Terms of Service
FAN MEDIA NETWORK SERVICE AGREEMENT
Last Updated: January 14, 2016
TERMS AND CONDITIONS
- Acceptance – This Agreement constitutes Your agreement with Fan Media, with respect to Your use of this Service. Fan Media 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 review this Agreement each time You use or access this Service, noting the “Last Updated” information at the top of this page. Your continued use of this Service after any changes are made shall be deemed Your acceptance of changes, without limitation or qualification.
- Proprietary Rights in Service and Content; Limited License – All content included on this Service, including videos, graphics, designs, scripts, photos, interactive features, text, pictures, applications, software, music, sound and other files (the “Content”), are the proprietary property of Fan Media, its users or its licensors with all rights reserved. All Content posted by Fan Media is owned by Fan Media, 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 Fan Media’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 this Service in accordance with this Agreement (“Your Content”). Your Content is owned by You and/or any of your authorized licensors. Provided that You are eligible for use of this Service, and subject to the terms and conditions set forth herein, You are granted a non-exclusive, nontransferable limited license to access and use this Service and 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 this Service or the Content other than as specifically authorized herein, without the prior written permission of Fan Media, 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. Fan Media reserves all rights not expressly granted in and to the Content and this Service.
- Trademarks and Intellectual Property Rights – “Fan Media” and other Fan Media graphics, logos, designs, page headers, icons, scripts and service names are trademarks, services marks or trade dress of Fan Media in the U.S. and/or other countries. All rights reserved. Fan Media’s trademarks, services marks and trade dress may not be copied or used in any manner without the prior written consent of Fan Media. All Fan Media Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Fan Media, Fan Media owns and retains all rights in the Fan Media Content and this Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fan Media Content and you will not reproduce, download, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Fan Media Content.
- Changes to this Service – Fan Media may change, suspend or discontinue any aspect of this Service, the products or services offered, or Your Content at any time, without prior notice or liability. Fan Media may also impose limits on certain features and services or restrict access to parts or the entire Service without notice or liability. Changes will be posted on the website www.fanmedianetwork.com. In addition, there may be times when You will use or access particular services or features offered by Fan Media through this Service, and in any such case, You will be governed by additional terms which will become legally binding when You procure such additional 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.
- User Representations and Warranties; User Conduct – You represent, warrant and covenant that You meet the eligibility requirements set forth herein and will not upload, display or otherwise publish (hereinafter, “post”), or distribute through this Service any materials which are unlawful, infringing, threatening, abusive, libelous, defamatory, obscene, harassing, vulgar, invasive of privacy or publicity rights, pornographic, profane, indecent, violent, nude, hatefully or racially, ethnically or otherwise objectionable. Your 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 agree that you will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via this Service, including without limitation, your or any other person’s credit card information, social security or alternate national identity number, non-public phone numbers or non-public email addresses. Fan Media reserves the right to determine whether Content violates this Agreement for reasons other than copyright. 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 through this Service. Except for advertising programs offered by Fan Media, You agree that Your access and/or use of this Service and related services are for personal, noncommercial purposes only. You agree to comply with all local laws and regulations in Your use of this Service.
In addition, You agree not to use this 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 by electronic or other means for the purpose of sending unsolicited emails or communications, harassment, or other unauthorized activity; (iii) use this Service in any manner that could disable, overburden or damage the Service; (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 software, hardware or telecommunications equipment, device or computer; (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; (viii) upload, transmit, share or otherwise make available content that, in the sole judgment of Fan Media, 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, crawler or other data caching, gathering or extraction means to access any Content on this Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine for any purpose; or (x) circumvent, disable or otherwise interfere with security-related features of this Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of this Service or the Content.
- Non-Solicitation of Teams; Goals of Service – You agree not to solicit or otherwise contact any collegiate or professional sports team or player on any such team without the prior written consent of the Company. Fan Media’s Video Content is expected to provide news reporting, commentary, criticism, interviews, storytelling and special fan moments. Fan Media is not about compiling game footage.
You represent and warrant to Fan Media that You have the full legal right, power and authority to grant to Fan Media the license provided below, that You own or control the complete exhibition and other rights to the materials You submit 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, in any submission (i) You have the written consent of each and every identifiable natural person to use such person’s voice, name, likeness and/or biographical data in the manner contemplated herein; (ii) that each such person has, in writing, released You and Fan Media from any liability that may arise in relation to such use; and (iii) that each such person has agreed in writing to the licensing rights set forth in the following paragraph.
