Last updated: September 1, 2011
1. ACCEPTANCE OF TERMS
Welcome to Fanified. The web pages available at www.fanified.com, and
all linked pages ("Site"), are owned and operated by Fanified, a sole proprietorship ("Fanified," "we," or "us"), and is accessed and used by you
By accessing this site or using any part of the Site or any content or services
on the Site, you agree to become bound by these terms and conditions. If you do
not agree to all the terms and conditions, then you may not access the Site or use
the content or any services on the Site.
Fanified reserves the right, at its sole discretion, to modify or replace
that no notice shall be required for non-substantive changes to the Agreement. If
notice before the changes take effect, during which period of time you may reject
the changes by terminating your account. Use of the Service by you following such
notification constitutes your acceptance of the terms and conditions of the Terms
of Use as modified.
3. DESCRIPTION OF SERVICE
Fanified provides services and content relating to sports, television shows and music, as
described more fully on the Site (the "Service"). The Service shall include, but
not be limited to, any service and content Fanified performs for you, as
well as the offering of any materials displayed or performed on or through the Service,
including but not limited to text, user comments, messages, information, data, graphics,
news articles, editorials, photographs, images, illustrations, software, audio clips
and video clips (collectively "Content"). Fanified may alter, suspend or
discontinue the Service, including any Content, for any reason, at any time, including
the availability of any feature or content. Fanified may also impose limits
on certain features and services or restrict your access to parts or all of the
Service without notice or liability.
You can browse Fanified and enjoy the Content without registering.
In order to post any Content or access certain features of the Service, you must
register with Fanified (which may include connecting to Fanified through
a third-party service) and select a password. Fanified reserves the right to refuse registration of,
or cancel a Fanified account in its sole discretion. When creating your account,
you must provide accurate and complete information. You are responsible for
maintaining the confidentiality of your Fanified password.
You are solely responsible for the activity that occurs on your account. You must
notify Fanified immediately of any breach of security or unauthorized use
of your account. Although Fanified will not be liable for your losses
caused by any unauthorized use of your account, you shall be liable for the losses
of Fanified or others due to such unauthorized use.
By providing Fanified your email address (including by connecting to Fanified
through a third-party service) you consent to our using the email address
to send you Service-related notices, including any notices required by law, in lieu
of communication by postal mail. We may also use your email address to send you
other messages, including changes to features of the Service and special offers.
You may opt out or change the frequency of certain email communications from Fanified
by sending an email message to email@example.com.
Opting out may prevent you from receiving email messages regarding updates, improvements,
or offers. You may not opt out of certain Service-related notices.
You may only use the Service if you are at least 13 years old, whether acting on
your own behalf or as an authorized employee or representative of a corporation
or other business entity. If you are at least 13 but less than 18 years old, you
certify that you have a parent’s or legal guardian’s consent to use
prohibited. If you do not so qualify, do not attempt to register for or use
The Service is provided for your personal, noncommercial use only. You may
not use the Service for commercial purposes.
6. USER CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is
intended by Fanified.
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate, or intimidate other Fanified
2. to contribute any Content that is infringing, libelous, defamatory, obscene,
pornographic, abusive, or offensive; that you know to be false, misleading, or untrue;
or that otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you
agree to comply with all local laws in your use of the Service;
4. to post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private information
from any Fanified user;
5. to create or submit unwanted email ("Spam") to any other Fanified users
or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright
7. to submit stories or comments linking to affiliate programs, multi-level marketing
schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider,
scraper or other automated means to access the Service for any purpose without our
express written permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt to
interefere with the proper working of the Service or any activities conducted on
the Service; or (iii) bypass any measures we may use to prevent or restrict access
to the Service;
9. with the intention of artificially inflating or altering the 'fan rankings',
or participating in any other organized effort that in any way artificially alters
the results of Fanified's services.
Fanified may remove any Content or deactivate any Fanified account
at any time for any reason (including, but not limited to, upon receipt of claims
or allegations from third parties or authorities relating to such Content), or for
no reason at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any
kind at or on the Site or otherwise through the Service (your “User Content”),
you represent and warrant that you own all rights in your User Content and that
any User Content you post does not and will not violate third-party rights of any
kind, including without limitation any Intellectual Property Rights (as defined
below) or rights of publicity or privacy. Fanified reserves the right,
but is not obligated, to reject and/or remove any User Content that we believe,
in our sole discretion, violates these provisions.
means all patent rights, copyright rights, mask work rights, moral rights, rights
of publicity, trademark, trade dress and service mark rights, goodwill, trade secret
rights and other intellectual property rights as may now exist or hereafter come
into existence, and all applications therefore and registrations, renewals and extensions
thereof, under the laws of any state, country, territory or other jurisdiction.
Fanified takes no responsibility and assumes no liability for any User Content
that you or any other users or third parties post or send over the Service. You
understand and agree that any loss or damage of any kind that occurs as a result
of the use of any User Content that you send, upload, download, stream, post, transmit,
display, or otherwise make available or access through your use of the Service,
is solely your responsibility, and you agree that we are only acting as a passive
conduit for your online distribution and publication of your User Content.
Fanified is not responsible for any public display or misuse of your User
Content. You understand and acknowledge that you may be exposed to User Content
that is inaccurate, offensive, indecent, or objectionable, and you agree that Fanified
shall not be liable for any damages you allege to incur as a result of such
Your User Content includes, without limitation, any blog post you provide via Fanified. You understand
and agree that any blog post provided via the Service is subject to the User Content
appearance when posted on Fanified than they do on your blog.
