FANMUSICREVIEW.COM SERVICE AGREEMENT
"FanMusic.com" is the interactive on-line service operated by FanStory.com, Inc. ("FanStory") on the World Wide Web of the Internet, consisting of
information services and content provided by FanMusic, affiliates of FanMusic and other third
parties. "Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of FanMusic.
FanMusic shall have the right at any time to change or discontinue any aspect or
feature of FanMusic, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
3. Changed Terms.
FanMusic shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of FanMusic, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on FanMusic, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of FanMusic
by Subscriber after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
FanMusic and all charges related thereto.
5. Subscriber Conduct.
(A) Only one person per account. Only work created by the subscriber can be posted. Subscriber shall use FanMusic for lawful purposes only. Subscriber
shall not post or transmit through FanMusic any material which violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without FanMusic's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in FanMusic's discretion restricts or inhibits any other
Subscriber from using or enjoying FanMusic will not be permitted.
Subscriber shall not use FanMusic to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with FanMusic.
(B) FanMusic contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of FanMusic
are copyrighted as a collective work under the United States copyright laws.
FanMusic owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or
in part. Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of FanMusic and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on FanMusic
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
Subscriber shall at all times retain all right, title and interest in and to the Subscriber material (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to FanMusic under this Agreement. Subscriber is free to grant similar rights to others during and after the Term of this Agreement.
material to any public area of FanMusic, Subscriber automatically grants, or warrants that the owner of such material has expressly granted FanMusic the royalty-free, non-exclusive right and license to display such material.
Subscriber retains copyright.
(D) The foregoing provisions of Section 5 are for the benefit of FanMusic, 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
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF FANMUSICREVIEW.COM
IS AT SUBSCRIBER'S SOLE RISK. NEITHER FANMUSICREVIEW.COM, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FANMUSICREVIEW.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF FANMUSICREVIEW.COM, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH FANMUSICREVIEW.COM.
(B) FANMUSICREVIEW.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT FANMUSICREVIEW.COM IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
(D) IN NO EVENT WILL FANMUSICREVIEW.COM, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING FANMUSICREVIEW.COM OR
THE FANMUSICREVIEW.COM SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE FANMUSICREVIEW.COM
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, FANMUSICREVIEW.COM,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN FANMUSICREVIEW.COM, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING
OR OTHER INFORMATION. FANMUSICREVIEW.COM, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, FANMUSICREVIEW.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
FanMusic shall have the right, but not the obligation, to monitor the content
of FanMusic, including chat rooms, private messages, artwork and posts, writing, and forums, to determine compliance with
this Agreement and any operating rules established by FanMusic and to satisfy any law,
regulation or authorized government request. FanMusic shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on
FanMusic. Without limiting the foregoing, FanMusic shall have the right to remove
any material that FanMusic, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless FanMusic, its
affiliates and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out of the use of
FanMusic by Subscriber or Subscriber's Account.
Either FanMusic or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, FanMusic shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which FanMusic, in its sole
discretion, considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Third Party Content.
FanMusic is a distributor (and not a publisher) of content supplied by
third parties and Subscribers. Accordingly, FanMusic 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, Subscribers or any other
user of FanMusic, are those of the respective site member(s) or distributor(s) and not
of FanMusic. Neither FanMusic nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through FanMusic represents the
opinions and judgments of the respective information provider, Subscriber, or other
user not under contract with FanMusic. FanMusic neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on FanMusic
by anyone other than authorized FanMusic employee spokespersons while acting in their
official capacities. Under no circumstances will FanMusic be liable for any loss or damage
caused by a Subscriber's reliance on information obtained through FanMusic. It
is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through FanMusic. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
11. Third Party Sales.
FanMusic acts as a venue to allow anyone to offer, sell, and buy art and other goods, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Because we are a venue, in the event that you have a dispute with one or more users, you release FanMusic (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
FANSTORY, the FanStory logo, FANARTREVIEW, the FanMusic logo, are registered trademarks of FanStory.com, Inc. All rights reserved. All other trademarks appearing on FanStory.com are the property of their respective owners.
This Agreement and any operating rules for FanMusic
established by FanMusic constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Georgia, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
There is no cost for using the basic services of FanMusic. Premium services are available via subscription or surcharges, and those areas will be clearly marked. If for any reason you are not happy with the purchase of upgraded membership you can request a refund during the first seven days after the purchase is made and you will receive a full refund. Premier members (subscribers) can post up to two works per/day. FanMusic.com Member Dollars and Points have no cash value and are non-transferable
15. Copyrights and Copyright Agent.
FanMusic respects the rights of all copyright holders and in this regard, FanMusic has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FanMusic's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.
FanMusic's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
For any questions or requests please contact FanMusic.