Terms and conditions

https://fanvibz.com/welcome is a social media platform that enables everyone to connect with friends, sell merchandise, monetize content, create groups/pages and more.

 

We strive to provide users with a safe and stable place to create, share, connect, earn, and grow both as public personalities running businesses, as well as humans seeking meaningful interactions with others. We strive to provide everyone with a safe and stable place to explore their interests and interactions that compel them.

 

Terms & Conditions:

This terms-of-service agreement is entered into between you and Fanvibz LLC, (“Fanvibz,” “we,” or “us”). The following agreement, together with any documents it references (collectively, “agreement”), governs your access to and use of https://fanvibz.com/welcome including any content, functionality, and services offered on or through https://fanvibz.com/welcome (“Website”), whether as a guest or a registered User.

 

 Definitions. In this agreement, the following definitions apply:

 

“Content” means any material uploaded to Fanvibz by any User (whether a Creator or a Fan), including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

 

“Creator” means a User who has set up their Fanvibz account as a Creator account to post Content on Fanvibz to be viewed or purchased by other Users.

 

“Fan/Friend” means a User who follows a Creator and can view the Creator’s Content.

 

“Subscription” means a Fan’s subscription to a Creator’s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).

 

“User” means any user on Fanvibz, whether a Creator or a Fan or both (also referred to as “you” or “your”).

 

 

 

2. Acceptance of Agreement

 

This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.

 

Notice: Section 25 of this agreement contains a mandatory Arbitration Agreement. By using our Website and accepting this agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us.

 

By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.

 

 

 

3. Changes to Agreement. We may revise and update this agreement from time to time. All changes are effective immediately when posted and applied to all access to and use of the Website from then on. However, any changes to section 24 (Governing Law and Jurisdiction) or section 25 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You should frequently check this page, so you are aware of any changes, as they are binding on you.

 

 

 

4. Your Account

 

Account Creation. To access many of the Website’s features, you must create an account. Registration is free and for a single User only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password or authenticate using any third-party service offered on the Website. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates section 6.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone.

 

Verified Users. You must be a verified User before you can post or appear in Content on or through our website.

 

Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement.

 

Liability for Account Misuse. We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.

 

Use of Other Accounts. You must not use anyone else’s account at any time.

 

Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.

 

Communication Preferences. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors.

 

 

 

5. Intellectual Property Rights

 

Ownership. Fanvibz owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by Fanvibz, its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.

 

License Grant. Fanvibz hereby grants you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:

 

Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials.

 

You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

 

You may view or download (where enabled) any Content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.

 

If we offer desktop, mobile, or other applications for downloading, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.

 

If we provide social media features with certain content, you may take those actions as are enabled by those features.

 

License Restrictions

 

You must not:

 

Download any Materials unless the Website itself gives you that option.

 

Modify copies of any Materials from the Website.

 

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

 

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.

 

You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.

 

If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and Fanvibz reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

 

Trademarks. Fanvibz LLC’s name and logo; the term FANVIBZ; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Fanvibz, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you with from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.

 

 

 

6. Prohibited Uses

 

You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

 

In any way that violates any federal, state, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries).

 

To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.

 

To harass or stalk any person.

 

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.

 

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

 

To impersonate or try to impersonate us, a Fanvibz employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).

 

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s Users or us or expose them or us to liability.

 

Additionally, you must not:

 

Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.

 

Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.

 

Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.

 

Use any device, software, or routine that interferes with the proper working of the Website.

 

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

 

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

Otherwise try to interfere with the Website’s proper working.

 

 

 

7. User Content

 

In General. The Website contains personal webpages or profiles, live streaming, messaging, timelines, comment sections, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (collectively, “post”) Content on or through the Website. All Content must comply with the Content Standards set out in section 11. We will consider nonconfidential and nonproprietary any Content you post to the Website.

 

License Grant. As between you and Fanvibz, you own all intellectual property rights in the Content you submit. You hereby grant us a perpetual, irrevocable, nonexclusive, sublicensable, worldwide license to:

 

use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that Content (including for promoting and redistributing any part of the Website (and derivative works of it)) in any form, format, media, or media channels now known or afterwards developed or discovered; and

 

use the name, identity, likeness, and voice (or other biographical information) that you submit with that Content.

 

You hereby waive any so-called “moral rights” that you might have in any Content.

 

Account Profile. Fanvibz may use your name, likeness, biography, trademarks, logos, and other identifiers used by you in your account profile to display those properties to the public or the audiences you have specified. You may revoke the preceding license by deleting your account. Fanvibz may identify public profiles in its marketing and investor materials.

 

Statements of Fact. You state that the following facts about any Content you post on or through the Website are accurate:

 

You have the right to submit the Content to the Website and grant the licenses in this agreement.

 

Fanvibz will not need to obtain licenses from any nonparty or pay royalties to any nonparty for the streaming or other permitted distribution of the Content.

