This Service Agreement is entered into by and between Versus Technology, LLC, hereinafter FanVsFan, The Fan Broadcast Network and any individual, corporation, agency, company, or any other entity that uses the FanVsFan website. By accessing or using this website (collectively including all content and functionality available through the domain name fanvsfan.com (the “Website”), You acknowledge and agree that You have read, understand and agree to be bound by, the terms and conditions set forth below (this “Agreement”). This Agreement will refer to the user of the Website as “You” or “Your.”
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1. Eligibility; Registration – Any registration, use or access of this Website by users who are under thirteen (13) years of age or users who are under eighteen (18) years of age and not currently enrolled in high school or college is strictly prohibited and is in violation of this Agreement. By using or accessing this Website, You represent and warrant that You are 13 or older and in high school or college, or else that You are 18 or older, and that You agree to abide by all of the terms and conditions of this Agreement. If You are under the age of 18, You represent that You are either an emancipated minor, or have obtained the legal consent of Your parent or legal guardian to enter into this Service Agreement, submit content, participate on this website and fulfill the obligations set forth in this Agreement. You represent that You are not, nor is any other person who appears in Your submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society.
2. Acceptance - This Agreement constitutes Your agreement with FanVsFan, The Fan Broadcast Network, with respect to Your use of the Website and the FanVsFan, The Fan Broadcast Network services and network (hereinafter, the “Service”). FanVsFan, The Fan Broadcast Network reserves the rights to change, modify, add, or remove any terms of this Agreement at any time in its sole and absolute discretion, and without prior notice. We recommend You bookmark this page and review it each time You use or access the Website, noting the “Last Updated” information at the top of this page. Your continued use of the Website after any changes are made shall be deemed Your acceptance of changes, without limitation or qualification.
3. Proprietary Rights in Website Content; Limited License - All content included on the Website, including videos, graphics, designs, text, pictures, applications, software, music, sound and other files (the "Content"), are the proprietary property of FanVsFan, The Fan Broadcast Network, its users or its licensors with all rights reserved. Except as otherwise set forth herein, You may not modify, copy, distribute, frame, republish, display, post, transmit, download or sell any Content, in any form or by any means, in whole or in part, without FanVsFan, The Fan Broadcast Network's prior written permission. You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. The foregoing restrictions do not apply to any photos, videos, information (including Your name, image and likeness), messages, notes, text, music, advertisements, listings and other content that You upload, display or otherwise publish (hereinafter, “post”) on or through the Website in accordance with this Agreement. Provided that You are eligible for use of the Website, and subject to the terms and conditions set forth herein, You are granted a non-exclusive, non transferrable limited license to access and use the Website and the Content and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of FanVsFan, The Fan Broadcast Network, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. FanVsFan, The Fan Broadcast Network reserves all rights not expressly granted in and to the Content and the Service.
4. Trademarks - “FANVSFAN, THE FAN BROADCAST NETWORK” “Compete, Broadcast, Win” and “FanBowls” other FanVsFan, The Fan Broadcast Network graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Versus, LLC and or FanVsFan, The Fan Broadcast Network in the U.S. and/or other countries. All rights reserved. FanVsFan, The Fan Broadcast Network's trademarks and trade dress may not be copied or used in any manner with out the prior written consent of FanVsFan, The Fan Broadcast Network.
5. Changes to the Website - FanVsFan, The Fan Broadcast Network may change, suspend or discontinue any aspect of the Website, the products or services offered, or Your User Content at any time, without prior notice or liability. FanVsFan, The Fan Broadcast Network may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability. Changes will be posted on the website. In addition, when using particular services offered by the Website, You will be governed by additional terms which will become legally binding when You procure such services. All additional terms are incorporated herein by reference. In the event of a conflict between such additional terms and these terms, such additional terms shall prevail.
