Last Updated October 29, 2024
Please read the following Terms of Use (“Terms”) carefully. They govern Your use of the Services (as later defined) provided by Fan Social App LLC (hereafter referred to as “Fan Social”, “We”, “Us”, “Our”, “Company”). The term “Website” means www.fansocial.co owned by Us. By using Our Website, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms and Our Privacy Policy.
Persons or businesses (each a “User”) that decide to fully access all the Services We provide are required to fill out this Booking Request Form which allows them to participate in the use or Our Website. The term “User,” “You”, and “Your” means users, businesses, employers, employees, independent contractors, consultants, vendors, or third-party service providers whether they are a person, company, business, or organization.
As a User, You specifically agree to these Terms, Our Privacy Policy, and the terms and conditions stated in the Booking Request Form, all of which form a binding agreement (“Agreement”) between You and Us. Fan Social respects and is committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Website, to understand the Company’s practices. Each User acknowledges that the Agreement represents the entire understanding between Users and Us and governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Website. The Agreement takes the place of any emails, texts or conversations between You and Us and supersedes all previous agreements whether oral or written made between the parties in relation to the subject matter hereof.
If You do not agree to these Terms, You agree that You will not use Our Website or Our Services. The Company reserves the right to change the Terms under which the Website is offered and will post such changes via the Website. If You do not agree to the amended Terms, You agree to stop using the Website and Our Services. You will be deemed to have accepted the amended Terms if You continue to use the Website after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon posting of the new date. Your continued use of the Website, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.
The Company has spent a considerable amount of time, effort, and expense to build this Website and Our Services that We offer to Users. Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Website, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Website following the posting of changes shall mean that You accept those changes as of the latest update. Even if You agree to Our Terms, We may deny You access to Our Services in Our sole and absolute discretion, for any reason or no reason.
Registration for the Website
In order to access and use Our Services you will need an account (“Account”) with Us. You must fill out the Booking Request Form and click the box to confirm that You agree to be bound by all the terms and conditions of the Agreement documents. In setting up and maintaining Your account, You agree to provide accurate information regarding Your identity, Your contact information, and any other information requested by Us related to the use of Our Website and Services.
You agree to hold Us harmless and indemnify Us against any claims related to Our Website and Services provided by Us, it being understood that We do not guarantee anything, and You agree to accept all risks associated with using Our Website and Services.
If You are under eighteen (18) years of age do not use Our Website and You will not be entitled to use Our Services.
If You agree to receiving emails from Us, You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Us in any such communication.
Our Services
(a) Fees and Payment. You will be required to purchase or pay a fee to use Our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Our Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that We can complete Your transactions and contact You as needed. Sales tax will be added to the price of purchases as deemed required by Us. We may change prices at any time, but not after a booking has been confirmed by Us. All payments shall be in U.S. dollars unless otherwise specified. You agree to pay all charges or fees at the prices then in effect for Your purchases, and You authorize Us to charge Your chosen payment provider for any such amounts upon making Your purchase. We reserve the right to refuse any order placed through Our Website.
(b) Use and Support of Our Service. Upon Your payment for Our Service, We agree to use Our reasonable efforts to provide the necessary support for the Service only if and to the extent reasonably necessary.
(c) Support. Subject to Your payment of all applicable fees, We will use Our reasonable efforts to provide support for Our Services.
Disclosure and Disclaimer
The Information contained in this Website is for general information and educational purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information or Services made available through this Website and You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Information or Services made available through this Website. You agree that any reliance You place on the Information or Services made available by Us or any Users on or through this Website is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information or Services made available by Us or others on or through Our Website.
Users agree and represent that We shall at no point be held liable for the actions or omissions of any User. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your use of Our Website, the Services, or the Content.
No Reliance on User-Generated Content. The Content We may post or that is User-Generated Content posted elsewhere, such as in social media platforms, is provided for informational purposes only, with no assurance that the Content posted by third parties is true, correct, or accurate.
Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Website will be solely for purposes that are permitted by this Agreement; (iii) Your use of Our Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of Our Website will comply with all applicable laws, rules, and regulations, and with all other policies, terms and conditions stated in this Agreement.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Website. Our Website and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Website or Services.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.
The Information and Services We provide are provided to You on a strictly “as is,” “where is,” and “where available” basis. Neither We nor any of Our Users, service providers, or advertisers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Website or the Services made available to You. We do not make any representations or warranties that access to Our Website or use of the Information or Services will be continuous, uninterrupted, or error-free.
Through this Website You may be able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third-party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Website and that Information may be biased as a result.
Advertiser Disclosure - Affiliate and Referral Programs
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Website and that Information and/or those Services may be biased as a result.
Your Use of Our Website
You may use Our Website only for legal and appropriate uses. We reserve the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Company, and Your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any Content or Information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Website or any other person or entity.
• You may not post any Information via the Website that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use the Website or Our Services to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use the Website or Our Services if You are a convicted sex offender.
• You may not interfere or attempt to interfere with the Website or another person’s use of the Website by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
• You may not use a fake or false profile, resume, description, or picture of yourself or others.
• You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Website for any purpose without our advance written permission.
• You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise Our Website, software, platform, or system integrity or security in any way.
