FANFOUND USER AGREEMENT
Welcome to FanFound.com!
FanFound.com is a website
provided by Chordcraft Music Company.
The User Agreement below is for all users effective February 1st, 2007.
'In an effort to help you to understand this
Agreement, we have tried to make this document as reader friendly as possible.
THE FOLLOWING DESCRIBES THE
TERMS ON WHICH CHORDCRAFT MUSIC COMPANY OFFERS YOU ACCESS TO ALL
FANFOUND.COM SERVICES. YOU AS A REGISTERED MEMBER MUST
ACCEPT THIS USER AGREEMENT IN ORDER TO USE OUR SERVICES. BY USING FANFOUND.COM YOU REPRESENT AND WARRANT THAT YOU AGREE TO AND WILL ABIDE BY ALL
OF THE TERMS AND CONDITIONS SET
This Agreement describes
the terms and conditions applicable to your use of our services available under
the domain and sub-domains of www.fanfound.com and the general principles for
the websites of our subsidiaries and international affiliates. If you are not
in agreement with the terms and conditions of this Agreement, please do not use
or access our services.
You must read, agree with
and accept all of the terms and conditions contained in this User Agreement and
the Privacy Policy, which include those terms and conditions expressly set out
below and those incorporated by reference, before you may become a member of FanFound.
We strongly recommend that after you read this User Agreement, you also access
and read other pertinent pages of the FanFound.com and or Chordcraft.com web
site, as they may contain further terms and conditions that apply to you as a FanFound
user. Software integrated within FanFound may require additional terms. You also may be required to download software or
content and/or agree to additional terms and conditions associated with those
applications. Unless otherwise provided by the additional terms and conditions,
they are hereby incorporated into these Terms. FanFound may also integrate
with other services provided by third parties. If you access or use FanFound through
a third party website or other interface, or use a software
or other product in connection with FanFound, you may be subject to additional
terms and conditions.
We may amend this Agreement
at any time by posting the amended terms on our site. Except as stated below,
all amended terms shall automatically be effective after they are initially
posted on our site. This Agreement is effective on February 1st,
2007 for new registering users and for all existing users who registered prior
to February 1st, 2007. Any use of the Service after amendment of the
Terms will constitute acceptance by you of such changes. Your sole remedy should
you not agree with the amended Terms shall be to terminate your account and to
cease use of the Services.
1. Authority to Enter Agreement
You have all necessary
power, right and authority to enter into and perform as required under this
Agreement. You also assert that you are not barred or banned from receiving the
Services under the laws of the
2. Eligibility
ONLY USERS WHO ARE 13 YEARS
OF AGE OR OLDER MAY REGISTER FOR FANFOUND. Chordcraft operates FanFound in
compliance with the Children 's Online Privacy Act of 1998, and do not permit
registration by, and will not knowingly collect or use personally identifiable
information from, anyone under 13 years of age. By completing the registration
process for the FanFound website, you represent that you are 13 years of age or
older, and can and will be legally bound by this Agreement. If you are a minor,
your parent or guardian must read and accept the terms of this Agreement before
you register. No Member may participate where doing so would be prohibited by
any applicable law or regulation.
3. Accuracy
All information provided by
you to FanFound is provided to Chordcraft, and must be true, accurate, valid,
current and complete. You also attest to the fact the e-mail address provided
is regularly checked. Members are also required to maintain and update all
such information in order to ensure that it remains true, accurate, current,
and complete. Each time you update such information, you represent and warrant
that such information is true, accurate, current, and complete. 'If you do not provide such information, or
Chordcraft reasonably suspects that you have not, Chordcraft has the right to
suspend or terminate your account and refuse any and all use or access to FanFound
and all other Chordcraft services. Such suspension or termination will result
in forfeiture of any monies, prizes or awards won in any contest or agreement.
4. Term
This Agreement shall remain
in full force and effect while you use the FanFound Services or are a Member.
