Thank you for your interest in becoming a "Member" of Fancorps (for purposes of this Agreement, "You", "Yourself" or "Your" means the person who registers for the Service, wishes to become a Member of Fancorps, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Fancorps). IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Fancorps.com may modify this Agreement from time to time and such modification shall be effective upon posting by Fancorps.com on the Fancorps Website. You agree to be bound to any changes to this Agreement when you use the Fancorps Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Fancorps.com and that you provide to other Users. Your Fancorps.com profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Fancorps.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fancorps.com assumes no responsibility or liability for this material. If you become aware of misuse of the Fancorps Services by any person, please contact Fancorps.
Fancorps.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Fancorps Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Authorized Use of Site. The Fancorps Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Fancorps requires the prior written consent of Fancorps. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Fancorps Website. Further, you may not use any such automated means to manipulate the Fancorps Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Fancorps Website or any other user's use of the Fancorps Website, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Fancorps Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Fancorps Website to any third party without our prior written consent.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Fancorps Services. Fancorps.com reserves the right to investigate and take appropriate legal action against anyone who, in Fancorps.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Fancorps Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Fancorps.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18
- provides any telephone numbers, street addresses, last names, URLs or email addresses
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Fancorps Website and through your use of the Fancorps Services. Fancorps.com reserves the right to investigate and take appropriate legal action against anyone who, in Fancorps.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Fancorps Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Fancorps Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Fancorps.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fancorps.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Fancorps Services, you acknowledge that you will have caused substantial harm to Fancorps.com, but that the amount of such harm would be extremely difficult to ascertain.
- any automated use of the system, such as using scripts to send messages;
- interfering with, disrupting, or creating an undue burden on the Fancorps Services or the networks or services connected to the Fancorps Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Fancorps Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Fancorps Services on behalf of that person
- using the Fancorps Services in a manner inconsistent with any and all applicable laws and regulations.
This Agreement is accepted upon your use of the Fancorps Website or any of the Fancorps Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fancorps.com regarding the use of the Fancorps Services. The failure of Fancorps.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Fancorps.com is a trademark of Fancorps, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
2. Registration and Passwords. In order to access certain services on the Fancorps Website, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
3. Fancorps and Client Content. The contents, advertisements, information and other materials of Fancorps and the Fancorps Website, and of all other websites under Fancorps's control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Fancorps Content”) and the compilation (meaning the collection, arrangement and assembly) of all Fancorps Content, are protected under copyright, trademark and other laws. As between You and Fancorps, all Fancorps Content is Fancorps's exclusive property. Unauthorized use of Fancorps Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Fancorps Content on any permitted copy You make of Fancorps Content. You shall not copy or adapt the code that Fancorps creates to generate any Fancorps Content or the pages making up any Fancorps Site (defined below), which is also protected by Fancorps’s copyright.
The contents, advertisements, information and other materials of any Fancorps client (“Client”) or Client’s Website, and of all other websites under Client’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Client Content”) and the compilation (meaning the collection, arrangement and assembly) of all Client Content, are protected by copyright, trademark and other laws. As between You and Client, all Client Content is Client’s exclusive property. Unauthorized use of Client Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Client Content on any permitted copy You make of Client Content.
You may not sell or modify Fancorps Content or Client Content or reproduce, display, publicly perform, distribute, or otherwise use Fancorps Content or Client Content in any way for any public or commercial purpose, unless previously approved in writing by Fancorps or Client (as applicable). The use of Fancorps Content or Client Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any Fancorps Content or Client Content unless you are given express permission to do so by Fancorps or Client.
By using the Fancorps Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Fancorps Website. All rights not granted under this Agreement are reserved by Fancorps.
