FanTogether, L.L.C. Terms of Service and Use

Please read these terms of service and use carefully before using the services offered by FanTogether, L.L.C. (“FanTogether”), an Oregon Limited Liability Company. Capitalized words or phrases have special meanings that are defined in a section, or by that section as a whole.

General

Your use of FanTogether's products, software, services, applications and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by FanTogether under a separate written agreement) is subject to the terms of a legal agreement between you and FanTogether. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with FanTogether, your agreement with FanTogether will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the ("Terms").

Acceptance

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing FanTogether's website (the "Site"), you agree to all of the Terms contained herein, which also incorporate FanTogether's privacy policy, FanTogether's merchant license agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by FanTogether, each of which is incorporated by reference and each of which may be updated by FanTogether from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by FanTogether from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. These Terms apply to all users of the Services.

You may also accept the Terms by clicking to accept or to agree to the Terms, where this option is made available to you by FanTogether in the user interface for any Services.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with FanTogether, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Terms for your records.

Modifications

FanTogether reserves the right at all times to change, discontinue or modify any of its Terms, Privacy Policies, and/or our License Agreements as it deems necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. When these changes are made, FanTogether will make a new copy of the Terms available on the Site and any new Terms will be made available to you from within, or through, the affected Services.

You understand and agree that if you use the Services after the date on which the Terms have changed, FanTogether will treat your use as acceptance of the updated Terms.

Changes will be effective immediately for new users of our Services.

Registration

As a condition to using certain aspects of the Services, you are required to register with FanTogether. You represent, warrant and covenant that the information you provide to FanTogether is accurate, truthful, and complete. Registration information includes, but is not limited to, your name (“User Name”), e-mail address and a password you will use to access the Services. You further agree to keep your registration information current and up-to-date.

You shall not:

  • provide any false personal information to FanTogether (including a false User Name) or create any account for anyone other than yourself without such person's permission;

  • use a User Name that is the name of another person with the intent to impersonate that person;

  • use a User Name or FanTogether account that is subject to any rights of a person other than you without appropriate authorization; or

  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

  • FanTogether reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your FanTogether password. You shall never use another user's account without such other user's prior express permission. You will immediately notify FanTogether in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Your use of the Services

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by FanTogether, unless you have been specifically allowed to do so in a separate agreement with FanTogether. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with FanTogether, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that FanTogether has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FanTogether may suffer) of any such breach.

Privacy and your personal information

For information about FanTogether data protection practices, please read FanTogether's privacy policy. This policy explains how FanTogether treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with FanTogether's privacy policies.

Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible to FanTogether for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify FanTogether immediately.

Content

For purposes of these Terms, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by FanTogether on or through the Services. Content added, created, uploaded, submitted, distributed, or posted to the Services by users is collectively referred to as, “User Submissions."

FanTogether, similar to an Internet Services Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, FanTogether has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributor(s) and not of FanTogether.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with FanTogether. FanTogether neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on FanTogether by anyone other than authorized FanTogether employee spokespersons while acting in official capacities. Under no circumstances will FanTogether be liable for any loss or damage caused by a user's reliance on information obtained through FanTogether. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through FanTogether.

FanTogether contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by FanTogether of the contents on such third-party sites, and FanTogether hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at its own risk. Unless you have executed a written agreement with FanTogether expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. FanTogether reserves the right to revoke its consent to any link at any time in its sole discretion.

User Submissions

By submitting User Submissions on the Site or otherwise through the Services, you hereby grant FanTogether a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Services and FanTogether's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each user of the Site and/or the Services a non-exclusive license to access your User Submissions through the Site and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. The foregoing license grant to FanTogether does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with FanTogether.

You represent and warrant that you have all rights to grant such license to FanTogether without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that FanTogether will not be liable for any errors or omissions in any Content; and that FanTogether cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.

License from FanTogether

FanTogether gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FanTogether as part of the Services as provided to you by FanTogether (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FanTogether, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by FanTogether, in writing.

Unless FanTogether has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Content license from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give FanTogether a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling FanTogether to display, distribute and promote the Services and may be revoked for certain Services as defined in these Terms or the Additional

Terms of those Services.

You agree that this license includes a right for FanTogether to make such Content available to other companies, organizations or individuals with whom FanTogether has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that FanTogether, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit FanTogether to take these actions.

You confirm and warrant to FanTogether that you have all the rights, power and authority necessary to grant the above license.

Proprietary rights

You acknowledge and agree that FanTogether (or FanTogether's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by FanTogether and that you shall not disclose such information without FanTogether's prior written consent.

Unless you have agreed otherwise in writing with FanTogether, nothing in the Terms gives you a right to use any of FanTogether's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with FanTogether, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and FanTogether's brand feature use guidelines as updated from time to time.

Other than the limited Content licenses granted to FanTogether from you, FanTogether acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with FanTogether, you agree that you are responsible for protecting and enforcing those rights and that FanTogether has no obligation to do so on your behalf.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by FanTogether, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by FanTogether on the Services are subject to change without specific notice to you.

In consideration for FanTogether granting you access to and use of the Services, you agree that FanTogether may place such advertising on the Services.

Updates

The Software which you use may automatically download and install updates from time to time from FanTogether. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FanTogether to deliver these to you) as part of your use of the Services.

Termination

The Terms will continue to apply until terminated by either you or FanTogether as set out below.

If you want to terminate your legal agreement with FanTogether, you may do so by (a) notifying FanTogether at any time and (b) closing your accounts for all of the Services which you use, where FanTogether has made this option available to you.

FanTogether may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Any fees paid hereunder are non-refundable.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FanTogether have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

Save to the extent required by law, FanTogether has no special relationship with or fiduciary duty to you. You acknowledge that FanTogether has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; 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 FanTogether from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. FanTogether makes no representations concerning any Content contained in or accessed through the Services, and FanTogether will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FanTogether'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FanTogether'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "

AS AVAILABLE

IN PARTICULAR, FanTogether, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  • (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
  • (D) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  • (E) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FanTogether OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

FanTogether FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Privacy Act notice

Electronic Communications Privacy Act Notice (18 USC 2701-2711): FanTogether makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Services or any website linked to the Services. FanTogether will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on FanTogether's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FanTogether, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

ANY CHANGES WHICH FanTogether MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

YOUR FAILURE TO PROVIDE FanTogether WITH ACCURATE ACCOUNT INFORMATION;

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

ANY MERCHANT, COMPANY'S, VENDOR'S, INDIVIDUAL'S, OR OTHER ORGANISATION'S FAILURE TO HONOR A COUPON PROVIDED TO YOU THROUGH OR FROM ANY OF THE SERVICES.

FanTogether'S FAILURE TO DELIVER DONATIONS TO THE INTENDED CHARITABLE ORGANISATION.

THE LIMITATIONS ON FanTogether'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT FanTogether HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);

FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR

ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Indemnification

You agree to defend, indemnify, and hold harmless FanTogether, its affiliates and each of its, and its affiliates  employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or otherwise from your User Submissions, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of FanTogether).  FanTogether reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with FanTogether in asserting any available defenses.

No liability for failing to perform

FanTogether shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FanTogether's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with FanTogether's prior written consent. FanTogether may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Dispute resolution & governing law

The Terms, and your relationship with FanTogether under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and FanTogether agree to submit to the exclusive jurisdiction of the courts located within the county of Benton, Oregon to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FanTogether shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Solely in respect of users located in the EEA and/or Australia, the following governing law provisions shall apply:

These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Severability and non-waiver

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The failure of FanTogether or any other party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

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