1. SCOPE OF ACCESS TO PLATFORM AND RELATED RIGHTS
You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Platform. Further, you may not reproduce all or any portion of the Platform. This Platform and its contents are the intellectual property of, and are owned by, the Company. The Company reserves the right at any time to suspend or terminate use of this Platform or its functionality and tools by you or other users in the Company’s sole discretion.
2. USER ACCOUNT
To access certain functionality, services and information made available through this Platform that requires an account the Company, you will be required to establish a user account, which will be accessible upon input of an authorized e-mail address, password and other required information that is requested from you at either log in or initial user account registration.
For your user account, you are responsible for maintaining the security of any user passwords and other access credentials for use with such account and this Platform, and you are also SGR/22498192.1 responsible for the integrity and security of the operating environment from which you access the Platform.
If you believe your user account has been improperly accessed, used or compromised, you must notify us immediately at firstname.lastname@example.org.
We are not responsible for any loss that may result from the unauthorized use of your user account or any account passwords or other access credentials. Because of this, you agree to hold us harmless for any losses incurred by us as a result of you not using reasonable safeguards to protect account passwords or other account access credentials.
3. COMMISSIONS AND PAYMENT TERMS
If you use the Promoter and Influencer functionality tools that are part of the Platform to provide or enable promotional codes to be shared with other persons that results in a purchase using such codes of Influencer merchandise and other merchandise, as a Promoter you are entitled to receive a commission from the Influencer’s sales proceeds, subject to the Company and/or applicable Influencer authorizing you to access and provide the applicable promotional codes. The commission amount varies by Influencer, merchandise and specific promotions, the specifics of which are disclosed in applicable portions of the Platform that are accessible to Promoters after registration. The Company collects the applicable commissions from merchandise sales managed by the Company or from direct payment from sales made by an applicable Influencer. From the commission amounts payable to users who are Promoters the Company deducts a service fee (which is disclosed in applicable portions of the Platform that are accessible to Promoters and Influencers) after registration and remits the balance to your account. By using the Promoter and Influencer functionality tools of the Platform to access promotional codes and to coordinate and enable the use of promotional codes, you agree to the foregoing payment arrangements, including the service fee collected by the Company.
Each Promoter receiving commissions or other payments as a result of the use of the Platform is responsible for payment of any applicable taxes and other governmental assessments resulting from the payment of such commissions. In addition, depending on your state of residence, you may need to obtain a local business license to act as a promoter of commissionable sales.
4. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Certain features of the Platform may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other applicable contact information. By registering such information on the applicable parts of the Platform you authorize us to send you electronic communications in accordance with such information and the settings specified with your account. You should be aware that your carrier may charge you applicable text messaging rates for each text message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used by you to receive or send any text messages or other electronic communications related to your account and use of the Platform
5. SUSPENSION OF PLATFORM USE DUE TO INAPPROPRIATE USE
We do not assume any responsibility for communications made or materials posted to or created by users accessing the Platform, and we are not in any manner responsible for the content of any such communications or materials. We prohibit use of the Platform to transmit or post any communications or materials that: (a) are abusive, offensive, libelous, defamatory, obscene or threatening, (b) are fraudulent, deceptive, misleading or illegal or that encourages a criminal offense, (c) violate a copyright, trademark or other intellectual property right of another person or entity, (d) is invasive of any personal privacy rights or other rights of another person or entity, or (e) is in the nature of mass unsolicited communications or “spam”.
While we do not prescreen communications and materials made available by Promoters or Influencers through the Platform, if we become aware of any communications or materials that violate any of the above prohibitions, we reserve the right to block or remove any such communications or materials as well as the right to temporarily or permanently block, suspend or ban any users of the Platform that engage in any such activities.
6. COPYRIGHT ANTI-INFRINGEMENT POLICY
7. TERMINATION OF PLATFORM USE
8. PLATFORM WARRANTIES AND DISCLAIMERS
THIS PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS PLATFORM), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PLATFORM, OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE PROVIDE NO WARRANTIES FOR SERVICES NOT PROVIDED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATIONS OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS PLATFORM OR ANY SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS PLATFORM, OR THE PERFORMANCE OR USE OF THIS PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. CHILDREN’S PRIVACY AND PLATFORM AGE LIMITATIONS
This Platform is intended for use by persons aged 18 or older, and by your use of this Platform you affirm that you are at least 18 years of age. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.
The entire contents included in this Platform, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Platform.
All trademarks, service marks and trade names and logos of the Company used in this Platform are trademarks or registered trademarks of the Company. Other marks used on this Platform that have been posted by the Company are the property of their respective owners and are used on this Platform under permission.
14. APPLICABILITY OF TERMS AND CHANGES
The Company may at its option deliver notices to you concerning your user account or use of the functionality, tools and services on this Platform by means of email, a general notice on the Platform, or by other reliable method to the address or other communications details you have provided to the Company.
17. GOVERNING LAW; DISPUTES; CLASS ACTION WAIVER
Class Action Waiver. You and we also agree that any legal proceeding shall be conducted in an individual capacity only and not as a class action or other representative action, and you and we expressly waive the right to file a class action or seek relief on a class basis.
If you have any complaint about use of the Platform, you may contact us by email at email@example.com, or by postal mail at FanFiend Inc., 263 South 4th Street, PO Box 11004, Brooklyn, NY 11211. In accordance with California Civil Code Section 1789.3, California residents may also file complaints with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Road, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.