4. Rights to Content Posted by Members. Unless otherwise specified, You may only post Content to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years old, your parents or legal guardian have agreed to the terms of this Agreement on your behalf. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, You must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Fancorps. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Submitted Content”) on or to the Fancorps Website (including on or to Your profile), You automatically grant, and You represent and warrant that You have the right to grant to Fancorps an irrevocable, perpetual, non-exclusive, fully paid and royalty-free (meaning that Fancorps is not required to pay You for the use of the Service or the Submitted Content You post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the foregoing. You further grant to Fancorps the authority to publicly post Your Submitted Content on or to the Fancorps Website, and You represent and warrant that the public posting and use of Your Submitted Content by Fancorps will not infringe or violate Your rights of those of any third party.
5. Eligibility. You must be 13 years of age or older to join the Service or visit or use the Fancorps Website in any manner. If you are over 13 years of age and under 18 years of age, you must have permission from your parent or legal guardian to join the Service and accept these Terms. Fancorps has the right, in its sole discretion, to request parental/legal guardian consent forms at any time from any minors who are under 18 years of age. Minors who are under 18 years of age (but over 13 years of age) may be prohibited from participating in certain activities or events and parental/legal guardian consent may be required in order for minors to participate in other activities or events. By visiting the Fancorps Website and accepting the terms of this Agreement, You represent and warrant to Fancorps that You are 13 years of age or older (if over 13 but under 18 that you have permission from parent or legal guardian to visit the Fancorps Website and accept the terms of this Agreement), that You have the right, authority and capacity to agree to and abide by the terms of this Agreement, and that You will use Fancorps and the Fancorps Website solely for Your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations.
6. Security Rules. You shall not violate or attempt to violate the security of the Fancorps Website, and any other such websites, which are sometimes collectively referred to as a “Fancorps Site,” and collectively referred to as the “Fancorps Sites,” including without limitation, (a) accessing data not intended for Member or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any Fancorps Site or any activity being conducted on any Fancorps Site, (c) attempting to interfere with the availability of any Fancorps Site to any representative, host or network, including, without limitation, via means of submitting a virus to any Fancorps Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any Fancorps Site, (d) utilizing any Fancorps Site for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. Fancorps will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Members who are involved in such violations.
7. Term and Termination. This Agreement will remain in full force and effect while You use the Fancorps Website and/or are a Member. You may terminate Your membership at any time, for any reason by following the instructions one Fancorps Website. Even after Your membership is terminated, this Agreement will remain in full force and effect.
Fancorps may terminate Your membership for any reason, at any time. Fancorps may, in its sole discretion, terminate or suspend any Member’s access to all or part of the Service including the cancellation of some or all of the Member’s accumulated “Store Credits” (defined below) for any or no reason, including, without limitation, breach of this Agreement, or taking actions that are inconsistent with the intent of this Agreement. Fancorps shall be the sole determiner in cases of suspected abuse, fraud, or breach of this Agreement or intent of this Agreement. If Fancorps terminates Your membership in the Service because You have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement, You will not be entitled to any previously accumulated "Activity Points”) nor will You be entitled to receive payments of any previously accumulated currency (“Fancorps Currency”). Fancorps Currency and Fancorps Points are hereinafter defined as “Fancorps Rewards.
Fancorps reserves the right to suspend and/or cancel your membership in this Service or any account you may have, permanently expel you from the Service and/or put a “hold” on, not credit, revoke and/or delete Fancorps Rewards from your Account, if Fancorps determines, in its sole and absolute discretion, that you: (a) abused the Service’s privileges; (b) breached this Agreement; (c) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (d) purchased merchandise that will be used for resale or commercial use; and/or (e) obtained Fancorps Rewards as a result of any fraudulent, dishonest, misleading or illegal act, or were otherwise improperly credited Fancorps Rewards.
Fancorps reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, cancelation of Your account, profile, Submitted Content from the Fancorps Website, and/or some or all of Your accumulated Fancorps Rewards, and the immediate termination of Fancorps Services and the services of other Fancorps Sites to You, upon any breach by You of the terms of this Agreement or if the Fancorps is unable to verify or authenticate any information You submit to Fancorps or any other Fancorps Site. Any decision Fancorps makes relating to cancellation, termination or suspension of any Member’s account and membership (including the cancellation of Fancorps Rewards) shall be final and binding.
