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Fanprice, Inc.
User Agreement
1.
INTRODUCTION
(a)
Fanprice,
Inc ("Fanprice.com") is an internet website marketplace service that allows Users
to place offers for event tickets ("The Site").
These offers are accepted by other Users.
Fanprice.com is not the actual seller of the tickets, but instead acts as a service
to allow Users to conduct business with one another.
(b)
By use of and registration on Fanprice.com, you, ("the
User"), agree to be bound by this User Agreement ("Agreement").
This Agreement applies to the buying and selling of tickets and all other
Services provided by Fanprice.com. and/or the Site.
This Agreement can be revised at any time.
Any such change to this Agreement will be posted immediately in this place. Continued use of The Site constitutes acceptance
of any revised Agreement. If you do not wish
to accept the Agreement or any revised Agreement, please do not continue to use
the Site and services provided.
(c)
This Agreement provides the terms of service as they
exist between you and Fanprice.com
(d)
The Agreement herein incorporates by reference the following:
i.
Ticket Guarantee;
ii.
Privacy Policy.
2.
OVERALL USAGE OF SITE
(a)
The Site
allows Users who wish to purchase tickets ("Fans") to set the price they wish to
pay for tickets ("Offers") by choosing the areas of a venue where they wish to sit
and posting an Offer for their seats. Other
Users, who have tickets for events ("Ticket Holders") are able to agree to the Fans’ Offers and thus sell their tickets
to the Fans. ("Acceptance")
(b)
Users must
be able to form a legally binding contract.
If you are under the age of 18 and/or otherwise unable to form a legally binding
contract, you may only use this site under the supervision of and in conjunction
with your parents and/or legal guardians.
By conducting activity on the Site, you are representing to Fanprice.com that you
are over the age of 18 and/or have acted under the supervision of your parent and/or
legal guardian.
(c)
Only registered
Users may place or accept Offers, or participate in any Site activity, such as but
not limited to, contests, promotions and giveaways.
(d)
To become
a registered user, one must supply legal and current name, address,
telephone number and provide an active e-mail address.
(e)
In order
to place Offers and/or Accept Offers Users must supply a valid credit or debit card.
(f)
Fanprice.com
reserves the right to ban any User from the Site, if Fanprice.com, in their sole
discretion, believes that the User has violated these terms or is acting in a manner
detrimental to Fanprice.com.
3.
PURCHASING TICKETS
(a)
Offer Process
i.
Fans
must have a registered account before posting an Offer.
ii.
Fans
wishing to purchase tickets for an event need to make an offer for their chosen
event. Fans choose in which sections of the
venue they wish to sit (“Zone”) and list the price they are willing to pay for those
seats. Fans can place their Offer in as many
or as few Zones as they wish.
(a)
VENUE MAPS:
FANPRICE.COM has made best efforts to verify the accuracy of the venue maps; however,
users expressly understand that the venue maps are both not to scale and may contain
errors. It is the responsibility of the user
to confirm with the specific venue if the information is correct.
FANPRICE.COM only warrants that the seats Fans receive will match the zone
information. (e.g. If a Fan chooses Zone
2, which states the seats will be in Floor 2, Rows B-D, if the offer is accepted,
the Fan is guaranteed to receive that the seats will be in Floor 2 between rows
B and D, but we cannot warrant that the venue has not placed an extra row in front
of row A, thus making this rows 3->5, instead of the anticipated 2->4)
iii.
Fans
can set how long their offer is good for.
iv.
Fans
will have to secure their offer via a valid credit card or debit card.
(b)
Acceptance Process
i.
Once
a Fan’s Offer has been accepted by a Ticket Holder, the Credit Card the Fan supplied
will immediately be charged for the amount, plus a commission equal to 10%, plus
any applicable shipping and handling charges. (“Total Transaction Cost”)
ii.
Fans
will receive notification of the Offers acceptance via e-mail.
Notification of the Offers acceptance will also be placed in their account
page.
Fans expressly understand that they cannot hold Fanprice.com responsible if the
Fans fail to check their e-mail and/or account and as a result of such failure are
not immediately aware that they had purchased tickets for which they had made an
offer.
iii.
Fans
can remove an offer at any time up until the time it is accepted.
iv.
Fans
will be supplied with specific seat information, including section and row. Fans herein understand that specific seat
# information may not be immediately available.
v.
Once
a Fan’s Offer is accepted THE
SALE
BECOMES FINAL AND THERE WILL BE NO REFUNDS OR EXCHANGES ALLOWED
(c)
Delivery Process / Ticket Guarantee
i.
Fans
understand that tickets might not be in hand and may be delivered at a date later
than when the offer is first accepted.
ii.
Tickets
will be delivered in time for the event.
iii.
Fans
will receive tickets that are identical or superior to those indicated at the time
of acceptance. Superior tickets may be a
closer row and/or Zone.
(a)
Fanprice.com
reserves the right to determine what is considered a superior ticket used for the
purpose of substitution.
iv.
All
offers satisfied within 4 days of the event, shall be delivered via our
FanFasTix ™ Electronic Ticket delivery service.
(d)
Electronic Tickets - FanFasTix™
i.
After
an Offer is Accepted some Fans may have the option of
receiving their tickets via our FanFasTix™ electronic
ticket delivery service.
(a)
If
the event is less than 4 days away, tickets can only be delivered via our FanFasTix™
electronic ticket delivery system.
(e)
Event Information / Postponed, Cancelled Event
i.