6. User Representations and Warranties; User Conduct - You represent, warrant and covenant that You meet the eligibility requirements set forth above and will not upload, display or otherwise publish (hereinafter, “post”), or distribute through the Website any materials which are unlawful, infringing, threatening, abusive, libelous, defamatory, obscene, harassing, vulgar, invasive of privacy or publicity rights, pornographic, profane, indecent, hatefully or racially, ethnically or otherwise objectionable. User Content cannot contain or display any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements) as determined by Company, in its sole discretion. You further represent, warrant and agree (i) that You own the content You provide and/or otherwise possess the rights to use it as provided in this Agreement and to grant the licenses and sublicenses contemplated herein, (ii) that all information You provide (including Your registration information) is accurate, current and complete, and does not violate the terms of this Agreement; (iii) to maintain the security of Your password and identification and be fully responsible for all use of Your account and for any actions that take place using Your account. You are solely responsible for all acts or omissions that occur under Your listing or password, including the accuracy and completeness of all content that You (or anyone using Your account) submit or post on the Website. Except for advertising programs offered by FanVsFan, The Fan Broadcast Network, You agree that Your access and/or use of the Website and related services are for personal, noncommercial purposes only. You agree to comply with all local laws and regulations in Your use of the Website.
In addition, You agree not to use the Website or the Service to: (i) upload, post, transmit, or otherwise make available any unauthorized advertising, solicitations, junk mail, chain letters or pyramids; (ii) collect email addresses or other information of other users from the Website by electronic or other means for the purpose of sending unsolicited emails or communications, harassment, or other unauthorized activity; (iii) use the Website or Services in any manner that could disable, overburden or damage the Website; (iv) solicit personal information from anyone under 18 or solicit passwords or personally identify information for commercial or unlawful purposes; (v) upload, post or otherwise make available any software virus or any computer code, or program designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment; (vi) impersonate anyone or falsely state or otherwise misrepresent Your affiliation with anyone; (vii) use or attempt to use another’s account, service or system, or create a false identity on the Website; (viii) upload, transmit, share or otherwise make available content that, in the sole judgment of FanVsFan, The Fan Broadcast Network, is objectionable or which may expose the Company or any user to liability or damage of any type; or (ix) use any robot, spider, scraper or other data gathering or extraction means to access the Website for any purpose.
The foregoing provisions of this Section are for the benefit of FanVsFan, The Fan Broadcast Network, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You represent and warrant to FanVsFan, The Fan Broadcast Network that You have the full legal right, power and authority to grant to FanVsFan, The Fan Broadcast Network the license provided below, that You own or control the complete exhibition and other rights to the materials You submitted for the purposes contemplated herein, and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate any trademark, copyright, patent or trade secret law, or any right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You represent and warrant that, if necessary, You have the written consent of each and ever identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by herein, and each such person has released You and FanVsFan, The Fan Broadcast Network from any liability that may arise in relation to such use.
By posting User Content to any part of the Website, You automatically grant to the Company an irrevocable, perpetual, nonexclusive, transferrable, fully paid and royalty-free, worldwide license (and the right to use Your name, voice, likeness and biographical data in connection with such license) to publicly perform and display, archive, store, use, copy, modify, translate, excerpt (in whole or in part), telecast, rerun, reproduce, create derivative works from, syndicate, license, print, incorporate into other works, distribute, and otherwise exhibit Your User Content in any manner and for any purpose, commercial, advertising or otherwise, all and in any forum, medium, media, software, or technology of any kind now existing or developed in the future. You further grant and authorize the Company the right to issue sublicenses to all of the foregoing rights. You hereby waive all moral rights which You may hereafter acquire in Your User Content. You may remove Your User Content from the Website at any time, provided however, the foregoing license rights shall survive any removal of Your User Content from the Website. You also hereby grant each user of the Website a non-exclusive license to access Your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.
8. Security - FanVsFan, The Fan Broadcast Network shall use reasonable efforts to restrict unauthorized access to Your data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files You store using the Website. Use of the Website is completely at Your own risk.
9. Indemnity - You agree to indemnify and hold FanVsFan, The Fan Broadcast Network, and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) Your breach of this Agreement, (ii) any violation by You of law or the rights of any third party, (iii) any User Content You post or share on or through the Website, (iv) Your use of the Website or the Services, and (v) Your conduct in connection with the Website or the Service or with other users of the Website or the Service. FanVsFan, The Fan Broadcast Network reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, You shall provide FanVsFan, The Fan Broadcast Network with such cooperation as is reasonably requested by FanVsFan, The Fan Broadcast Network.