Fancorps may also terminate any Member’s account in its sole discretion if a Member has been inactive for a period of eighteen (18) months. A Member will be defined as inactive based upon Member’s failure to login to the Site. When a Member’s account has been terminated, all Fancorps Rewards earned shall be forfeited.
You may terminate your membership in the Service at any time and effective immediately. Fancorps will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us or by using the “terminate membership” function if available. All of your Fancorps Rewards will be forfeited upon termination.
9. Independent Contractor Status. Fancorps and You acknowledge and agree that Your relationship with Fancorps under this Agreement shall be that of an independent contractor, and You shall hold Yourself out to be an independent contractor of Fancorps, and You shall at no time represent to any third party that You are an employee of Fancorps. As an independent contractor, You shall not receive nor be entitled to a salary or any other benefits or privileges Fancorps provides to its employees. Nothing in this Agreement shall be construed or considered to create a relationship of employer and employee, principal and agent, partner, joint venturer or any other relationship other than that of an independent contractor between the parties hereto. Accordingly, Fancorps and You agree that:
10. Independent Contractor Engagement. Your engagement with Fancorps LLC shall be one that is fully understood and acknowledged by both parties to be that of an independent contractor. You will never be asked to perform tasks, duties, or otherwise which will render your services to be that of an employee. The following outlines your terms of engagement with Fancorps LLC. No employees, agents or clients of Fancorps LLC have the right to engage you in any way otherwise than the specific terms detailed below in connection with the work you perform for Fancorps. If you feel that your status of an independent contractor has been in any way violated or modified, please cease all work and activities being performed for Fancorps LLC and take no further action for Fancorps LLC and instead promptly contact Fancorps for further direction. The terms dictated by your Independent Contractor status with Fancorps LLC are as follows:
a) You will not be provided great detail or strict guidelines about how to provide your service offering. You will rely on your own expertise to accomplish all necessary tasks within the parameters and objectives stated for each task, although best practices and background knowledge may be shared with you to increase your chance of success.
b) You will have a defined relationship for each particular task you choose and are eligible to participate in others during your term.
c) You may perform tasks at your own discretion on your own schedule in the order you wish, and you may elect the hours during which you put effort against the tasks.
d) You will be rewarded on a per task or per completion basis.
e) You will be responsible for providing all tools necessary to complete your tasks including a computer, Internet access, and cell phones unless directed otherwise.
f) We have no right to exercise any control whatsoever on your daily activities.
11. Copyrights and Trademarks. All materials included on the Fancorps Sites including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Fancorps or its clients, unless otherwise noted or attributed. Fancorps, Fancorps Rewards, and the Fancorps logo are trademarks and service marks of Fancorps LLC. Text excerpts, diagrams, logos or other information may be quoted within the content of the Fancorps Sites, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from the Fancorps Sites subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Fancorps Sites in whole or in part without the prior written permission of Fancorps.
12. Fancorps’s Liability. Fancorps is only a venue and Fancorps does not screen or censor the profiles or Submitted Content of Members. We generally do not control the Submitted Content or information provided by Members that is made available through Fancorps. As a result, the Fancorps has no control over the truth or accuracy of the information submitted by Members. Fancorps makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content of Members. In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom You come in contact through Fancorps. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Fancorps and/or the Fancorps Sites.
Because Member authentication on the Internet is difficult, Fancorps cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any Fancorps Site, in the event that You have a dispute with one or more Members, You release the Fancorps (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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 are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account.
13. Disclaimer of Consequential Damages. IN NO EVENT SHALL Fancorps, ITS CLIENTS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Fancorps SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Fancorps SITE AND Fancorps CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Fancorps IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability. Fancorps, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, LLC members, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with Your use of the Fancorps Service or participation in its Programs, the use of information provided by You under the Programs, or the merchandise or services obtained by You through the redemption of Fancorps Rewards under the Service.
