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iFanz.com and iFanz.net TERMS OF USE
Please read the following terms and conditions of use (the "Terms and Conditions") which govern your use of the Website located at http://www.IFanz.com and iFanz.net (referred to herein as the "Service") and your relationship with IFanz.com and iFanz.net, and all individuals and companies associated with this Website (collectively referred to as "Company"). IFanz.com and iFanz.net are a service of McCartney Multimedia, Inc, a California Corporation. If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with iFanz.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.
Clicking on the "I Accept" button at the bottom of this agreement, or further page views / usage of this Website, means that you accept and agree to the Terms and Conditions.
General Terms and Our Conditions
By using the Service, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. The Service is provided to you for entertainment purposes and to provide information about your band or product to your list via the software at iFanz.com and iFanz.net. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA TRANSMISSION, SERVICES, OR UNINTERRUPTED ACCESS. IFANZ DOES NOT GUARANTEE DELIVERY OF EMAIL TO ANY SPECIFIC IP ADDRESS, HOST OR SERVER AND CANNOT BE HELD RESPONSIBLE FOR NON DELIVERY DUE, BUT NOT LIMITED TO SPAM FILTERS, VIRUS BLOCKERS, BLACKLISTS, ISP BLOCKS OR ANY OTHER JUNK MAIL FILTERS OUTSIDE OUR SYSTEM. SPECIFICALLY, THE SERVICE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES, FINANCIAL LOSSES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, BROADCAST OR RE-BROADCAST, INTERRUPTION, DUPLICATION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THIRD PARTY SERVER ERROR, SERVICE OUTAGES,THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.NEITHER THE SERVICE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. iFanz.com and iFanz.net, Company, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Service, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. The Service does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.
We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to the Service" below.) The content of this Website may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
In consideration of your use of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
IFanz.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law, policy of this site or regulation. Your iFanz account may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by logging into your account and selecting "delete account" from within the "My Account Settings" tab in the members console. IFanz.com reserves the right to terminate your Membership at any time, without warning. Fees. You acknowledge that IFanz.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. If IFanz.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. The pricing structure is displayed at http://www.ifanz.com/04/subpage.php?ID=14. It is your responsibility to check the current pricing from time to time.Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify IFanz.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Buying Products Or Services
If you wish to purchase products or services offered on this web site, you will be asked to supply your name, credit card or other payment information, and your e-mail address. You must be 18 years of age or over to purchase products or services on this web site. You will be required to pay all charges, including shipping and handling charges, taxes, duties or other fees incurred by you or users of your credit card or other form of payment at the prices in effect when such charges are incurred.
International sales may be subject to VAT and other taxes, import duties, and/or customs or other charges not applicable to sales within the United States.
Pricing effective July 9, 2004
Levels:
Free >100 names - $0 /month with 100 emails one time
Garage 101>500 names - $9.97 / month with unlimited emails
Showcase 501>1000 names - $15.97 / month with unlimted emails
Club 1001>2500 -$29.97 /month with unlimited emails
Arena 2501>10,000 $49.97 /month with unlimited emails
Stadium 10,001 >25,000 $74.97 /month with unlimited emails
Hall of Fame >50,000 $99.97 /month with unlimited emails
50,001+ Corporate pricing applies. See www.icommunicationz.com.
Once your account crests a level, it is not eligible to become retroactively billed. PLEASE NOTE that upon this event happening, your card will be automatically billed for the difference between the OLD account price and the NEW account price. You will be sent an email notification which you may use as your receipt. User Conduct On the Service While using the Service, you may not: 1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software, databases or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property or privacy right, or derivative works with respect thereto, without obtaining permission of the copyright owner , named subscriber or rightsholder; or 2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or 3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or 4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
5. restrict or inhibit any other user from using and enjoying the Service; or
6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding; or
7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
Submissions
By displaying or publishing ("posting") any Content, databases, emails, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the iFanz servers, you hereby represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the permission of the rights or recipient owner, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, damages, SPAM actions and any other monies owing any person by reason of any Content or Databases posted by you to or through the Services.
You shall retain all copyrights of opted-in verified lists and media posted. iFanz agrees not to re-publish, copy, or distribute your materials for film, television, commercials, jingles, compilations, CDs, DVDs or any other mechanical or royalty-bearing media without your prior consent and subsequent financial participation therein. In other words, we will NEVER release your music, video or pictures in any form which can make money without you being fully informed, involved and paid.iFanz.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the iFanz.com Content (excluding any software code) solely for your personal use in emails broadcast from the iFanz service, within your website or third party fan or other spaces (pages).
U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
Links from and to the Service
You acknowledge and agree that the Service and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external Websites do not constitute an endorsement by the Service or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources.
Failure to Comply With Terms and Conditions and Termination
Subscription to this Service may be terminated at any time, and without cause, by either the Service or the Subscriber, upon notification by telephone or e-mail. When termination is requested by a Subscriber, subscription fees, if any, are NOT refunded. Subscribers are liable for charges incurred, if any, by them until termination of service.
You acknowledge and agree that we may terminate your password or account, if any, or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of the Service, or is otherwise inappropriate for continued access.
You agree to defend, indemnify and hold the Service and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
Disputes.
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. Either IFanz.com or you may demand that any dispute between IFanz.com and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California.
Refund Policy
No refunds will be given.
Indemnity.
You agree to indemnify and hold iFanz.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content or data that you post on the Website or through the Services causes IFanz.com to be liable to another. Miscellaneous
The Terms and Conditions and the relationship between you and the Service shall be governed by the laws of the United States. You and the Service each agree to submit to the personal and exclusive jurisdiction of the courts located within the United States.
The failure of the Service to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and IFanz.com regarding the use of the Services. The failure of IFanz.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. IFanz.com is a trademark of IFanz, 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.
Questions/Feedback
Should you have any questions or comments regarding IFanz.com and iFanz.net, please contact us via e-mail at info@ifanz.com and iFanz.net. Thank you for visiting.
322 Culver Blvd #124, Playa del Rey, CA, 90293
I ACCEPT
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