The words "use" or "using" in this agreement, mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described above.
2. Age Limitation on Users.
This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately.
3. User Conduct.
Users caught attempting to disrupt the site via hacking or any programming means will be prosecuted with any and all legal measures available to Fangaming.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned or controlled by Fangaming, its subsidiaries, affiliates, licensors or suppliers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Content" as well.
Any unauthorized or prohibited use of any Content, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.
5. Your Privacy.
. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
6. Your Use of the Site.
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
- use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fangaming server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
- violate or solicit others to violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise.
Doing any of these things will result in Fangaming banning you from the Site.
7. Entertainment Advertising.
Fangaming relies on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that Fangaming may display advertisements and promotions of all kinds in and with the services.
8. Other Terms and Conditions.
Fangaming may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Fangaming makes no commitment to update the materials on the Site with respect to such products and services.
9. Disclaimer of Warranties.
You expressly understand and agree that:
Your use of the service is at your sole risk. The Site and all Content are provided on an "AS IS" and "AS AVAILABLE" basis. Fangaming and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Fangaming makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, error-free, or free of malicious code (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of Fangaming is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system 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 Fangaming, our third party service providers, or through or from the site will create any warranty not expressly stated in the Agreement.
10. Links to Other Sites and to the Fangaming Site.
11. Limitation of Liability.
Except where prohibited by law, in no event will Fangaming or its affiliates or their respective officers, directors, employees, agents, licensors or suppliers be liable to you for any loss or damage, of any kind, direct or indirect, including, but not limited to, consequential, exemplary, incidental or punitive damages, or lost profits, even if Fangaming has been advised of the possibility of such damages. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Fangaming, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for Fangaming, to refund any monies actually paid by you for the product involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Fangaming assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
You agree to indemnify, defend and hold Fangaming, its affiliates, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, actions, damages, costs or expenses (including attorneys' fees), made against Fangaming by any third party due to or arising out of or in connection with your use of the Site. Fangaming reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Fangaming in the defense of any such claim, action, settlement or compromise negotiations, as requested by Fangaming.
13. Miscellaneous Terms; Governing Law; Dispute Resolution.
No action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) to the extent allowable by law. This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed in New Jersey, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
In the event of any controversy or dispute between Fangaming and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.