 

You have obtained appropriate releases from all persons who appear in the Content.

 

You have verified the identity and age of all persons depicted in your Content to ensure that all persons depicted are adults and you can provide supporting documents to us on request.

 

The Content does not, and will not, infringe any nonparty’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and

 

The Content complies with this agreement and all laws.

 

You Upload Content at Your Own Risk. You acknowledge that you are responsible for any Content you post, and you, not us, have full responsibility for that Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any Content posted by you or any other User. We use reasonable security measures to try to protect Content against unauthorized copying and distribution. But we do not guarantee that any unauthorized copying, use, or distribution of Content will not occur. We provide any security measures “as is” and we are not making any warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures. We will not be liable to you for any unauthorized copying, use, or distribution of your Content by nonparties, and to the greatest extent allowed by law, you hereby release all claims you might have against us for any such unauthorized copying or use of the Content, under any equitable or legal theory.

 

 

 

8. Monitoring and Enforcement; Termination

 

 

 

We may:

 

Remove or refuse to post any Content for any or no reason.

 

Take any action concerning any Content that we consider necessary or appropriate, including if we believe that your Content is illegal or otherwise violates this agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s Users or the public, or could create liability for Fanvibz;

 

Disclose your identity or other information about you if required by law or court order (including a subpoena) to anyone who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.

 

Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized Content (Fanvibz will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies); or

 

Terminate or suspend your account or access to the Website for any reason or no reason, including violation of this agreement, engaging in any activity that is illegal or fraudulent, or violation of credit card association standards or law.

 

Fanvibz has a complaint process that allows anyone to report to Fanvibz any Content on the Website that might be illegal or that otherwise violates this agreement or credit card association standards. Fanvibz will review and resolve all reported complaints within seven business days. We will suspend access to any Content you post on our Website that we become aware of that might not comply with this agreement, credit card association standards, or law while we investigate the suspected noncompliance or unlawfulness of that Content. If we suspend access to your Content, you may request a review of our decision to suspend access to that Content by contacting us on our Contat Us form. After investigating the suspected noncompliance or unlawfulness of that Content, we may take any action we consider appropriate, including, but not limited to, reinstating access, permanently removing, or disabling access to that Content without needing to obtain your consent and without giving you prior notice. At your own cost, you must promptly provide us with all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss you suffer arising from our suspending access to your Content or any other steps that we take in good faith to investigate any suspected noncompliance or unlawfulness of your Content under this section.

 

If we suspend access to or remove any of your Content, we will notify you by email or electronic message to your user account, but we are not required to give you prior notice of that removal.

 

If we suspend access to your account or terminate your agreement with us and your access to the Website, we will let you know. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended, and we may withhold earnings due to you but not yet paid if you are a Creator under the terms.

 

We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any Content on or through the Website. You hereby waive and shall indemnify Fanvibz and its affiliates, licensees, and service providers against any claims resulting from any action taken during, or taken because of, investigations by either Fanvibz or law enforcement authorities.

 

We review all Content before it is published to our Website to ensure that it is not illegal and does not otherwise violate this agreement, credit card association standards, or law. In addition, in offering real-time or live video streaming content, we operate on a platform that we can fully control and that allows for real-time monitoring and the removal of the Content being streamed. If we determine that any Content being streamed is illegal or otherwise violates this agreement, credit card association standards, or law, we will promptly block and remove that Content. But we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described.

 

Content Standards. These content standards (“Content Standards”) apply to all Content and the use of the Interactive Services. Content must comply with all federal, state, local, and international laws and regulations and credit card association standards. Content must not:

 

Promote, depict, or discuss any activity that is illegal or otherwise violates any credit card association standards.

 

Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material.

 

Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

 

Contain children, child sexual abuse material, age-play, incest, rape or non-consensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that is illegal or violates credit card association standards.

 

Contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”).

 

Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the Website).

 

Promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to prohibitions or restrictions.

 

Promote or depict alcohol or drugs or drug paraphernalia.

 

Infringement on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of anyone.

 

Violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under law or that otherwise might be in conflict with this agreement or our Privacy Policy.

 

Be likely to deceive anyone.

 

Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices. We do not allow Content that promotes (a) illegal schemes (like Pyramid/Ponzi schemes); (b) businesses that promise wealth with little or no effort; (c) unregistered securities offerings (absent a legal basis); (d) illegal products or services; and (e) product or services (even if legal) using deceptive marketing practices. In addition, Users must not use the Interactive Services for unsolicited direct marketing purposes.

 

Promote, facilitate, or solicit the prostitution of another person, sex trafficking, or human trafficking.

 

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy anyone.

 

Impersonate any person or misrepresent your identity or affiliation with any person or organization.

 

Involve unauthorized commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting Users for commercial ventures.

 

Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

 

Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.

 

Disclose anyone’s private or personal information without their written consent.

 

Request personal information from, or disclose personal information to, anyone, including financial information, payment information, email address, telephone number, or mailing address.