You may terminate your Membership at any time, for any reason, by sending an
email to Help@FanFound.com
or using any other implanted termination mechanisms included in the FanFound
application. FanFound may terminate your Membership at any time, without
warning or reason. Ongoing and continued use of FanFound signifies agreement
with Terms, additions and changes.
5. Description
of Services
'As a Member, you will be provided
with a variety of services, as described on the FanFound website. Members may
also utilize certain additional services offered from time to time such as but
not limited to; shopping and e-commerce offerings, audio streaming, audio
downloads, visual media streaming, visual media downloads and various
informational services. Chordcraft reserves the rights to enhance, modify, or discontinue
the services, in whole or in part, at any time, for any reason, or for no
reason at all, at Chordcraft 's sole discretion, with
or without notice to Members, and with no obligation to Members.
6. Member Conduct
Use of the FanFound
Services by you is subject to all applicable local, state, national and
international laws and regulations. Chordcraft reserves the right, but does not
assume any obligation, to monitor the Services to enforce this Agreement. Nor
does Chordcraft guarantee that any monitoring it does perform will be to the
Member's satisfaction. Upon learning of any violation of this Agreement,
Chordcraft, at its sole discretion, may terminate your access to and use of the
Services, require you to remedy such violation, and/or take any other actions
that Chordcraft deems appropriate to enforce its rights and pursue all
available remedies. Three registration avenues are available: A Member can
register as a musician ( 'Artist '); music fans, users, or general public
( 'Fan '); or an account can be created for a business that is involved with or
uses musicians music and services ( 'Business '). Without limitation, Chordcraft
reserves the right to terminate your access to and use of the Services if, in
our view, your conduct fails to meet any of the following guidelines:
6.1 Members shall not
engage in any activity that constitutes harassment, including, but not limited
to, excessive Fan to Fan solicitation when using interactive social networking
functions.
6.2
Members agree that: (a)
your account is for your sole, personal use (or use for the entity on whose
behalf you are entering into this Agreement); (b) you will not authorize others
to make any use of any kind of your account or profile; (c) you will not make
any use (of any kind) of Services, this site, or its contents for any
commercial purposes, nor will you authorize others to do so, unless adhering to
Terms and participating in Services already provided through FanFound. '
6.3 Members shall not
attempt to gain unauthorized access to FanFound 's
database or other computer systems.
6.4 Members shall not
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse
engineer any software programs used by FanFound in connection with the FanFound
website or the Services.
6.5 Members agree not to:
(a) make any automated use of the system, which include but is not limited to,
use of scripts, data mining, robots, or similar data gathering and extraction
tools; (b) make available any material that contains software viruses, worms,
any other code, files or programs that limit FanFound functionality or are of a
destructive nature; (c) interfere with, disrupt, or create an undue burden on
the FanFound or the networks or Services connected to the FanFound; (d) act in
a manner that negatively affects the ability of other Members to use the
FanFound.
6.5 Members shall not use
any portion of the FanFound website or the Services for uploading, posting,
emailing, transmitting or otherwise making available junk mail, commercial
advertisements, or any other form of commercial solicitation.
6.6 Members shall not
engage in unwanted mass friend requests to unsuited recipients, meaning, users
who would not welcome such a request. It is at Chordraft 's
sole discretion to judge what such a violation entails. If thought to be
participating in mass friend requests for commercial purposes, your account
will be terminated, and you may be liable for damages associated with such a
practice.
6.7 Members who are
registered as musicians, bands, orchestras, or any other musical performer
( 'Artists ') are not allowed to solicit to members registered as Fans ( 'Fans ')
unless specifically designated from the Fan that such a solicitation is
welcome. This designation is done through assigned mechanisms in FanFound
aiding bands to communicate to Fans.
6.8 Members who are registered
as Fans shall not be involved in mass solicitation to other Fans. This
solicitation involves, but is not limited to, unwanted concert information,
band information, song information, album information, or any other information
that involves promotion of a band or musician to another uninterested Fan.
Members are able to customize the amount of information they receive for the
sole purpose of avoiding unwanted solicitation. If believed that you are
participating in this solicitation, your account will be terminated.
