If software downloads are offered on the web site, all such downloads are licensed to you by us (or by third-party licensors) solely for noncommercial, personal use.  Title to the software is not transferred to you, and you may not distribute or make other use of the software.  You may not convert the software to human-readable form, and you may not reverse-engineer or otherwise decompile the software.  If authorized in writing by Fanspeak to make additional use of its copyright protected material, you agree to adhere fully to all conditions for such additional use required by Fanspeak.

User Postings: Fanspeak does not claim ownership of materials (including text, video, images, and audio) posted on the site by users.  However, by posting such content on this site, you grant to Fanspeak a non-exclusive, fully-paid and royalty-free, perpetual limited license to use, modify, edit, reproduce, publicly display and perform, and distribute the posted material in all media, all formats, and all geographic markets.  The license you grant to Fanspeak permits Fanspeak to sub-license its rights to other parties.  By posting content on this site, you represent and warrant that you own that content or that you control all rights in that content necessary to grant to Fanspeak the limited license described above.  Additionally, by posting the content, you represent and warrant that use of the content by Fanspeak does not violate any privacy rights, publicity rights, contract rights, copyrights, or any other rights of any person or entity.  By posting the material, you also represent and warrant that the content does not constitute libel, slander, or any other form of defamation against any party.  By posting material you further represent and warrant that use of the content is not illegal in any jurisdiction.  You agree to pay on a timely basis all fees, royalties, and other amounts owed to other parties as a result of your posting of content on this web site.  You are solely responsible for all such required payments.

Removal of User Content: Fanspeak reserves the right, exercisable at its sole discretion and without prior notice to you, to refuse to post material and to remove posted material that Fanspeak deems to be objectionable or inappropriate.  Fanspeak also reserves the right, exercisable at its sole discretion and without prior notice to you, to restrict, suspend, or terminate your access to any or all of the Fanspeak web site content, activities, and services.  If at any time Fanspeak chooses, at its sole discretion, to monitor this web site for inappropriate content or conduct, Fanspeak assumes no responsibility for the content or conduct on the site, and Fanspeak assumes no obligation to remove or modify inappropriate content or to stop inappropriate conduct.  All decisions by Fanspeak regarding refusal of postings, removal of content, and termination of access are final and are not subject to reconsideration or review.

Prohibited User Content and Conduct: As a user of the Fanspeak web site you are solely responsible for all content that you post on this site and for all conduct that you engage in through use of this site, and all of your offline conduct.  Content and conduct prohibited on the Fanspeak web site includes, but is not limited to, that which is: illegal, threatening/harassing, racist/hate-based, violent, sexually exploitive, offensive language, fraudulent/deceptive, harmful or damaging to other persons or property, or infringing on legal rights of other parties.  Fanspeak decisions regarding inappropriate content and conduct are final and are fully binding on all Fanspeak users.  Fanspeak can not ensure that all users of its site and services will comply with the Fanspeak content and conduct restrictions, thus you acknowledge that by using this web site you accept all risk of harm that may result from any failure of compliance with these Terms of Use by other users of this web site. You should be cautious regarding the accuracy and validity of content provided by other users of this web site.  You acknowledge that your use of any information or other content provided by other site users is solely at your own risk.

User Disputes: All users of the Fanspeak web site are solely responsible for their interaction with other users and for resolution of any disputes that may arise involving other users.  Fanspeak has no obligation to be involved in any such disputes among site users, however, Fanspeak reserves the right, exercisable at its sole discretion, to become involved in such disputes if it so chooses.

Copyrights: You may not post or otherwise make available any material that infringes on the copyright, patent, trademark, trade secrets or other proprietary rights of any party.  If you believe that your copyright or other intellectual property rights have been infringed upon as a result of content on the Fanspeak site, please provide the following information to Fanspeak: 1.) full description of the works that you believe have been infringed; 2.) information sufficient to enable us to locate the material in questions (e.g., URL location of the allegedly infringing material); 3.) information that will enable us to contact you (including, postal address, telephone number, e-mail address); 4.) a statement by you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 5.) a signed (either physically or electronically) statement from you (under penalty of perjury) that the information you are providing is accurate and that you are the copyright owner or are legally authorized to act on behalf of the copyright owner.  All copyright notices, as described above, may be submitted by hard copy to:  Fanspeak LLC, Attn: Copyright Agent, 4633 36th Street, #A1, Arlington Virginia 22206; by e-mail to: info@fanspeak.com; or by telephone to 703-599-2983.

Privacy: Fanspeak has established a specific Privacy Policy to govern management of Personally Identifiable Information it obtains from users.  The Privacy Policy is accessible through this web site.  Please take the time to review the Fanspeak Privacy Policy.  The terms of that Privacy Policy are herby incorporated into these Terms of Use and are made part of this Agreement between you and Fanspeak.  The Privacy Policy may be modified from time to time without prior notice.  Please review the Privacy policy periodically to ensure that you are aware of its current provisions.