 

Request money from, or otherwise defraud, anyone.

 

Copyright Infringement. If you believe that any Content infringes your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is Fanvibz’ policy to terminate the User accounts of repeat infringers.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.

 

All statements or opinions expressed in Content and all articles and responses to questions and other content, other than the content provided by Fanvibz, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Fanvibz’ opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any User or nonparty.

 

Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials might be out of date at any given time, and we are not required to update those Materials.

 

Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review our Privacy Policy.

 

Creator Competitions. Creators may promote competitions, promotions, prize draws, and other similar opportunities on the Website. We are not the sponsor or promoter of those and do not bear any responsibility or liability for the actions or inactions of any Creator who organizes, administers, or is otherwise involved in any promotion of those. If you wish to participate, you are responsible for reading and ensuring that you understand the rules and any eligibility requirements and are lawfully able to participate in your place of residence.

 

No Offsite Communications. You must not use the Interactive Services to arrange face-to-face meetings outside the Website with any other User, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a User outside of the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Website with any User you meet on the Website.

 

 

 

9. Linking to the Website and Social Media Features

 

You may link to our homepage or your profile page, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

 

Link from your own or certain nonparty websites to certain content on this Website.

 

Send emails or other communications with certain content, or links to certain content, on this Website.

 

Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.

 

You may use the features solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:

 

Establish a link from any website that is not owned by you.

 

Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

 

Link to any part of the Website other than the homepage or your profile page.

 

Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in this agreement.

 

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

 

We may disable any social media features and any links at any time without notice.

 

 

 

10. Links from the Website. If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

 

 

 

11. Warranty Disclaimers

 

Fanvibz provides the Website “as is” and “as available.” You use the Website at your own risk. You must provide your own device and internet access.

 

Except as expressly set out in this agreement, and to the extent permitted by law, Fanvibz is not making any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Among other things, Fanvibz is not making any warranty (1) that the Website, or any part of it, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers; (2) that we will host, make available, or remove any specific piece of Content; (3) concerning any Content submitted by or actions of our Users; (4) that any geo-filtering or digital rights management solution that we might offer will be effective; (5) that the Website will meet your business or professional needs; (6) that we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or (7) concerning any third-party websites and resources.

 

The disclaims of warranty under this section also apply to our subsidiaries, affiliates, and third-party service providers.

 

The above does not affect any warranties that cannot be excluded or limited under law.

 

 

 

12. Limit of Liability

 

To the extent permitted by law, (a) Fanvibz is not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Fanvibz has been advised of the possibility of those damages; and (b) Fanvibz’ total liability to you, except for Fanvibz’ contractual payment obligations under this agreement (if any), will not exceed the amounts paid by you to Fanvibz over the 12 months preceding your claim(s) or US$100, whichever is greater. For this, “Fanvibz” includes its subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.

 

The limit of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.

 

The above does not affect any liability that cannot be excluded or limited under law.

 

 

 

13. Indemnification. You shall indemnify us against all losses and liabilities, including legal fees, that arise from this agreement or relate to your use of the Website, including your submission of Content. We reserve the right to exclusive control over the defense of a claim covered by this section. If we use this right, then you will help us in our defense. Your obligation to indemnify under this section also applies to our subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.

 

 

 

14. Governing Law and Jurisdiction

 

Pennsylvania law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

 

Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the CommonWealth of Pennsylvania or in a state court in Pennsylvania. Each party acknowledges that those courts would be a convenient forum. Each party hereby waives its right to a trial by jury in any adversarial proceedings arising out of this agreement.

 

 

 

15. Arbitration

 

You and Fanvibz agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Website, will be resolved exclusively and finally by binding arbitration.

 

Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 25. The Federal Arbitration Act will govern the interpretation and enforcement of this section 25. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award from the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

 

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

 

You agree to arbitration on an individual basis. In any dispute, neither you nor Fanvibz will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

 

Limitation on Time to Bring Claims. A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.

 

 

 

16. General

 

Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties, except that any additional terms on the Website will govern the items to which they pertain, including, but not limited to, the Privacy Policy, and the Terms of Use. If you have a signed agreement with Fanvibz, any conflicting term of that agreement will prevail over the terms of this agreement, but only as to the subject matter of that agreement.

 

Assignment. This agreement is personal to you. You shall not transfer to any person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation will be void.

 

Waiver. No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.

 

Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

 

Notices

 

Notice to You­—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a valid email address for receiving notice.

 

 

 

No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

 

Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.

 

Recording Communications. We may record communications conducted or initiated using the Interactive Services including all livestream, chat, email, voice, data, and other forms of communications. We use recorded data obtained to evaluate the Website, to monitor compliance with this agreement, for quality assurance purposes, and to promote the Website. You may opt out of our use of any recording for marketing purposes by sending an email to privacy@endsunservices.com and putting “Recording Opt-Out” in the subject of the email.

 

Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.