6.9
Members agree to keep
account passwords secure and confidential and not to disclose it to anyone and
will not permit any third party to access your account. You agree to
notify Company immediately of any actual or suspected unauthorized use of your
password or account or other breach of security.
6.10 Members shall not
attempt to interfere with any other person's use of the Services.
6.11 Members shall not
misrepresent their identity or impersonate any person. Such an impersonation
can be considered identity theft, and will be subject to all applicable laws
associated with such a crime. Should impersonation or identity theft occur from
your account, you claim all responsibility for damages occurred. This responsibility
includes all liability for any monies, prizes, or awards earned through this
misrepresentation, along with other associated damages. You also agree to pay
for all applicable legal fees that might be associated with such damage
occurred to Chordcraft, other Members, affiliates, or any other entity.
6.12 Members shall not
engage in any illegal activity and agree specifically not to: (a) engage
in any criminal activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
sending of viruses or other harmful files, copyright infringement, patent
infringement, theft of trade secrets, violation of export control laws or any
other use of the Service in a manner inconsistent with any and all applicable
local, state, national and international laws and regulations or (b) use the
Service for any illegal or unauthorized purpose. International Users must
comply with all local laws regarding online conduct and acceptable content.
6.13 Members shall not use
any portion of the FanFound website or the Services for uploading, posting,
emailing, transmitting or otherwise making available content, that is harmful,
threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful,
or racially, ethnically or otherwise objectionable.
6.14 Members shall not use
any portion of the FanFound website or the Services for uploading, posting,
emailing, transmitting or otherwise making available messages that are harmful
to minors in any way.
6.15 Members shall not post
content that displays pornographic or sexually explicit material of any kind.
6.16 Members shall not
provide material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18.
6.17
Members shall not obscure advertisements posted on FanFound. You agree not to cover or obscure
the banner advertisements on FanFound web pages, or any of the Services web
pages via HTML/CSS or any other means;
6.18 Members who are not an
Artist or Businesses shall not post on a publicly available profile or any other
web page included in FanFound, their telephone number or street address.
6.19 Members are prohibited
from submitting orders to purchase goods or services where they do not intend
to complete such transactions.
Judgments concerning the
applicability of these guidelines shall be at the sole and exclusive discretion
of Chordcraft. Chordcraft will remove the offending material once reported. You
can report offending material by writing an email to Report@FanFound.com.
Chordcraft may or may not issue a warning to you on regards to a Terms
violation. If a violation is committed, a member's account may be suspended or
fully and permanently terminated, dependant on the severity of the offense. A
Member account may be terminated at any time, without notice.
7. Media Content
You, as a Member, agree
that you will not post or transmit any prohibited content, including but not
limited to the following: audio, songs, broadcasts, video, images, photos,
graphics, data, information, profiles, gig listings, set lists, concert web
pages, ' messages, statistics, band
information, newsletters, podcasts and blogs.
8. Copyright Policy
It is the policy of Chordcraft
to respond speedily to claims of intellectual property infringement. We respect
the intellectual property rights of others, and take strong measures including
gather personally identifiable information ( 'Measures ') to deter infringement.
These Measures exceed actions required under the Digital Millennium Copyright
Act ("DMCA") and other applicable intellectual property laws. Measures
include, but are not limited to, requesting and accessing a driver license
number, or other personally identifiable information associated with your
Membership as an Artist or Business. Such measures protect all Artists and Businesses,
along with the integrity of the FanFound community.
The information provided is protected by standard online security measures, and
will not be released on any circumstance, unless valid government warrant is
presented. Chordcraft retains the right to report criminal behavior,
accompanied with personally identifiable information, to proper government
authorities if suspected identity theft, copyright fraud, or other criminal
behavior has taken place. Chordcraft will promptly process and investigate
notices of alleged infringement and will take appropriate actions in accordance
with the DMCA and other applicable intellectual property laws. If you believe
your work has been copied in a way that constitutes copyright infringement or
are aware of any infringing material on FanFound, please contact us:
By email at: copyright@fanfound.com
By US mail at:
Chordcraft
Music Company (ATTN: General Counsel)
Please provide us with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
the Web site; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; 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.
