THE FOLLOWING TERMS AND CONDITIONS CONTROL THE MANNER IN WHICH YOU USE OUR WEBSITE AND THE SERVICE PROVIDED BY FANDEPENDENT, LLC, CONTAIN SIGNIFICANT RESTRICTIONS AND LIMITATIONS ON YOUR RIGHTS AND REMEDIES, AND CREATE OBLIGATIONS ON ANYONE WHO ACCEPTS THIS AGREEMENT. THEREFORE, YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE AGREEING TO ITS TERMS AND CONDITIONS.
- “Fandependent”, “we”, “us” or “our” means Fandependent, LLC, a limited liability company, and affiliates.
- “Person” means an individual, corporation, partnership, limited liability company, association, trust, joint venture, unincorporated organization, other entity or group, or a government or governmental agency.
- “Website” means fandependentfilms.com.
- “You” or “your” means any Person using, or permitting the use of, our Website or the Service.
You must create an account with us to access the Service. You are prohibited from using another Person’s account without such Person’s prior consent. It is important that you provide correct and accurate information when setting up your account to ensure that you timely receive any notice from us. It is your responsibility to manage your account and you are responsible for all activity that occurs on your account. Therefore, we highly recommend that you keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses incurred by the unauthorized use of your account. Please note that you may be liable for our losses or third parties due to such unauthorized use.
3. Use of the Service
- You agree not to distribute the Service, or any part thereof, or the Website’s content, in any manner or medium, without our prior written consent.
- You agree not to alter or modify the Service, or any part thereof.
- You agree not to use the Service for any commercial purpose without our prior written consent.
- You agree not disturb or disrupt the functionality of the Service, including any communication between us and the Service and any security-related features of the Service.
- You understand that the Website may require you to download new and/or updated software to operate the Service. You authorize us to deliver such updates to you in order for you to use the Service.
- You agree not to use or launch any automated system that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to such users’ content.
- You agree to comply with all applicable laws while using the Service.
- We reserve the right to discontinue any aspect of the Service at any time and in our sole discretion.
4. Use of the Content
- All intellectual property rights, including, without limitation, copyrights, trademarks, service marks and logos, associated with the content on the Service are owned by us or made available to us in accordance with the law.
- You are permitted to access content available on the Service solely for your personal use and pursuant to the terms and conditions of this Agreement. You agree not to download any content unless the Service provides a readily available message permitting you to download such content. You agree not to reproduce, distribute, display, broadcast, transmit, sell, license, perform or otherwise disseminate any content of the Service without our prior written consent or the respective consent of the content owner. We reserve all rights not expressly granted in and to the Service and its content.
- You understand the Service includes content of all kinds and sources. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to content of the Service. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such content.
You may generally use the Service at no charge. In order to access the “FAN” feature available on the Service, you must pay a fee of Three Dollars (US$3.00). YOU WILL BE CHARGED A FEE ONLY IF YOU CHOOSE TO BECOME A FAN. You will be charged using the method of payment you selected. The fee may increase or decrease at any time and in our sole discretion. We recommend that you periodically review this Agreement to remain aware of the then-current fee.
You agree to defend, indemnify and hold harmless Fandependent and its subsidiaries, licensors, suppliers and affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants and representatives from, against and in respect of any claim, charge, demand, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, charges, claims, demands, fees (including attorney’s fees), expenses or damages of any nature arising from: (a) your use of and access to the Service; (b) your violation of this Agreement; (c) your violation of any third party rights, including, without limitation, any copyright, property or privacy right; or (d) any claim that the Service caused damage to a third party.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND AND FANDEPENDENT AND ITS SUBSIDIARIES, LICENSORS, SUPPLIERS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, CONSULTANTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF THEIR DATA PROVIDERS INVOLVED IN SUPPLYING, DEVELOPING, OPERATING OR MANAGING THE SERVICE SHALL BE LIABLE TO YOU IN ANY MANNER FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE SERVICE OR FOR ANY DAMAGES RESULTING THEREFROM REGARDLESS OF CAUSE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL FANDEPENDENT AND ITS SUBSIDIARIES, LICENSORS, SUPPLIERS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, CONSULTANTS AND REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT FANDEPENDENT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You expressly agree to assume all risks of Fandependent and its affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants and representatives arising out of participation in the Service and that the assumption of such risk by you is reasonable and acceptable. As such, you agree not to hold Fandependent or any of its successors and assigns responsible, or bring any claim against any such Person, for any injury resulting from your participation in the Service and hereby release, discharge and acquit Fandependent or any of its successors and assigns of and from all matters of action, causes of action, demands, rights, damages, claims, promises, agreements, obligations, liabilities, costs, and expenses of every kind, nature and character, whether in law or in equity, accrued or unaccrued, known or unknown, liquidated or unliquidated, certain or contingent, which you ever had or claimed to have or now has or claims to have, or may have in the future, against Fandependent or any of its successors and assigns, arising out of, or in any manner relating to the Service, including, without limitation, any rights to sue for defamation or violation of rights of privacy or rights of publicity.
We may at any time and in our sole discretion, without prejudice to our other rights or remedies, immediately terminate this Agreement and your account if you fail to comply with any of the terms of this Agreement.
11. Links to Third Party Websites
The Website may contain links to third party websites for your convenience. These third party websites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility related to the content, policies and practices of any third party websites and related to the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these third party websites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any third party website or its owner, or any information, products or services provided by any third party. You assume all responsibility for the use of information from a third party website. When leaving the Website, you should be aware that this Agreement may no longer govern, and, therefore, you should review the applicable terms and policies of each third party website.
12. Service May Be Inaccessible or Inoperable
You hereby acknowledge that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment (hardware) malfunctions; (b) software malfunctions; (c) periodic maintenance procedures or repairs which we may undertake from time to time; and/or (d) causes beyond our reasonable control and/or not reasonably foreseeable by us. We will use commercially reasonable to inform you prior to any maintenance procedures or repairs which may lead to the Service being inaccessible or inoperable and to address such issues when they occur.
You acknowledge that irreparable injury will result from your failure to comply with the terms of this Agreement. In the event of any actual or threatened default or breach of any of the provisions of this Agreement, we will have the right to specific performance or injunctive relief, as well as monetary damage and any other appropriate relief. The remedies provided in this Agreement will be cumulative and the assertion by us of any right or remedy provided in this Agreement will not preclude the assertion by us of any other rights or the seeking of any other remedies.
We may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. You should periodically review the Website for general notices and the most up-to-date version of this Agreement. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by electronic mail). You may give notice to us (such notice shall be deemed given when received by us) at any time by emailing us at info[at]fandepedentfilms.com
15. No Assignments
No assignment of this Agreement or of any right or obligation under this Agreement will be made by you without our prior written consent; provided, however, that we may assign our rights under this Agreement without your consent.