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 WEBSITE").
FANBREAD provides internet celebrities and YouTube stars (each a “User” and collectively, the “Users”) access to the FANBREAD WEBSITE to use FANBREAD’s website building tool to build their own personal website (“Website” or collectively, “Websites”). The website building tool acquires Content (defined below) from the User’s accounts with social media channels, including, but not limited to YouTube, Instagram, Twitter and Facebook (“Social Media Channels”), and displays all such Content on the User’s Website. Also, FANBREAD’s website building tool enables Users to create their own blog postings, collect email addresses from their fans for direct marketing purposes, host online events and/or classes and sell merchandise through online stores. In addition to its website building tool, FANBREAD offers its Users access to content that can be used to promote their Websites, including, but not limited to blog posts and videos created by FANBREAD and content acquired through its partnerships with blog networks. The foregoing services offered by FANBREAD are collectively referred to as the “Services” throughout this Agreement.
The FANBREAD WEBSITE is 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 WEBSITE is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or 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, please discontinue using the FANBREAD WEBSITE immediately because by using or attempting to use the FANBREAD WEBSITE, 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 WEBSITE.
In the event that FANBREAD or any of its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents, affiliates, nor 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 who has improperly registered with the FANBREAD WEBSITE, the minor’s parent or legal guardian always has the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g. unsubscribe) mechanism contained in the e-mail or message, or to request termination of the minor's registration and status as a registered User with the FANBREAD WEBSITE.
The words "use" or "using" in these Terms and Conditions, means any time an 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 from the FANBREAD WEBSITE, transmit, receive or exchange data or communicate with the FANBREAD WEBSITE, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the FANBREAD WEBSITE. 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.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials, obtained from your Social Media Channels or otherwise, uploaded, posted or stored in connection with your use of the Services (“Content”). By submitting Content to FANBREAD for inclusion on your Website, you hereby grant FANBREAD a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in order to provide the Services to you and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You expressly agree that use of the Content and the FANBREAD WEBSITE is at your sole risk. Neither FANBREAD, nor its Affiliates warrant that the FANBREAD WEBSITE 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 WEBSITE or as to the accuracy, reliability or content of any information, service or products provided through the FANBREAD WEBSITE. FANBREAD and the Affiliates make the Content available on the FANBREAD WEBSITE 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 this agreement.
FANBREAD and the Affiliates neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice, review or statement on the FANBREAD WEBSITE and particularly any Content, nor for any offensive, defamatory or obscene Posting made by anyone, other than authorized FANBREAD employee spokespersons while acting in their official capacities. Under no circumstances will FANBREAD or any Affiliates be liable for any loss or damage caused by your reliance on Content obtained through the FANBREAD WEBSITE and/or any Postings. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Content available through the FANBREAD WEBSITE. Reliance on any Content appearing on the FANBREAD WEBSITE is strictly at your own risk. Given the interactive nature of the FANBREAD WEBSITE, FANBREAD and the Affiliates cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our Users.
The FANBREAD WEBSITE is provided 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. The disclaimers of liability contained in this section apply to any damages or injury (physical or otherwise) caused by any 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. You specifically acknowledge that FANBREAD and the Affiliates are not liable for the defamatory, offensive or illegal conduct of other users of the FANBREAD WEBSITE or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will FANBREAD, the Affiliates or any person or entity involved in creating, producing or distributing the Content, the FANBREAD WEBSITE be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the FANBREAD WEBSITE or out of the breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all Content, the FANBREAD WEBSITE and/or any feature thereof. The liability of FANBREAD or any Affiliates to Users, if any, shall in no event exceed the total amount paid to FANBREAD.
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 WEBSITE 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 WEBSITE, these changes/updates shall become effective immediately and if you use the FANBREAD WEBSITE 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 WEBSITE at any time, without any liability or obligation to you, with or without notice.
A. FANBREAD hereby grants you permission to use the FANBREAD WEBSITE as set forth in these Terms and Conditions, provided that: (i) your use of the FANBREAD WEBSITE as permitted is solely for your personal, noncommercial use (unless FANBREAD grants you written permission to do so); (ii) you will not copy or distribute any part of the FANBREAD WEBSITE in any medium without FANBREAD's prior written authorization; (iii) you will not alter or modify any part of the FANBREAD WEBSITE other than as may be reasonably necessary to use the FANBREAD WEBSITE for its intended purpose; and (iv) you will otherwise comply with these Terms and Conditions.
C. You agree to abide by the “RULES OF CONDUCT” referenced in Section 14 below and not use or launch any automated system, including without limitation, “cookies,” "robots," "spiders," "offline readers," etc., that accesses the FANBREAD WEBSITE 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 WEBSITE, nor to use the communication systems provided by the FANBREAD WEBSITE 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 WEBSITE (“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 WEBSITE 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 WEBSITE 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 WEBSITE 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 the FANBREAD WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FANBREAD WEBSITE or the Content therein.
Users of the FANBREAD website building tool may create their own blog posts which may provide Users and their fans an opportunity to submit, upload, post, display, transmit and/or exchange information, opinions, advice, reviews, messages on the Website or otherwise on the FANBREAD WEBSITE and these are referred to in these Terms and Conditions as a "Post" or "Posting."
FANBREAD reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that FANBREAD deems inappropriate, for any reason or for no reason. Your use of Postings is solely at your own risk and you should not disclose or make available your personal information in any Posting.