9. Privacy
Chordcraft has established
a Privacy Policy to explain to Members how their information is collected and
used. This Privacy Policy can be found within the site. Member's use of the FanFound
website or the Services signifies acknowledgment of and agreement to the
Chordcraft Privacy Policy. Members further acknowledge and agree that Chordcraft
may disclose Member's personal information if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to comply with legal process, enforce this Agreement, or to protect
the rights, property, or personal safety of Chordcraft, its employees, users
and third parties, and the public, or as otherwise described in the Privacy
Policy.
10. Merchandise
Sales
FanFound may contain links
to third party websites where Members can purchase goods or services from third
party merchants ( 'Merchants '). By submitting an order to purchase any goods or
services from Merchants, Members are obligated to complete such transactions,
subject to the individual Merchant 's terms and conditions governing such
transactions. By submitting an order to purchase goods or services from an
individual Merchant, you acknowledge that you are entering into a transaction
with that Merchant, and that FanFound, Chordcraft and the Chordcraft affiliated
companies are not parties to the transaction. Chordcraft cannot confirm that
any particular Merchant is who that Merchant claims to be. Nor can Unborn Media
confirm the truth or accuracy of any statements made by Merchants or control
whether Merchants who post statements on FanFound will act in accordance with
those statements. Chordcraft will not get involved in any dispute between Members
of FanFound and Merchants who post links on FanFound. The ability to include
links and the inclusion of any link by an Artist or Member does not imply
affiliation, endorsement, or adoption by Chordcraft of the linked site or any
information contained therein.
11. Advertisers
Members ' correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the FanFound, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that Chordcraft and its affiliates shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the FanFound.
12. Compensation
As a Member, you may be offered the ability to
participate in Services that constitute payment in currency, prizes, awards, and
all other forms of compensation from Chordcraft or other affiliated companies,
groups, and individuals. Upon termination of any of these Services by either Chordcraft,
or affiliated party, Member shall not be entitled to any further compensation
from Chordcraft or any other participating company, group, or individual. This
policy is effective upon the date of termination of such Service. If Chordcraft
terminates your Membership due to breach of this agreement, any other reason,
or no reason at all, any owed compensation associated with Membership in
FanFound is voided. Chordcraft also reserves the right to withhold compensation
from Members, at any time, for any reason, or no reason all. Chordcraft may
alter any Service rules, at any time, regardless of amount of time in which
Service, competition, or promotion has gone on. Changes will be posted on
FanFound within the terms of the Service, and or these Terms. Continued use of
FanFound signifies your acceptance of changes. Your only remedy to changes is
to discontinue your involvement in the particular Service, competition, promotion
and or termination of your FanFound Member account. Members
who receive monthly, quarterly or annual compensation, participate in such
Services acknowledging such interaction is classified as a casual work
relationship between Chordcraft and the Member. You
acknowledge and agree that you and Chordcraft are independent contractors under
these Terms, and nothing herein shall be construed to create a partnership,
joint venture, agency, or employment relationship. Neither party pursuant to
these Terms has authority to enter into agreements of any kind on behalf of the
other and neither party shall be considered the agent of the other. Members agree to pay appropriate government taxes on any compensation
received of which Chordcraft has no responsibility to oversee.
13. Storage
Many features of FanFound
store information, audio, video and other media on behalf of Fans, Artists, and
Businesses. Examples include, but are not limited to audio files, video files,
concert achieves, bid histories, fan demographics, chat, profiles and postings.
Chordcraft reserves the right, in its sole discretion, to limit the amount of
storage space available per user or to delete materials stored for an excessive
period while the Fan, Artist, or Businesses account has been inactive.
14. Fees
You acknowledge that
Chordcraft reserves the right to charge for the FanFound Services and to change
its fees from time to time at its discretion. If FanFound terminates your
Membership because you have breached this Agreement, you shall not be entitled
to the refund of any unused portion of subscription fees.