Definitions. The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.
a. The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms, the Privacy Policy, and the Booking Request Form
b. Whenever the term “Website” is used, it means www.fansocial.co.
c. “Content” refers to content featured or displayed on or through Our Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Website either by Us, third parties, or by You. Content includes, without limitation, Your Content, and Third-Party Content which may be submitted by others that are not Users.
d. “Information” refers to any Content, as well as data, pricing, ratings, products, Services, charts, comparisons, figures, or graphics made available through Our Website.
e. The term “Service” or “Services” refers to the services provided through Us or through Our Website and means Our arranging a social event or meeting with those celebrities or persons listed on Our Website subject to the terms and conditions of the Agreement.
f. The “Website” refers to Our Website, all subpages and subdomains, and all Information, Services, and products available on or through Our Website.
g. The term “User,” “You”, and “Your” means celebrities listed on Our Website, non-celebrities listed on Our Website, any type of User, advertisers, business, or third party service provider and includes persons, companies, businesses, or organizations that use Our Website.
h. Our Website is owned by Fan Social App LLC and is also referred to as “Fan Social”, “We”, “Us”, “Our”, “Company”, or “Website”. When any of these words are used in these Terms those words shall also include Our corporate officers, directors, subsidiaries, members, managers, successors, assigns, designees, service providers, and employees.
License and User Content
Company grants You a limited, non-exclusive, non-transferable license to access and use the Website in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon Your compliance with all the terms and conditions of the Agreement. Any unauthorized use of the Website shall automatically terminate the license granted to You by the Company for such use. You shall be solely responsible for Your actions and the contents of Your communications with Us.
Ownership
You acknowledge and agree that the Website, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other intellectual property rights in the Website shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Website, the Information, the Content, or the Services, except for the non-exclusive license to use the Website in accordance with these Terms.
Third Party Content
There may be Content from third parties accessible through Our Website or linked from Our Website. Because We might not be able to control that Content, We are not responsible for that Content or for the websites or other Websites that Content may link to.
a. Access To Third Party Content. By using Our Website, You may be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Website is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content.
b. No Responsibility for Third-Party Content. As part of Our Website, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content, and We do not verify, research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Website. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, or service or product that is part of a performed task, whether or not completed. We are not responsible for any Third-Party Content accessed through Our Website. If You decide to leave the Website and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content, or Website.
c. No Authorization to Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites or Websites You are visiting.
User Responsibilities
You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.
a. User Account Security. You are responsible for maintaining the security of Your account with Us, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Us immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.
b. We do not select or endorse any individual or business User nor any Information they make available to You or may post anywhere on Our Website. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to, and each User represents and agrees that they will research, and conduct their own due diligence before accepting third party advice, services, or products.
c. We Do Not Guarantee Results or the Satisfaction of Your Social Event or Meeting. From time to time, Users may submit reviews of the Services and their experiences; these reviews do not constitute a guarantee, warranty, or prediction regarding the quality, effectiveness, satisfaction or outcome of any social event or booking arranged through Us. You agree that We shall have no responsibility or liability of any kind regarding Your level of satisfaction with a social event or booking we have arranged, and You agree You will not be entitled to any type of refund, in whole or in part. You agree that Your use of Our Services is solely at Your risk.
d. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Website will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Website will comply with all local, state and federal laws, rules, and regulations, and with all other policies we establish from time to time.
Copyright Infringement and DMCA Policy
If You believe that any Content located on Our Website or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Website if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by emailing a properly formatted take-down notice in writing to The Company’s designated copyright agent: Attention: info@fansocial.co
c. Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, We will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If You believe that Your Content that has been removed from Our Website is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Intellectual Property Notice
We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.
a. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Website, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us or the third party owner. We reserve all rights that are not expressly granted to You under these terms.
b. Specifically, any trademarks that appear, are displayed, or are used on Our Website or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.
c. Any comments or materials sent to Us or posted on Our Website, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Website, and developing, creating, and marketing products and services incorporating such Feedback.
User Data
We will collect and save certain feedback and communication that You may send Us for the purpose of managing the performance of the Service, as well as feedback relating to Your use of the Service.
Electronic Communications, Transactions, and Signatures
Using the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Indemnification
You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content, feedback, and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any third parties; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Website. We will have sole control of the defense of any such damage or claim made against Us.
DISCLAIMER OF WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE WEBSITE HAS NOT BEEN VERIFIED, AND THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WEBSITE IS CONTROLLED, OPERATED AND ADMINISTERED BY THE COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE COMPANY AND YOU.
Choice Of Law And Dispute Resolution
a. This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed entirely in the State. Each of the parties irrevocably submit to the exclusive jurisdiction of any California State or Federal court sitting in Los Angeles County over any action or proceeding arising out of or relating to this Agreement, and the parties agree that all claims in respect of such action or proceeding may be heard and determined in such California State or Federal Court.
b. You agree that any cause of action related to or arising out of this Agreement must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. You and We acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between You and Us.
d. No Class Actions or Representative Proceedings. You acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless You and We both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
e. You agree that your claim for damages shall be limited to the amount You paid Us for Services.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact Us at info@fansocial.co
Miscellaneous
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Website, represent the entire understanding between You and the Company regarding Your relationship with the Company and Your use of the Website. These Terms supersede all previous written or oral agreements between You and the Company with respect to such subject matter. Notwithstanding any provision of these Terms, the Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.
Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.