FANBREAD neither endorses nor controls Postings available, delivered or displayed in the Communities, on the User’s Website or otherwise on the FANBREAD WEBSITE and FANBREAD assumes no duty to monitor or endorse Postings, nor does FANBREAD represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of these Terms and Conditions and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not the FANBREAD WEBSITE, are entirely responsible for the consequences of all your Postings on your Website, the Communities or otherwise on the FANBREAD WEBSITE. Postings do not reflect the views of FANBREAD or any Affiliates. In no event shall FANBREAD or any Affiliates have or be construed to have any responsibility or liability for any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of these Terms and Conditions, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms and Conditions, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the FANBREAD WEBSITE; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating your account on the FANBREAD WEBSITE.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize FANBREAD and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting FANBREAD and Affiliates a royalty- free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of these Terms and Conditions, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to FANBREAD, any Affiliates or any User, and (vi) FANBREAD shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant FANBREAD and Affiliates the right to use such Posting as described above. FANBREAD does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such Posting; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space within the FANBREAD WEBSITE per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
You understand that when using the FANBREAD WEBSITE, you will be exposed to Postings from a variety of sources, and that FANBREAD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to Postings that contain 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 the FANBREAD WEBSITE, hereby releases and forever discharges FANBREAD and its 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 WEBSITE, a Posting, 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 FANBREAD with respect thereto (individually and collectively, a “Claim”), and agree to indemnify and hold FANBREAD and 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 WEBSITE, and FANBREAD will remove all Content and Postings if properly notified that such Content or Posting infringes on another's intellectual property rights. FANBREAD reserves the right to remove Content and Postings without prior notice. FANBREAD will also terminate a User's access to the FANBREAD WEBSITE, if that User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Posting removed from the FANBREAD WEBSITE more than twice. FANBREAD also reserves the right to decide whether Content or a Posting 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. FANBREAD may remove such Postings and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any Posting or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright 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 WEBSITE should be sent ONLY to our Designated Agent.
NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
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: Karl House
Full Address of Designated Agent to Which Notification Should Be Sent:
409 Santa Monica Blvd. Suite 2D, Santa Monica, California 90401
Telephone Number of Designated Agent: (424) 744-8560
Facsimile Number of Designated Agent: (310) 919-1950
E-mail Address of Designated Agent: firstname.lastname@example.org
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 Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FANBREAD customer service through the FANBREAD WEBSITE. You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
FANBREAD permits you to link to materials on the FANBREAD WEBSITE for personal, non-commercial purposes only. FANBREAD reserves the right to discontinue any aspect of the FANBREAD WEBSITE at any time.
You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent;
Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside the United States. You may not sell items identified as “not for distribution within the United States” using the Services.
You may not offer or sell Commercial Products that we, in our discretion, determine to be inappropriate, offensive, sexually explicit, pornographic or violent.
You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
You may not offer or sell Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
You may not offer or sell Commercial Products that are manufactured as, or primarily intended to be used as weapons, including firearms, restricted devices or ammunition. FANBREAD reserves the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for the purposes of this Agreement.
You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
Without limiting any terms in this Agreement, we reserve the right to immediately remove Content related to offering or selling of Commercial Products in violation of this Agreement.
FANBREAD allows its Users to provide online classes and/or events on their Websites for participation by their fans (“Online Events”). Users may generate revenue from these Online Events by charging fees for participation. FANBREAD does not endorse, warrant or guarantee any Online Events and merely provides the platform for the Users and fans to interact for these Online Events. Users may not provide Online Events that we, in our discretion, determine to be inappropriate, offensive, sexually explicit, pornographic or violent. In addition, Online Events provided using the Services: (1) must comply with all applicable laws; (2) may not infringe upon any individual’s privacy or be libelous, slanderous or otherwise defamatory; (3) may not infringe or have the potential to infringe the intellectual property rights or proprietary rights of another; and (4) may not use images or names of any third party without first obtaining that third party’s permission. Without limiting any terms in this Agreement, FANBREAD reserves the right to immediately remove Content related to offering Online Events in violation of this Agreement.
Users may generate revenue by selling merchandise in Online Stores, charging fees for participation in Online Events, and providing advertisements and links to third party products and services on their Websites. FANBREAD will not be a party to or in any way monitor any transaction between Users on the one hand and buyers, Advertisers or third party providers of products or services on the other hand. Users take full responsibility for all taxes and fees of any nature associated with the foregoing revenue generating transactions and to collect, report and remit the correct amounts to the appropriate authority, including any sales tax related to the purchase or sale of Commercial Products.
Your use of the FANBREAD WEBSITE 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 under your User ID or as a result of your use of the FANBREAD WEBSITE. You shall not use, allow, or enable others to use the FANBREAD WEBSITE, or knowingly condone use of the FANBREAD WEBSITE 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 WEBSITE, 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 WEBSITE, or from advertising, linking or becoming a supplier to us in connection with the FANBREAD WEBSITE;
• 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, 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 WEBSITE, other Users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the FANBREAD WEBSITE or to use the FANBREAD WEBSITE 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 WEBSITE or the rights or use and enjoyment of the FANBREAD WEBSITE 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 WEBSITE, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You may terminate your account and User ID, if any, at any time and for any reason, by clicking on the “Terminate my Account” button located in your account settings profile page, however, in the event that you elect to terminate your account and User ID, you will lose the ability to access and/or utilize any information contained within your account. We may terminate your use of and account on the FANBREAD WEBSITE, 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 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FANBREAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FANBREAD WEBSITE AND YOUR USE THEREOF. FANBREAD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FANBREAD WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE FANBREAD WEBSITE 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE 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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FANBREAD WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 WEBSITE. FANBREAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FANBREAD WEBSITE OR ANY HYPERLINKED THE FANBREAD WEBSITE 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, ITS 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) 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 SECURE 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 WEBSITE, 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. 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 THE 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.
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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 debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the FANBREAD WEBSITE; (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; (iv) any Claims that User generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the FANBREAD WEBSITE.
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.