By posting Your Content to any part of this Service, 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, redistribute, syndicate, and otherwise exhibit and monetize Your 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 Content. You may remove Your Content from this Service at any time, provided however, the foregoing license rights shall survive any removal of Your Content. You also hereby grant each user of this Service a non-exclusive license to access and use Your Content through this Service, as permitted through the functionality of this Service and under this Agreement.
You hereby agree that Fan Media may place advertising, promotions and sponsorship information on this Service or on, about or in conjunction with your Content. The manner, mode and extent of such advertising, sponsorship and promotion are subject to change without notice, and are at Fan Media’s sole discretion.
The foregoing provisions of Sections 5, 6, and 7 are for the benefit of Fan Media, 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.
- Competition and Contests; Rules – Fans may choose to post videos and compete to (i) be selected as Fan Media’s official correspondent (“Official Correspondent”) for one or more teams, (ii) have one or more of their videos displayed on the applicable team’s channel, (iii) win tickets to games, special access and products or services from Fan Media’s sponsors, advertisers and/or partners; and (iv) earn money through fan-to-fan mobile payments (tips/donations) and or advertising. Each contestant must meet all the Content requirements and other terms and conditions set forth herein and be eligible to use this Service in accordance with Section 18 hereof. Videos must be no longer than 30 seconds. Video competitions will be judged and selected by Fan Media’s professional judges, based upon production quality, content, newsworthiness, timeliness, accuracy, creativity and entertainment, as well as certain Fan Media proprietary key performance indicators.
- Security – Fan Media 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 this Service. Use of this Service is completely at Your own risk.
- Indemnity – You agree to indemnify and hold Fan Media, 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, including without limitation any copyright, property or privacy right; (iii) any Content You post or share on or through this Service, (iv) Your use of this Service, and (v) Your conduct in connection with this Service or with other users of this Service. Fan Media 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 Fan Media with such cooperation as is reasonably requested by Fan Media. This indemnification obligation will survive this Agreement and your use of this Service.
- Third Party Content – This Service contains (or You may be sent through this Service) links to other web sites, as well as third party Content. Fan Media 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 this Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share through this Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content You may encounter through this Service. Fan Media is not responsible for the conduct, whether online or offline, of any user of this Service. Fan Media disclaims any responsibility for the accuracy, errors, or omissions of any CONTENT. Fan Media reserves the right to revise or reject any submission received. You acknowledge and agree that, under no circumstances, will Fan Media have any liability related to any goods, services or content available ON OR through thIS SERVICEand/or any third party OR USER dealings or communications originated through THIS SERVICE, or for any information that you provide to third parties .
12. General Practices Regarding Use and Storage –You acknowledge that Fan Media may establish general practices and limits concerning use of this Service, including without limitation the maximum number of days that Content, messages or communications will be retained, the maximum space that will be allotted on Fan Media’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access this Service in a given period of time. You agree that Fan Media has no responsibility or liability for the deletion or failure to store any Content, messages and other communications maintained or transmitted by this Service. You acknowledge that Fan Media reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fan Media reserves the right to modify these general practices and limits from time to time.
- Third Party Products and Services – All listings posted on or through this Service by anyone other than Fan Media for products, services and transactions will be potential agreements or relationships between users of this Service. Fan Media 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 this Service. ALL TRANSACTIONS BETWEEN MEMBERS ARE “AS IS” AND AT YOUR OWN RISK.
- Your Carrier’s Cell Phone Fees – Your carrier’s normal messaging, data and other rates and fees will apply to your use of this Service. You should check with Your carrier to find out what plans are available and how much they cost. By accessing and using this Service, You agree that we may communicate with You regarding Fan Media, this Service 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 Fan Media account information to ensure that Your messages are not sent to the person that acquires Your old number.
- Termination –Your only right with respect to dissatisfaction with this Service or any terms and conditions of this Agreement, or any change in Content, is for You to discontinue accessing this Service. Fan Media may temporarily or permanently suspend and/or terminate this Service and/or Your membership and access to all or any part of this Service, for any reason or no reason, at any time in its sole discretion, with or without notice. Further, You agree that Fan Media shall not be liable to You or any third party for any termination of this Service or Your access to this Service. Either party may terminate this Agreement with or without cause at any time by giving notice.
