Terms of Service

Last updated August 23, 2007

Fanzter, Inc. creates web products and services for Internet users. These products and services are for entertainment purposes only.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use and our Privacy Policy govern your access to and use of the Site, including any content, information, personal information, products or Services therein. This is a legal agreement between you and Fanzter, Inc.

YOU UNDERSTAND THAT BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

In compliance with the Children's Online Privacy Protection Act of 1998, Fanzter does not accept membership registrations from users who are under 13 years of age. By registering with Fanzter Inc. or any affiliated sites or services, you represent that you are at least 13 years old.

1. Modification of the Site or Terms of Use

Fanzter, Inc. reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Fanzter account or service. By continuing to access or use the Site and Services after Fanzter, Inc. makes any such revision, you agree to be bound by the revised Terms of Use.

2. Termination; Cancellation

We may terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Submissions. We may seek to gather information from a Member or user who is suspected of violating these Terms of Use (or from any other Member or user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User Submissions, emails, or other materials that are believed to violate these Terms of Use.

3. Intellectual Property Rights and Ownership

a. Content

You may access and use the Services and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, license, or otherwise exploit the Service or Content. Fanzter, Inc. and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Service, Content, and the trademarks, service marks, and logos contained therein other than your User Submissions.

b. User Submissions

License Grant. Fanzter, Inc. does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to the Site, you hereby grant Fanzter, Inc. a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, or technology now known or later developed, including without limitation on the Site, other Fanzter, Inc. websites, and third party websites. You further represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Fanzter, Inc.. Fanzter, Inc. shall own all right, title, and interest in and to all derivative works and compilations of User Submissions that are created on the Site, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Fanzter, Inc. to give to Fanzter, Inc. the full benefit of the rights granted to Fanzter, Inc. by you.
Limitations. Fanzter, Inc. shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.
Disclaimer. Fanzter, Inc. has no ability to control the User Submissions that are uploaded, posted, or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose. Fanzter, Inc. does not endorse any User Submission or any opinion, recommendation, rating, advice, or product association expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fanzter, Inc. with respect thereto.

4. Restrictions

You agree you will not do any of the following while using or accessing the Site or Services:

Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Publish, post, upload, e-mail, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Circumvent, disable or otherwise interfere with security related features of the Site
Impersonate any person or entity, including, but not limited to, a Fanzter representative, or falsely state or otherwise misrepresent your affiliation with a person, product, or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
Violate any applicable law, regulation, or ordinance; or
Use the Site or Services in any manner not permitted by this Agreement.

5. Copyright Materials: No Unauthorized Use

YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Fanzter, Inc. has implemented a policy, stated below, that provides for the termination in appropriate circumstances of users who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide Fanzter Inc.’s Copyright Agent listed below with the following information required under 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description and identification of the copyright work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and enough information to permit Fanzter, Inc. to locate the material on the Site or Service;
Your address, telephone number and email address;
A statement, made under penalty of perjury, that the complaining party, has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement, made under penalty of perjury, that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fanzter’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Copyright Agent , c/o Fanzter, Inc.
75 Crown Street, 2nd Floor Box 348
Collinsville, CT 06022

Upon receipt of notice as described above, Fanzter, Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.

6. Disclaimer of Warranties

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. FANZTER, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Fanzter, Inc. or any Fanzter Service or Site, shall create any warranty not expressly stated in this Agreement.

7. Limitation of Liability

IN NO EVENT SHALL FANZTER, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FANZTER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FANZTER, INC.’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

8. Indemnification

You agree to defend, indemnify, and hold Fanzter, Inc., their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

9. Other; General

In the event that any provision in these Terms of use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement in any way without the prior written consent of Fanzter, Inc. and any prohibited assignment will be null and void. Fanzter, Inc. may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under this Terms of Use is that of independent contractors, and this Terms of Use will not be construed to imply that either party is the agent, employee, partner, or joint venturer of the other. This Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Any legal action or proceeding arising under this Terms of Use will be brought exclusively in courts located in Connecticut and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Terms of Use and the rules, restrictions and policies contained herein, and Fanzter, Inc.’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Fanzter, Inc. This Terms of Use together with the policies and rules of the Site constitutes the entire agreement between Fanzter, Inc. and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Fanzter, Inc. via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to legal@fanzter.com or to such other addresses as Fanzter, Inc. may specify in writing.

10. Communication

We welcome your ongoing feedback and communication. You agree, however, that (i) by submitting unsolicited ideas to Fanzter, Inc. or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Fanzter, Inc. or any of their employees or representatives automatically become the property of Fanzter, Inc. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Fanzter, Inc. together with all intellectual property rights therein.

If you have any questions about these Terms of Use, please contact us at legal@fanzter.com or by sending a written request to:

Fanzter, Inc.
75 Crown Street, 2nd Floor
Box 348
Collinsville, CT 06022

Fanzter