Loyalty Points and Rewards: Fanspeak may, at times and subject solely to its own discretion, offer loyalty points and rewards for users who participate in Fanspeak services and activities.  Fanspeak reserves the right, exercisable at its sole discretion without advance notice, to establish and to modify the rules and conditions associated with those loyalty and reward offerings.  Additionally, Fanspeak reserves the right to terminate such offerings at its sole discretion and without advance notice.  To the extent that points are rewarded as part of those offerings, Fanspeak reserves the right to audit all user accounts to review and authenticate the number of earned points.  Accumulated points shall not be your personal property.  No transfer, assignment, sale or barter of earned points shall be permitted.  Earned points will remain in your account until they are redeemed or they expire.  User inactivity may result in loss of points.  Accounts may be terminated and points lost if you do not comply with all rules and regulations associated with the points program and with all of the provisions of these Terms of Use.  All award redemption requirements shall be established and enforced by Fanspeak.  The basic redemption process will generally involve exchange of earned points for awards through the Fanspeak web site.  Specific requirements regarding necessary points and redemption procedures will be established by Fanspeak, at its sole discretion.  Participation in these loyalty points programs may be prohibited or restricted in some countries and other jurisdictions.  Nothing in these terms should be viewed as an effort to override or circumvent such laws and regulations.  The loyalty points program is subject to cancellation, modification, and limitation at Fanspeak’s sole discretion, without advance notice.   Accumulation of points does not entitle participants to any vested rights to any awards.  Users can not rely on continued availability of any points or awards.  Participants in the loyalty points program are responsible for remaining knowledgeable as to the rules of the program.  Recipients of any rewards are solely responsible for any tax or other legal obligations arising from receipt of such rewards.  All decisions by Fanspeak regarding loyalty points and rewards are final and are not subject to reconsideration or review.

Export Controls: U.S. federal law restricts the international export of certain technologies (including software), technical know-how, and goods/services.  By acquiring or accessing any such items through this web site, you represent and warrant that your acquisition and use of those items is in full compliance with U.S. export control restrictions.  No items from this site may be accessed or used without prior receipt of appropriate federal export licenses and approvals, as may be required.  You are solely responsible for obtaining all such necessary licenses and approvals.  You also represent and warrant that you will not distribute any controlled technologies or share any controlled information in violation of U.S. federal export control regulations.

Disclaimers: Fanspeak is not responsible for content provided by users of this web site.  Fanspeak makes no warranties, express or implied as to the accuracy or reliability of content posted or otherwise provided by users of this site.  Fanspeak is not responsible for the conduct (either online or offline) of any of the users of this web site.  Fanspeak is not responsible for the content, services or operations of web sites to which the Fanspeak site is linked.  Existence of links between this site and other web sites does not constitute endorsement or approval of the linked site, its content, its owners and operators, its partners or its users.  Fanspeak assumes no responsibility for advertisements presented on this web site or for the goods or services offered by those advertisers.  Fanspeak is not responsible for any failure of delivery or unauthorized alteration of any user communication.  Technical malfunctions involving telecommunications or computer equipment (or software) are not the responsibility of Fanspeak.  Fanspeak is not responsible for failures associated with Internet congestion or inability to access the Fanspeak web site and associated content, services or activities.  Fanspeak is not responsible for any injury or damage resulting from, or related to, downloads of software or other materials or content from the Fanspeak web site.  Fanspeak shall not be responsible for any loss or damage, including personal injury or death, resulting from use of this web site, participation in activities or services offered through this web site, use of content provided by users of the Fanspeak web site, or the conduct (either online or offline) of any Fanspeak user.  ALL FANSPEAK SERVICES AND CONTENT ARE PROVIDED “AS-IS”.  FANSPEAK EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  FANSPEAK DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS WEB SITE OR THE FANSPEAK SERVICES OR CONTENT.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FANSPEAK, ITS LICENSORS OR LICENSEES, OR ITS SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, DEATH OR PERSONAL INJURY, AND PROPERTY DAMAGE OF ANY SORT AS A RESULT OF 1.) YOUR USE OR INABILITY TO USE THE FANSPEAK WEB SITE, FANSPEAK CONTENT OR FANSPEAK SERVICES OR 2.) THE ACTIONS OR CONDUCT (EITHER ONLINE OR OFFLINE) OF ANY USER OF THE FANSPEAK WEB SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF FANSPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO FANSPEAK.

Indemnity: You agree to indemnify, defend, and hold Fanspeak, its licensors, licensees, distributors, officers, agents, employees, representatives and other authorized users, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement and other legal costs) incurred by the Indemnified Parties in connection with a breach by you of these Terms of Use.

Legal Jurisdiction and Venue:  You agree that these Terms of Use shall be governed by, and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.  This Agreement operates to the fullest extent permissible by law.  If any portion of these Terms of Use shall be deemed to be unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the enforceability and validity of the remaining provisions.  You and Fanspeak agree that any action at law or equity under this Agreement shall be filed in the state or federal courts of the Commonwealth of Virginia, and that venue properly lies there.  You and Fanspeak agree to submit to the exclusive jurisdiction of the courts in the Commonwealth of Virginia.  YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE UNDER THESE TERMS OF USE MUST BE INITIATED WITHIN ONE YEAR AFTER THAT CAUSE OF ACTION ACCRUES.  AFTER THAT ONE YEAR PERIOD, THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.