- FMN Communications – You acknowledge and agree that any suggestions, ideas, comments, feedback or other information about this Service provided by You to Fan Media (“FMN Communications”) are non-confidential and shall become the sole property of Fan Media. Fan Media 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.
- Availability, Liability, Viruses – Due to the nature of the mobile applications, mobile devices, operating systems, cell phone coverage, internet and computer systems, Fan Media cannot be held liable for the continuous availability of this Service. Although Fan Media makes every endeavor to keep this Service free from viruses, Fan Media 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. This Service may be unavailable from time to time for maintenance or other reasons. Fan Media 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. Fan Media is not responsible for any technical malfunction or other problems of any mobile device, 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 through this Service, including injury or damage to User’s or to any other person’s cell phone, mobile device, computer or other hardware or software, related to or resulting from using or downloading materials in connection with this Service.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. ALL CONTENT, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL, NON-COMMERCIAL USE. NEITHER FAN MEDIA, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, MAKES ANY WARRANTY OF ANY KIND REGARDING THIS SERVICE AND/OR THE CONTENT CONTAINED THEREIN, THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SERVICE, THE RESULTS THAT MAY BE OBTAINED FROM USING THIS SERVICE AND/OR THE PRODUCTS OR SERVICES OFFERED.
FAN MEDIA 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. FAN MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE CONTENT OF THIS SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SERVICE 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 THIS SERVICE IS SOLELY AT YOUR RISK. FAN MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THIS SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS SERVICE. YOU ACCESS, USE OR OTHERWISE OBTAIN CONTENT, MATERIAL DATA OR SOFTWARE FROM OR THROUGH THIS SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR CELL PHONE, MOBILE DEVICE, 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.
FAN MEDIA, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICES PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, 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, OR PERFORMANCE OF, THIS SERVICE; OR FROM (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT OR ANY UNAUTHORIZED OR INFRINGING CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING YOUR ACCESS AND USE OF THIS SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FAN MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OR SHOULD HAVE KNOWN 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 FAN MEDIA, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DAMAGES IN EXCESS OF THE LESSER OF THE AMOUNT PAID BY YOU TO FAN MEDIA, IF ANY, OR $100. REGARDLESS OF THE CAUSE OF ACTION. IN NO EVENT SHALL FAN MEDIA, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FAN MEDIA’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY CAUSED TO YOU ARE NOT IRREPARABLE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXPLOITATION OF ANY FAN MEDIA SERVICE, PROPERTY, PRODUCT, WEBSITE, FEATURE OR CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT FAN MEDIA SHALL NOT BE LIABLE FOR CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Service is controlled and offered by Fan Media from its facilities in the United States of America. Fan Media makes no representations that this Service is appropriate or available for use in other locations. Those who access or use this Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Eligibility; Registration – You represent that You are more than 18 years of age and are fully able and competent to enter into this Agreement, and You agree to abide by and comply with the terms and conditions set forth herein. You represent that You are not, nor is any other person who appears in Your submissions, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society, provided however, that Fan Media, in its sole discretion, can waive this requirement by a written consent.
- Notice of Intellectual Property Infringement – It is the policy of Fan Media 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 Fan Media, 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 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.
Fan Media’s copyright agent can be reached as follows:
Laurie A. Miller, Copyright Agent, c/o Fan Media Network, Inc., 2728 McKinnon St., Suite 416, Dallas, TX 75201, (650) 326-1502 (voice), firstname.lastname@example.org
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT Fan Media’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.
- Counter-Notification for Intellectual Property Infringement – If You believe that Your 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 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 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 Fan Media 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. Fan Media has adopted a policy of terminating, in appropriate circumstances, and at Fan Media’s sole discretion, users who are deemed to be repeat infringers. Fan Media may also, at its sole discretion, limit access to this Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Governing Law; Venue and Jurisdiction – By visiting or using this Service You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Fan Media. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Dallas County, Texas, 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 Dallas County, Texas. To the fullest extent permitted by applicable law, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THIS SERVICE, AND NO CLASS LITIGATION PROCEEDINGS SHALL BE PERMITTED.
- Electronic Notification – When You register with Fan Media, You expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Fan Media. You consent to receive notices electronically by way of transmitting the notice to You by SMS, MMS, text message, email or other electronic means.
- User Disputes – You are solely responsible for Your interactions with other Fan Media users. We reserve the right, but have no obligations to monitor disputes between You and other users.