15. FanFound is a Venue, Not a Booking
Agent
FanFound.com is not a
booking 'agent '. Although FanFound.com has booking assistance capabilities
between Artists and Businesses, and we might be referred to as an online
booking agent, it is important to realize that we are not a traditional
"booking agent." Instead, our site acts as a venue to allow anyone to
buy, sell, bid on, bid for, or access live entertainment services. We are not
involved in the actual transaction between buyers and sellers. As a result, we
have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell services or the ability of buyers to buy services.
We cannot ensure that a buyer or seller will actually complete a transaction.
16. Release
In the event that you have
a dispute concerning FanFound, one or more Members, or users, you release
Chordcraft and our officers, directors, agents, subsidiaries, joint ventures
and employees, from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes. You
hereby agree to waive all laws that may limit the efficacy of such releases. If you are a California resident, you waive California Civil
Code '1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his
settlement with the debtor." This release is also subject to any
restrictions or limitations of applicable State law. '
17. Information Control
We do not control the
information provided by other members and users that is made available through
our system. You may find other Members and user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and
practice safe buying, selling, bidding, booking, and communications when using
the Site. Please note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals. By using FanFound,
you agree to accept such risks and Chordcraft is not responsible for the acts
or omissions of users on the FanFound.
18. Show Feedback Integrity
You may not take any
actions that may undermine the integrity of the FanFound feedback system. We
may limit the number of client feedback reviews you may place on the Site based
upon the level of your feedback. Multiple negative feedbacks involved with
either musician or venue may result in investigation and possible suspension
and or termination of your FanFound.com membership. If you engage in the
practice of libel, slander, foul language, threats and/or threatening language,
FanFound.com has the right to remove or edit your feedback. FanFound.com also
has the right not to edit or remove your feedback. All feedback will be
published on FanFound.com Site at the discretion of Chordcraft Music Company.
19. Feedback Export
You acknowledge that your
feedback consists of comments left by other FanFound Members. Because feedback
are not designed for any purpose other than for facilitating booking between 'Members, you agree that you shall not market
or export Member comments to any venue other than a Chordcraft operated website.
20. License
Any content created using
FanFound shall be owned by Chordcraft. For example, all copyrights in reviews,
ratings, rankings, charts, playlists, podcasts, blogs, newsletters,
broadcasts, XML, and RSS shall be owned by Company and licensed to you and
other users of FanFound pursuant to the terms hereof. 'By posting Content on FanFound, you as the
Member represent that you own or have rights to distribute the Content posted
or otherwise have the right to grant the license set forth in this section. You
also verify that the Content does not violate the privacy rights, publicity
rights, copyright rights or other intellectual property rights of any third
party. You furthermore agree to pay for all royalties and fees owed to any
person due to Content you post on FanFound. Chordcraft believes in proper compensation
for Content provided. While we design Services to facilitate this, not all uses
of Content provided can be properly or accurately compensated. Due to this
fact, any Content posted by or in connection with Services, you hereby grant Chordcraft
a world-wide, royalty free, irrevocable, perpetual license, alone or together
or as part of other information, Content and/or material of any kind or nature,
to use, copy, modify, publish, edit, translate, transmit, publicly display,
publicly perform, create compilations, create derivative works of, distribute
and otherwise exploit such Content, to publish and promote such Content in
connection with the particular Services including, without limitation, for
advertising and promotional purposes, to publish and promote such Content
elsewhere within FanFound, and to sublicense such rights through multiple tiers
of sublicenses, all without any obligation to you, whether by way of
compensation, attribution or otherwise. Such license shall apply with respect
to any form, media, or technology now known or to be developed in the future.
21. Disclaimer
of Warranties
FANFOUND, INCLUDING,
WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING
SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO
NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED
THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CHORDCRAFT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH FANFOUND, YOUR SOLE
REMEDY IS TO DISCONTINUE USING FANFOUND AND OR TERMINATING YOUR FANFOUND
ACCOUNT.
22. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CHORDCRAFT
OR ITS LICENSORS BE LIABLE FOR MEMBERS USE OR MISUSE OF FANFOUND. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF CHORDCRAFT
OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
LIMITATION OF LIABILITY, INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES,
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF FANFOUND, FROM
INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, RELIANCE
ON, OR TERMINATION OF SERVICES OR FANFOUND. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER FAFOUND SERVICES THROUGH OR
ADVERTISED ON SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN FANFOUND, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED WITH
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN FANFOUND. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FANFOUND.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY
DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO
BACK UP, OR ALTERATION OF PROFILES, ANY FAN, ARTIST OR BUSINESS PAGES OR OTHER
CONTENT STORED THROUGHOUT FANFOUND.UNDER NO CIRCUMSTANCES SHALL CHORDCRAFT OR
ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT
FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS,
CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHORDCRAFT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CHORDCRAFT OR A
CHORDCRAFT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
23. Exclusions
CERTAIN JURISDICTIONS DO
NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
24. Indemnity '
By using FanFound you agree
to indemnify Chrodcraft., and to officers, directors,
agents, employees, and licensors, and hold them harmless from any and all
claims and expenses, including attorney's fees, arising from your use of the FanFound,
your use of the Services, or your submission of ideas and/or related materials
to Chordcraft or from any person's use of any account or password you maintain
with FanFound, regardless of whether such use is authorized by you. By using FanFound,
using the Services, or submitting any ideas and/or related materials to Chordcraft,
you are hereby agreeing to release Chordcraft and its parents, subsidiaries,
affiliates, officers, directors, agents, employees, and licensors from any and
all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to the
Products and Services or to any disputes regarding use of ideas and/or related
materials submitted to Chordcraft.
25. Limitation
of Action
You acknowledge and agree
that, regardless of any statute or law to the contrary, any claim or cause of
action you may have arising out of, or relating to, your use of FanFound or its
products and Services must be filed within one (1) year after such claim or
cause of action arises, or forever be barred.
26. Beta Releases
FanFound or portions of FanFound
may be labeled 'Beta.' All disclaimers and limitations of liability set
forth herein apply to FanFound or portion of the Services labeled 'Beta.'
Further, you specifically agree that you understand that any Service or portion
of the FanFound labeled 'Beta' may not perform with complete functionality, may
be undergoing testing, may be inconsistently available, may have software
'bugs' and may have other issues affecting availability and
functionality. In addition to all other disclaimers and limitations of
liability herein, you specifically agree that Company is not responsible or
liable for any error, problem, omission, malfunction, interruption, defect,
delay, or failure, in any regard, concerning any Service or portion of FanFound
labeled 'Beta.'
27. Copyright,
Trademark, and Patent Notices
FanFound contains Content
and technology of Chordcraft that is protected by copyright, trademark, patent,
trade secret and other laws. Any content created using FanFound shall be owned
by Chordcraft. For example, all copyrights in reviews, ratings, rankings,
charts, playlists, mixes podcasts,
blogs, newsletters, broadcasts, XML, and RSS shall be
owned by Chordcraft and licensed to you and other users of FanFound pursuant to
the terms hereof. The compilation of content comprising FanFound and its
Services are the exclusive property of Chordcraft and are protected by
28. Limited
License and Use of Logos
Chordcraft offers a
non-assignable, non-transferable, and non-exclusive license to link to FanFound
web sites, using FanFound logos, subject to the following provisions. FanFound
logos may be placed on a Web site for the sole purpose of creating a link to
FanFound and allowing users of your site to access the Services on FanFound.