10. Third Party Content – This Website contains (or You may be sent through the Website or Services) links to other web sites, as well as third party Content. FanVsFan, The Fan Broadcast Network does not represent, warrant, endorse or guarantee the accuracy or reliability of any third party Content or any links, advertising, products or services offered, displayed, posted or published on or through the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Website. FanVsFan, The Fan Broadcast Network is not responsible for the conduct, whether online or offline, of any user of the Website or Service. FANVSFAN, THE FAN BROADCAST NETWORK DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, ERRORS, OR OMISSIONS OF ANY THIRD PARTY CONTENT. FANVSFAN, THE FAN BROADCAST NETWORK RESERVES THE RIGHT TO REVISE OR REJECT ANY SUBMISSION RECEIVED. YOU ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL FANVSFAN, THE FAN BROADCAST NETWORK HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND/OR ANY THIRD PARTY DEALINGS OR COMMUNICATIONS ORIGINATED THROUGH THE WEBSITE, OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES.
11. General Practices Regarding Use and Storage –You acknowledge that FanVsFan, The Fan Broadcast Network may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content, messages or communications will be retained by the Website, the maximum disk space that will be allotted on FanVsFan, The Fan Broadcast Network's servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that FanVsFan, The Fan Broadcast Network has no responsibility or liability for the deletion or failure to store any Content, messages and other communications maintained or transmitted by the Service. You acknowledge that FanVsFan, The Fan Broadcast Network reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FanVsFan, The Fan Broadcast Network reserves the right to modify these general practices and limits from time to time.
12. Third Party Products and Services – All listings posted on or through the Website by anyone other than FanVsFan, The Fan Broadcast Network for products, services and transactions will be potential agreements or relationships between the members. FanVsFan, The Fan Broadcast Network disclaims any responsibility or liability relating to such products, services and transactions. The parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased, and for the results and performance of any transaction or relationship entered into through the Website. ALL TRANSACTIONS BETWEEN MEMBERS ARE “AS IS” AND AT YOUR OWN RISK.
13. Mobile Services – The Services offered by FanVsFan, The Fan Broadcast Network include certain Services that may be available via Your cell phone, including (i) the ability to receive and reply to messages, and to post Content using text messaging; (ii) the ability to browse the Website from Your cell phone; and (iii) the ability to upload content to the Website from Your cell phone. We do not charge You for these Services. However, Your carrier’s normal messaging, data and other rates and fees will still apply. You should check with Your carrier to find out what plans are available and how much they cost. By accessing and using the Website via Your cell phone, You agree that we may communicate with You regarding FanVsFan, The Fan Broadcast Network, the Website and other services and products by SMS, MMS, text message or other electronic means to Your cell phone and that certain information about Your usage of mobile services may be communicated to us. In the event You change or deactivate Your cell phone number, You agree to promptly update Your FanVsFan, The Fan Broadcast Network account information to ensure that Your messages are not sent to the person that acquires Your old number.
14. Termination –The only right with respect to dissatisfaction from You with any terms and conditions of this Agreement, in operating the website, or any change in Content, is for You to discontinue accessing the Website. FanVsFan, The Fan Broadcast Network may temporarily or permanently suspend and/or terminate Your membership and access to all or any part of the Website or the Service, for any reason or no reason, at any time in its sole discretion, with or without notice. FanVsFan, The Fan Broadcast Network may discontinue operating the Website and terminate this Agreement without notice at any time for any reason in its sole discretion. Further, You agree that FanVsFan, The Fan Broadcast Network shall not be liable to You or any third party for any termination of Your access to the Website. Either party may terminate this Agreement with or without cause at any time by giving notice.
15. Versus Technology, LLC – You acknowledge and agree that any suggestions, ideas, comments, feedback or other information about the Website or Service provided by You to FanVsFan, The Fan Broadcast Network (“Versus Technology, LLC”) are non-confidential and shall become the sole property of FanVsFan, The Fan Broadcast Network. FanVsFan, The Fan Broadcast Network shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these FMN Communications for any purpose, commercial or otherwise without acknowledgment or compensation to You.
16. Availability, Liability, Viruses - Due to the nature of the internet and computer systems, FanVsFan, The Fan Broadcast Network cannot be held liable for the continuous availability of the Website. Although FanVsFan, The Fan Broadcast Network makes every endeavor to keep the Website free from viruses, FanVsFan, The Fan Broadcast Network cannot make any guarantee that it is virus-free. You shall, for Your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The Website and the Service may be unavailable from time to time for maintenance or other reasons. FanVsFan, The Fan Broadcast Network assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications or Content. FanVsFan, The Fan Broadcast Network is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, on account of technical problems or traffic congestions on the internet or at the Website, including injury or damage to User’s or to any other person’s computer, cell phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Website or the Service.