We may provide various opportunities and programs relating to User Content on the
Service (“User Content Programs”). Some User Content Programs
may require you to submit an application to participate, which Fanified may
approve or deny in its sole discretion. Your use of the Service, including
without limitation participation in any User Content Program, is strictly on a volunteer
basis for the benefit of you and the public at large, and does not form an employer-employee
relationship, partnership, or co-authorship between you and Fanified. While
Fanified may reward you for your participation in a User Content Program,
you will not receive any compensation of any type for your participation, and you
acknowledge that you are participating in the program solely for your own personal
benefit and desire to contribute to the program. You acknowledge and agree
that Fanified does not have the right to and shall not control the manner
and method in which you may create your User Content. Any suggestions Fanified
may make about your User Content are only suggestions, based on our understanding
of how users typically access Content and use the Service. You are not required
to implement any suggestion made by Fanified regarding your User Content
or to perform any requested activity or task, and you do so at your own volition
and risk. You agree that you are the sole author of your User Content, and
that Fanified does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other Fanified Users.
We reserve the right, but have no obligation, to monitor disputes between you and
8. LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant
that you have a right to grant, to Fanified a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute, transmit,
publicly perform, publicly display, and make derivative works of all such User Content
and your name, voice, and/or likeness as contained in your User Content, in whole
or in part, and in any form, media or technology, whether now known or hereafter
a non-exclusive, limited, personal license to use the Service. Fanified
reserves all rights not expressly granted herein in the Service and the Content.
Fanified may terminate this license at any time for any reason or no reason.
9. OUR PROPRIETARY RIGHTS
The Service and Content, and all Intellectual Property Rights related thereto, are
the exclusive property of Fanified and its licensors. Except as explicitly
in or under any such Intellectual Property Rights, and you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any materials or content
accessible on the Service, except that the foregoing does not apply to your own
User Content that you legally post on the Service.
Use of the Content or materials on the Service for any purpose not expressly permitted
We care about the privacy of our users.
to have your personal data transferred to and processed in the United States.
You will indemnify and hold harmless Fanified, its parents, subsidiaries,
affiliates, customers, vendors, officers and employees from any liability, damage
or cost (including reasonable attorneys fees and cost) from any claim or demand
made by any third party due to or arising out of your access to the Site, use of
any third party using your account, of any intellectual
property or other right of any person or entity.
12. WARRANTY DISCLAIMERS
You acknowledge that Fanified has no control over, and no duty to take any
action regarding: which users gain access to the Service; what effects the Content
may have on you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. You release Fanified
from all liability for you having acquired or not acquired Content through the Service.
The Service may contain, or direct you to sites containing, information that some
people may find offensive or inappropriate. Fanified makes no representations
concerning any content contained in or accessed through the Service, and Fanified
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, Fanified, ITS AFFILIATES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT
YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Fanified DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Fanified
SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND Fanified WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Service may provide, or third parties may provide, links to other websites
or resources. Because Fanified has no control over such sites and resources,
you acknowledge and agree that Fanified is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that Fanified
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
your use of such sites. We encourage you to be aware of when you leave the
website or service that you visit.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL Fanified, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT
TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE
GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF
(IN THE AGGREGATE) $100, EVEN IF Fanified HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL Fanified BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS
OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Fanified
makes no representations that the Service is appropriate or available for
use in other locations. Those who access or use the Service from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
Fanified may terminate or suspend the Service in whole or in part and/or
your Fanified account immediately, without prior notice or liability, if
of your account, your right to use the Service will immediately cease.
If you wish to terminate your Fanified account, you may discontinue using
the Service by logging in to your account and going to "Settings" and clicking on "Delete Account" or sending an email message to firstname.lastname@example.org with the words
"Terminate account" in the subject field, by following the instructions (if any)
on the Site.
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the
in any respect whatsoever. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further rights
Fanified may provide notifications, whether such notifications are required
by law or are for other business purposes, to you via email notice, written or hard
copy notice, or through posting of such notice on the Site, as determined by Fanified
in our sole discretion. Fanified reserves the right to determine the
form and means of providing notifications to users, provided that you may opt out
of certain means of notification as described in this Agreement. Fanified
is not responsible for any automatic filtering you or your network provider
may apply to email notifications we send to the email address you provide us. We
recommend that you add admin@Fanified.com to your email address book to help
ensure you receive email notifications from us.
provision shall be limited or eliminated to the minimum extent necessary so that
with Fanified's prior written consent. Fanified may transfer, assign
of the state of California, as if this agreement was made within California between
two residents thereof, and except for disputes submitted for arbitration pursuant
to the following paragraph, the parties submit to the exclusive jurisdiction of
the state and federal courts located in Santa Clara County, California. In any action
be entitled to recover costs and attorneys' fees. Both parties agree that these
enter into with Fanified in connection with the Service, constitute the complete
and exclusive statement of the mutual understanding of the parties, and supersede
and cancel all previous written and oral agreements, communications and other understandings
For any claim (excluding claims for injunctive or other equitable relief) under
this Agreement where the total amount of the award sought is less than $10,000,
the party requesting relief may elect to resolve the dispute through binding non-appearance-based
arbitration. The party electing such arbitration shall initiate the arbitration
through an established alternative dispute resolution ("ADR") provider mutually
agreed upon by the parties. The ADR provider and the parties must comply with the
following rules: a) the arbitration shall be conducted by telephone, online and/or
be solely based on written submissions, as selected by the party initiating the
arbitration; b) the arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties; and c) any
judgment on the award rendered by the arbitrator may be entered in any court of
Fanified requires that users of the Site respect the copyright and other
intellectual property rights of all third parties. In accordance with the Digital
Millennium Copyright Act (DMCA), Fanified will terminate, where warranted
as determined in Fanified’s sole discretion, users whom Fanified
believes are intentional and/or repeat infringers.