Fancorps’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Fancorps SITE OR YOUR USE OF Fancorps, OR THE Fancorps CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Fancorps, ITS CLIENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, LLC MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, UNDER NO CIRCUMSTANCES SHALL Fancorps BE LIABLE FOR ANY ACTIONS WHATSOEVER BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR INVOLVEMENT IN A PROGRAM OR TASK. MEMBERS ARE NOT EMPLOYEES OF Fancorps, AND Fancorps, WHILE CREATING, TRACKING AND MANAGING THE NETWORK IN WHICH Fancorps’S CLIENTS AND MEMBERS ARE UNITED, SOLELY FACILITATES THE ENGAGEMENT OF MEMBERS BY ITS CLIENTS AND AS SUCH DOES NOT AND CANNOT CONTROL, MONITOR, SUPERVISE OR REGULATE THE ACTIONS OF MEMBERS.
15. Confidentiality. You are responsible for maintaining the confidentiality and all uses of Your account, and password whether or not authorized by You. You agree to immediately notify the Fancorps of any unauthorized use of Your account, and password. Further, You acknowledge that during Your engagement with Fancorps, You will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by Fancorps and/or used by Fancorps in connection with the operation of its business including, without limitation, Fancorps’s business and product processes, methods, customer lists, accounts and procedures. Further, You acknowledge that during Your engagement with Fancorps, You will have access to and become acquainted with Confidential Information owned or licensed by clients of Fancorps. You agree that You will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of Your engagement with Fancorps. All Fancorps Content, and all similar items relating to the business of Fancorps, shall remain the exclusive property of Fancorps. You shall not retain any copies of the foregoing without Fancorps’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by Fancorps, You shall immediately deliver to Fancorps any and all such files, records, documents, specifications, information, and other items in Your possession or under Your control. You further agree that You will not disclose Your retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of Fancorps and shall at all times preserve the confidential nature of Your relationship to Fancorps and of the services hereunder.
16. Member Disputes. You are solely responsible for Your interactions with other Fancorps Members. Fancorps reserves the right, but has no obligation, to monitor disputes between You and other Members.
18. Right To Be Removed From Programs. Fancorps reserves the right to remove a Member from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by Fancorps (each a “Program”) at any time for any reason. If You are removed from a Program, You will be notified by a Fancorps representative.
19. Contact with Members. Fancorps has the right, but not the obligation, to periodically contact Members with information, updates, and special offers via email. If there are any inaccuracies in such correspondences, Fancorps will not be held responsible.
21. Right to Offer Programs to Select Members. Programs will be offered to Members based on various demographic and psychographic parameters, as well as previous performance and/or certain scores determine by Fancorps. If You qualify for a Program, You, as a Member, will have the ability to join the Program by selecting it from Your Home Page on the Fancorps Website, and following the instructions provided. You may also be contacted directly via email, direct message, or SMS when a Program is launched.
22. Indemnification. You agree to indemnify, hold harmless and defend Fancorps, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following, without limitation:
a) A breach by You of this Agreement or any obligation or covenant in this Agreement, including Your representations and warranties set forth above;
b) A violation of any law, rule, regulation, or authority by You in connection with the performance of this Agreement, Your use of the Service or Your involvement in a Program;
c) Any negligent, reckless or intentional acts or omissions committed by You in connection with the entry into or performance of this Agreement, Your use of the Service or Your involvement in a Program;
d) A claim against You that the Service or a Program infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or
e) A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with Your performance under this Agreement, Your use of the Service or Your involvement in a Program.
f) Further, Fancorps shall provide You with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that You shall not enter into any settlement that materially adversely affects Fancorps’s rights or interests without Fancorps’s prior approval); and (c) proper and full information and reasonable assistance, provided at Your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, Fancorps shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.
23. Comments, Complaints and Questions. We welcome Your feedback about the Fancorps Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Fancorps Website shall be and remain the exclusive property of Fancorps, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to You. Should You have any questions or complaints regarding these terms and conditions, please feel free to contact us.
24. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to Your use of the Fancorps Website, and not to use the Fancorps Website site for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to Your access to, and use of, the Fancorps Website or any services provided by Fancorps shall be governed by U.S. federal law or the laws of The State of New York. Any legal action or proceeding relating to Your access to, or use of, the Fancorps Website shall be instituted in a state or federal court in New York County, New York. You and Fancorps agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
25. Fancorps’s Code of Conduct. Fancorps requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”) and Standards of Conduct set forth by the Word of Mouth Marketing Association (http://womma.org/ethics/code).
a. FTC Endorsement Guides: Fancorps believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with Fancorps and its clients. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in this Service or in return for promoting a client or its products/services, you must disclose your connection to Fancorps and/or its Client. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.
b. WOMMA Standards of Conduct: (as a Member, you are considered a representative for purposes of the section b.)
Standard 1 – Disclosure of identity: A WOMMA-member shall require their representatives to make meaningful disclosures of their relationships or identities with consumers in relation to the marketing initiatives that could influence a consumer’s purchasing decisions.
Standard 2 – Disclosure of consideration or compensation received: A WOMMA-member shall require their representatives to disclose meaningfully and prominently all forms of consideration or compensation they received from the WOMMA-member, a marketer or sponsor of the product or service. In other words, WOMMA-members shall not engage in marketing practices where the marketer/sponsor or its representatives provides goods, services, or compensation to the consumer (or communicator) as consideration for recommendations, reviews, or endorsements, unless full, meaningful, and prominent disclosure is provided.
Standard 3 – Disclosure of relationship: A WOMMA-member shall require their representatives involved in a word of mouth initiative to disclose the material aspects of their commercial relationship with a marketer, including the specific type of any remuneration or consideration received.
Standard 4 – Compliance with FTC Guides: A WOMMA-member shall comply with the Guides Concerning Use of Endorsements and Testimonials in Advertising promulgated by the Federal Trade Commission. See 16 C.F.R. §§ 255.0–255.5.
Standard 5 – Genuine honesty in communication: A WOMMA-member shall not tell their representatives what to ultimately state in their communications about a particular product or service, so as to enable the consumer to reflect his or her honest opinions, findings, beliefs, or experiences.
Standard 6 – Respect for venue: A WOMMA-member shall respect the rights of any online or offline communications venue (such as a web site, blog, discussion forum, traditional media, and live setting) to create and enforce its own rules as it sees fit.
Standard 7 – Marketing with children and adolescents: A WOMMA-member shall not include children under the age of 13 in any of its word-of-mouth marketing programs or campaigns; and shall comply with all applicable laws dealing with minors and marketing, including the Children’s Online Privacy Protection Act (“COPPA”). See 16 C.F.R. § 312.
Standard 8 – Compliance with media-specific rules: A WOMMA-member shall comply with existing media-specific rules regarding marketing to children.
26. Prohibited Actions Fancorps expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the Fancorps Website and the Service. In addition to the requirements set forth in Section 26 above, below is a partial list of the kind of actions that are illegal or prohibited by Fancorps in connection with Your service as a Fancorps Member. Engaging in any of these actions by You while serving as a Member of Fancorps and in connection with Your service as a Member may, in the sole and absolute discretion of Fancorps, result in termination of Your membership with Fancorps and Your status as a Member. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against any Member who violates this provision. Prohibited Actions include, but are not limited to, any action which:
a) incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
b) misrepresents the source of anything you post, including impersonation of another individual or entity;
c) provides or create links to external sites that violate the Fancorps Terms of Service or Code of Conduct;
d) is intended to harm or exploit minors in any way;
e) is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school;
f) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
g) is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material and intellectual property not belonging to you;
h) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage any one else to do so;
i) intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
j) attempts to impersonate a Fancorps or Mr Youth employee, agent, manager, host, another user, or any other person though any means;
k) infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
l) is inaccurate, false or misleading in any way;
m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
n) contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Fancorps is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Fancorps will make all determinations as to what Content is appropriate in its sole discretion. Fancorps may edit or remove any Content at any time with or without notice.
