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FanFound.com Terms of Agreement
FANFOUND USER AGREEMENT Welcome to FanFound.com! FanFound.com is a website provided by Chordcraft Music Company. The User Agreement (‘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 (‘CHORDCRAFT’) OFFERS YOU ACCESS TO ALL FANFOUND.COM SERVICES (‘SERVICES’). YOU AS A REGISTERED MEMBER (‘MEMBER’) MUST ACCEPT THIS USER AGREEMENT IN ORDER TO USE OUR SERVICES. BY USING FANFOUND.COM (‘FANFOUND’) YOU REPRESENT AND WARRANT THAT YOU AGREE TO AND WILL ABIDE BY ALL OF THE TERMS AND CONDITIONS (‘TERMS’) SET FORTH IN THIS AGREEMENT. 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 United States or other applicable jurisdiction. 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) 9800 Connecticut Drive Crown Point, IN 46307 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 U.S. and International copyright laws. All software used on this site is the property of Chordcraft or its software licensors and is protected by U.S. and International copyright laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through FanFound. You agree not to circumvent any technology used by Company or its licensors to protect content accessible via the Service. All marks found in FanFound, including but not limited to, Chordcraft Music Company, Chordcraft, Chordcraft.com, FanFound, FanFound.com, FanCam, Muzic Mail, MuzicMailBox, and MuzicBox are registered and unregistered trademarks, and property of Chordcraft Music Company. All other marks that appear throughout FanFound belong the Artists, the Businesses, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout FanFound without the express written consent of Chordcraft or the owner of the mark, as appropriate, is strictly prohibited. One or more patent pending technologies apply to this site, and to the features and Service accessible via the site. You agree that all rights, title and interest to such patents remain with Chordcraft Music Company. 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 Indianapolis, Indiana, and judgment on the arbitration award may be entered into in any state or federal court in Indiana having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Indiana having jurisdiction thereof. Except as set forth above, the state and federal courts of Indiana shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any user's use of FanFound. By using FanFound and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in Indiana with respect to all such disputes. 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. 9800 Connecticut Drive, Crown Point, IN 46383, Attention: Customer Service (‘Customer Service Address’). You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Chordcraft retains the right to terminate your right to use FanFound, including, without limitation, terminating your account and any subscription services that you may have. In order to receive Required Communications, you must provide Chordcraft, upon registration with FanFound, a valid email address to which Chordcraft may send electronic mail. Your computer must also have means of Internet access, an Internet browser, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Chordcraft will provide notice of any changes to these requirements. 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 United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions. 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.
I agree to the FanFound.com Terms of Agreement