FanFound shall not be used for any other purpose, including, among other
purposes, to suggest sponsorship by, or affiliation with, or endorsement by
FanFound and Chordcraft. FanFound logos may only be used in accordance with the
Chordcraft usage guidelines prescribed in these Terms, and may only be used in
the exact size, shape, colors, design, and configuration as found on FanFound
and other Chordcraft owned and operated web sites. FanFound logos may not be
altered in any manner. FanFound logos must appear by themselves, with
reasonable spacing between each side of the applicable logo and other graphic
or textual elements. FanFound logos may not be used to disparage FanFound, its
products or services, or in a manner which, in Chordcraft 's
reasonable judgment, may diminish or otherwise damage Chordcrafts
good will in FanFound logos. Except as expressly provided to the contrary, you
agree not to modify, alter, or deface any of the trademarks, service marks, or
other intellectual property made available by Chordcraft in connection with the
FanFound. You agree not to hold yourself out as in any way sponsored by,
affiliated with, or endorsed by Chordcraft, any of Chordcraft 's
affiliates, or any of Chordcraft 's service providers.
You agree not to use any of the trademarks or service marks or other Content
accessible through FanFound for any purpose other than the purpose for which
such Content is made available to users by Chordcraft. You agree not to defame
or disparage Chordcaft,, the
trademarks or service marks of Chordcraft, or any aspect of FanFound. You agree
not to adapt, translate, modify, decompile, disassemble, or reverse engineer
FanFound or any software or programs used in connection with FanFound. By using
any FanFound 'logo,
you acknowledge that Chordcraft has exclusive rights to the logo, and that all
good will generated through your use of the logo will inure to the benefit of
Chordcraft and FanFound. If you use FanFound logos, you must include
appropriate attribution, for example: 'FanFound ' is a registered trademark of Chordcraft
Music Company. ' Chordcraft reserves the right to revoke this license or to
alter its terms from time to time, for any or no reason, with or without
notice. Chordcraft reserves the right to take action against any use that does
not conform to these provisions.
29. Arbitration
and Governing Law
Unless expressly stated to
the contrary elsewhere within FanFound, all legal issues arising from or
related to the use of Fanfound or it 's Services shall
be construed in accordance with, and all questions with respect thereto shall
be determined by, the laws of Indiana applicable to contracts entered into and
wholly to be performed within said state. Any controversy or claim arising out
of or relating to these Terms or any members use of FanFound or its Services
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in
30. Communications
You consent to receive
communications from Chordcraft concerning your use of FanFound and other
products and services ( 'Communications '). The Communications may be those that
Chordcraft is required to send to you by law concerning Fanfound ' ( 'Required Communications '). The
Communications may also be those that Chordcraft sends to you for other
reasons. You consent to receive Communications electronically. Chordcraft may provide these Communications to you by
sending an email to the email address you provided in connection with your
account or by posting the Communication on FanFound. You also consent to
receive Communications by postal mail sent to the postal address you provided
in connection with your account. You may change the email or postal address to
which Chordcraft sends Communications by visiting your account information
page. For a period of 120 days from the date that Chordcraft first provided a
Required Communication to you in electronic form, you may request a paper copy
of such Required Communication by sending a request to Chordcraft Music Company.
31. Idea
Submission
Chordcraft is always looking
to improve FanFound and its other products and services. If you have ideas
regarding improvements or additions to FanFound, we would like to hear your
idea and opinions however any submission will however be subject to these
Terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED
MATERIALS TO CHORDCRAFT BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL
TO CHORDCRAFT, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA
OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO CHORDCRAFT THAT
THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE
ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT CHORDCRAFT IS FREE TO
IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS
MODIFIED BY CHORDCRAFT, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD
PARTY.
32. Export
Controls
Certain software, and
related documentation or technical information, available through FanFound is
subject to applicable laws and regulations of the
33. Violation
of Terms
Should you violate these
Terms or any other rights of Chordcraft, Chordcraft reserves the right to
pursue any and all legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any and all of the
Chordcraft web sites.
We have attempted to outline
above the terms on which you may use the FanFound in a straightforward manor,
please be aware that these terms, if accepted by you, create a binding legal
agreement between you and Chordcraft.
Please contact us at: terms@fanfound.com with any questions
regarding this Agreement.
BY USING THIS SERVICE YOU
AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
