Terms of Service
Effective Date: March 1st, 2021 Updated June 1st, 2021
THIS AGREEMENT CONTAINS DISCLAIMERS OF DATA, DISCLAIMERS OF LIABILITY (SECTION #15), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION #14).
Agreement between User and Fanified.com
Welcome to fanified.com. The fanified.com, website (the “Site”) is comprised of various web pages operated by Fanified, LLC (“Fanified”). Fanified.com is offered to you conditioned on you acceptance without modification of the terms, conditions and notices contained herein ( the “Terms”). Your use of fanified.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
fanified.com is an E-Commerce Site. Sell premium high-quality products to Thalaivar Superstar Fans in USA and India and provide options to personalized the products for fans and corporate customers.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
2. Trade and Service Mark Rights
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the fanified.com, and whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
4. Electronic Communications
Visiting fanified.com or sending emails to Fanified constitutes electronic communications. You consent to receive electronic communications and you agree that all the agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy and legal requirements that such communications be in writing.
5. Your Account Registration, Username, Password, Security
a. Registration. Registration may be required for certain portions of the Services. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services.
b. Your User Identity. Your username and password will be your identity for purposes of interacting with the services.
c. Security. If you use this site, you are responsible for maintaining the confidentially of your account and password and for restricting access to your computer, and you agree to accept responsibility for all the activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fanified is not responsible for third party access to your account that results from theft or misappropriation of your account. Fanified and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
6. Emails -Abandoned cart emails
You’ll receive an automated email within 24 hours after you abandon your shopping cart, if all of the following occur:
- You enter your email address at checkout, or are logged into your Customer Account.
- You add a product which is in stock to your shopping cart.
- You close your browser or leave this website without completing your purchase.
You can unsubscribe from these messages at the bottom of the email. The email will link back to this website, where you can pick up where you left off and complete your purchase.
7. Visitor data -For customers and Order and account emails
We may email you with messages about your order or account activity. For example, we may email you to tell you that:
- You’ve created a Customer Account
- Your Customer Account password has been reset or updated
- You’ve made a purchase
- Your order has shipped
It’s not possible to unsubscribe from these messages.
When you buy products on this website, we collect personal information from you to fulfill the order. We may collect information like your:
- Billing and shipping address
- Details relating to your purchase (for example, your shirt size)
- Email address
- Phone number
8. Children Under Thirteen
Fanified does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you under 18. You may use rajinified.com only with permission of a parent or guardian.
9. Link to Third Party Sites/ Third Party Services
Fanified.com may contain links to other websites (“Linked Sites”). The Lined Sites are not under the control of Fanified and Fanified is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fanified is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by Fanified of the site or any association with its operators.
Certain services made available via fanified.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the rajinified.com domain, you hereby acknowledge and consent that Fanified may share such information and data with any third party with whom Fanified has a contractual relationship to provide the requested product, service or functionality on behalf of fanified.com users and customers.
10. No Unlawful or Prohibited Use/Intellectual Property
All contents included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site, is the property of Fanified or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary right. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, revers engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fanified content is not for resale. You use of the Site does not entitle you to make any un-authorize use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fanified and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do no grant you any license, express or implied, to the intellectual property of Fanified or our license except as expressly authorized by these Terms.
11. International Users
The Service is controlled, operated and administered by Fanified from our offices within the USA. If you access the Service from a location outside of USA, you are responsible for compliance with all local laws. You agree that you will not use the Fanified Content accessed through rajinified.com in any country or in any manner prohibited in any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Fanified, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expense (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any use postings made by you, your violations of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fanified reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperative with Fanified in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed up on a by the parties. The arbitrator’s award shall be final, and judgement at be entered up on it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
14. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER IN ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fanified agree otherwise, the arbitrator may not consolidate more than person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THOUGHT THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FANIFIED, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FANIFIED, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ARE RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. FANIFIED, LCC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
16. Termination/Access Restriction
Fanified reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts of Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that doesn’t not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fanified as a result of this agreement or use of the Site. Fanified’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fanified’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fanified with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fanified with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fanified with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
17. Changes to Terms
Fanified reserves the right, in its sole discretion, to change the Terms under which rajinified.com is offered. The most current version of the Terms will supersede all previous version. Fanified encourages you to periodically review the Terms to say informed of our updates
Fanified welcomes your questions or comments regarding the Terms.
Effective as of June 1st, 2021