27. Notices and Legal Disclaimer. The Fancorps Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Fancorps Content may contain inaccuracies or typographical errors or technical inaccuracies. Fancorps makes no representations about the accuracy, reliability, completeness, or timeliness of any Fancorps Site or the Fancorps Content. The use of the Fancorps Sites and the Fancorps Content is at Your own risk. Changes are periodically made to the Fancorps Website and may be made at any time. Information may be changed or updated with or without notice. Fancorps may also make improvements and/or changes in the products and/or the Programs described in this Agreement or on the Fancorps Website at any time with or without notice.
Fancorps does not warrant or represent that Members will earn any specific number of Fancorps Rewards, that any specific products, prizes or services will be available for redemption in the Fancorps Rewards Store, or that the redemption value of any products, prizes or services contained in the Fancorps Rewards Store will remain unchanged at any given time. Fancorps makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of Fancorps Rewards under the program. Only those guarantees, warranties, and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Members.
28. FOR MEMBERS: INFORMATION ABOUT THE Fancorps SERVICE AND YOUR ACCOUNT
A. Accounts: Each Member is limited to one account per client community. You must keep all registration information current at all times. You may update Your registration information by visiting the Your profile page of the Website and entering or updating the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all Fancorps Rewards accumulated in the original and duplicate accounts will be forfeited.
B. Accumulation of Fancorps Rewards: Once you have become a Member, you can begin earning Fancorps Rewards (e.g., Activity Points or Store Credits) by undertaking various online Programs or performing other activities as determined by Fancorps (each a “Order”). The Programs that will allow You to earn Fancorps Rewards may change from time to time, with or without notice, in Fancorps's sole discretion and will be set forth either in this Agreement or on the Fancorps Website.
Fancorps reserves the right to suspend, terminate, revalue or modify, without liability, or required notice to Members, all or part of the Fancorps Rewards value structure and offers, or Member’s charity elections. Fancorps reserves the right to adjudicate all Fancorps Rewards discrepancies in its sole discretion, and the You agree to abide with any such adjudication.
Rules governing the method for earning Fancorps Rewards when a Member participates in special promotions are subject to the specific terms and conditions of the particular promotion, as specified in the terms and conditions for any such promotion.
C. Fancorps Rewards Activities and Values: Members shall receive Fancorps Rewards as specified in the individual Program descriptions on the Website. Members may have the opportunity of redeeming Fancorps Points for merchandise or other services which may be available from time to time, may redeem Fancorps Currency for Amazon e-gift cards or other “cash-out” options that may be available from time to time, or may donate Fancorps Currency to a charity that has partnered with Fancorps. All redemptions are subject to certain thresholds which will be stated on the Website. All Rewards will be described on the Website. Fancorps Points have no cash or gift certificate value.
Some Fancorps Rewards may expire eighteen (18) months after they have been posted to Member’s account (Members must use the Fancorps Rewards within eighteen (18) months). Fancorps may change or remove any of the Rewards Activities currently recognized, at any time, with or without notice to Members. The Fancorps Rewards that Members earn are not considered to be property and, as such, one cannot sell, transfer, or assign their Fancorps Rewards to any other person, under any circumstances, without Fancorps's written permission; provided, however, Members may donate their Fancorps Currency to a charity that has partnered with Fancorps, subject to the foregoing.
ACCEPTANCE OF TERMS
The terms of service set forth above shall constitute the entire understanding between Fancorps and each Member enrolled and participating in Fancorps. Use of Fancorps is governed by, and subject to, the legal notices contained in this Agreement. Your use of, or access to, Fancorps constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
IN NO EVENT SHALL Fancorps.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Fancorps.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fancorps.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Fancorps.COM FOR THE Fancorps SERVICES DURING THE TERM OF MEMBERSHIP.