ALL INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL, NON-COMMERCIAL USE. NEITHER FANVSFAN, THE FAN BROADCAST NETWORK, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, MAKES ANY WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR THE CONTENT CONTAINED THEREIN, THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE AND/OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE.
FANVSFAN, THE FAN BROADCAST NETWORK DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FANVSFAN, THE FAN BROADCAST NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL DATA OR SOFTWARE (INCLUDING ANY MOBILE USER) FROM OR THROUGH THE WEBSITE OR SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR CELL PHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under such applicable law.
FANVSFAN, THE FAN BROADCAST NETWORK, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICES PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOODWILL, PROFITS OR COMMERCIAL OPPORTUNITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FANVSFAN, THE FAN BROADCAST NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL FANVSFAN, THE FAN BROADCAST NETWORK, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF THE AMOUNT PAID BY YOU TO FANVSFAN, THE FAN BROADCAST NETWORK, IF ANY, OR $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FANVSFAN, THE FAN BROADCAST NETWORK FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGE OF ANY KIND FROM FANVSFAN, THE FAN BROADCAST NETWORK, REGARDLESS OF THE CAUSE OF ACTION. IN NO EVENT SHALL FANVSFAN, THE FAN BROADCAST NETWORK, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
17. Notice of Intellectual Property Infringement - In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of FanVsFan, The Fan Broadcast Network in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If You believe that Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on FanVsFan, The Fan Broadcast Network, please provide substantially the following information to our Copyright Agent (please consult Your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works or intellectual properties at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement by the complaining party that he, she or it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FanVsFan, The Fan Broadcast Network’s copyright agent can be reached as follows:
E. Scott Stephens, c/o Versus Technology, LLC, 207 Saxon Woods Rd Scarsdale NY., 10583, Voice (860) 306-9136, copyrightnotice@fanvsfan dot com.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT FanVsFan, The Fan Broadcast Network’s COPYRIGHT AGENT FOR OTHER CUSTOMER INQUIRIES OR QUESTIONS. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18. Counter-Notification for Intellectual Property Infringement - If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the content in Your User Content, You may send a written counter-notice containing the following information to the Copyright Agent:
- An electronic or physical signature of the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
- Your address, telephone number, and e-mail address;
- A statement, under penalty of perjury, that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- A statement by You that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which FanVsFan, The Fan Broadcast Network may be found, and that You will accept service of process from the person who provided notification under Section 17 above or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. In accordance with the DMCA and other applicable law, FanVsFan, The Fan Broadcast Network has adopted a policy of terminating, in appropriate circumstances, and at FanVsFan, The Fan Broadcast Network’s sole discretion, users who are deemed to be repeat infringers. FanVsFan, The Fan Broadcast Network may also, at its sole discretion, limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
19. Governing Law; Venue and Jurisdiction - By visiting or using the Website You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and FanVsFan, The Fan Broadcast Network. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Los Angeles, California, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Los Angeles, California.
20. Arbitration - YOU AND FANVSFAN, THE FAN BROADCAST NETWORK AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE WEBSITE AND/OR THE PRODUCTS AND SERVICES OFFERED (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR PRODUCTS OR SERVICES OFFERED) SHALL BE FINAL AND BINDING ARBITRATION EXCLUSIVELY IN ALAMEDA COUNTY, CALIFORNIA. Notwithstanding the foregoing: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the user conduct rules set forth above or otherwise on the Website, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Moreover, any disputes or claims relating to any transactions You enter into with a third party through the Website are not subject to this Section.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") and, except as otherwise provided herein, in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). To the fullest extent allowed by applicable law, the location of the arbitration shall be in Alameda County, California. The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, FanVsFan, The Fan Broadcast Network will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
21. E-Mail: Electronic Notification - When You register with FanVsFan, The Fan Broadcast Network, You expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from FanVsFan, The Fan Broadcast Network. You consent to receive notices electronically by way of transmitting the notice to You by email.
22. User Disputes – You are solely responsible for Your interactions with other FanVsFan, The Fan Broadcast Network users. We reserve the right, but have no obligations to monitor disputes between You and other users.
24. General - This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, not any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be enforced to the maximum extent permissible so as to give effect to the parties’ intentions as reflected in the provision, and all other provisions of this agreement shall remain in full force and effect. In the event of a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of attorneys’ fees and costs.
25. Statute of Limitations – Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Website or this Agreement or the Casting Call Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.