Event
date, times, and subject matter may change prior to the date of the Event. Although Fanprice.com will make its best efforts
to obtain updated event information and inform the Fans of any changes to an Event,
the ultimate responsibility lies with the Fans to check with the box office or refer
to local listings to learn of potential changes.
ii.
Under
no circumstances can Fanprice.com be held responsible for any changes to an event,
including postponement, partial performances, venue,
date or time changes and as such, no refunds can be issued for these circumstances.
(a)
If
an event is postponed, the original tickets issued will, in most cases, be usable
on the new date. If a new date has not yet
been selected, please continue to check with the box office or local listings to
find out when a new date has been scheduled.
Fanprice.com will make best efforts to monitor the situation and keep you informed
as well.
(b)
Fanprice.com
will assist Fans and Ticket Holders to aid them in facilitating a new ticket delivery
if original tickets are not usable for the new date.
iii.
If
an event is cancelled, DO NOT DISCARD YOUR TICKETS,
Fanprice.com will contact you regarding the event and the procedures that need
to be followed. In some cases, the tickets
will need to be returned, in others, the tickets can simply be destroyed.
Fanprice.com will inform you of the specific situation surrounding your event
and what procedures you need to follow to receive a refund.
Once the event specific procedures are followed, Fans will receive a FULL
REFUND, inclusive of service fees, shipping and handling.
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SELLING TICKETS
(a)
Accepting an Offer
i.
Ticket
Holders must have a registered account before Accepting Offers.
ii.
Ticket
Holders choose the event where they have tickets, which Zone within the Venue their
tickets reside and they can then view the available Offers in that Zone.
iii.
Once
a Ticket Holder has accepted an Offer, the Ticket Holder must supply exact section
and row information, as well as an anticipated delivery date of the Tickets.
iv.
By
Accepting an Offer the Ticket Holder is responsible for delivering the exact seats
specified in the Offer to the Fan.
v.
At
the time of the Acceptance or at the time of the Delivery Date indicated by the
Ticket Holder at the time of Acceptance, whichever is later, the Seller will receive
either a link to a Federal Express label or in the case of electronic tickets, instruction
on how to upload their Tickets to Fanprice.com.
(a)
If
the Ticket Holder receives a Federal Express label, they will immediately place
the tickets in a Federal Express envelope, along with any promotional material Fanprice.com
includes. Place the label on the outside
of the envelope and drop off the envelope at the closest Federal Express and/or
Kinkos location.
a.
Fans
address information is provided to Ticket Holders for the sole purpose of shipping
the specific tickets and may not be used by the Ticket Holder for any other purpose
for any reason whatsoever.
TICKET HOLDERS ARE STRICTLY FORBIDDEN FROM INCLUDING ANY PROMOTIONAL OR CONTACT
MATERIAL IN THE ENVELOPE, NOT SUPPLIED BY THE PRIMARY TICKET SELLER AND/OR FANPRICE.COM.
SUCH MATERIAL INCLUDES BUT IS NOT LIMITED TO, ANNOUNCEMENTS FOR WEBSITES,
BUSINESS CARDS, FLYERS, COUPONS, DISCOUNT CODES, PROMO ITEMS.
ANY SUCH MATERIAL WILL RESULT IN WITHOLDING PAYMENT AND/OR SUSPENSION FROM
FANPRICE.COM.
vi.
Ticket
Holders shall provide a valid credit card to Fanprice.com to secure the transaction. (Please see failed transactions below for
more information on how a Credit Card may be used).
(b)
Payment
i.
Within
3 business days of when Ticket Holders’ Tickets are delivered to the Fans and/or
uploaded and confirmed by Fanprice.com, Ticket Holders’ funds for such sale shall
be set for payment. The funds for the sale shall be equal to the selling price of
their tickets minus a 15% commission in their Fanprice.com account.
v.
You agree that payments may be withheld if
(a)
A
sale is cancelled for any reason;
(b)
Fanprice.com
believes that you have committed fraud or otherwise engaged in illegal activity;
(c)
You
are unable to fulfill an order with the exact seats you represented at the time
of acceptance or offer satisfactory substitutions, which are determined by Fanprice.com
in its sole discretion.
(d)
An
adjustment had to be made due to our Ticket Guarantee
(e)
You
otherwise owe money to Fanprice.com (e.g. An event has
been cancelled).
(d)
FanPrice shall issue checks to Ticket Holders at least
twice per month and all funds that have been set for payment, as described above,
shall be combined into a single check payment. if
(c)
Delivery
i.
Ticket Holder must guarantee Delivery by the Delivery
Date provided by FanPrice.
ii.
Once providing a Shipping Date, the Ticket Holder is
guaranteeing shipment by that date. If Ticket
Holder cannot ship by that date, it is Ticket Holder’s responsibility to contact
Fanprice.com and provide a new shipment date.
If such date is after the Fans’ offer expiration date or If Ticket Holder fails
to ship by the shipment date and continues to fail to ship for 5 business days or
the date of event, whichever comes first, Fanprice.com reserves the right to cancel
the order and purchase comparable or similar tickets to fulfill
Fanprice.com’s Ticket Guarantee.
(d)
Ticket
Guarantee
i.
By
Accepting an Offer, Ticket Holders are responsible for fulfilling the order with
the same tickets that the Ticket Holder represented.
If the Ticket Holder is unable to fulfill the order with the same tickets
or satisfactory replacements, the Ticket Holder will be responsible for the costs
of obtaining comparable or superior tickets to replace the unfulfilled order. What is or is not a satisfactory replacement
is the sole discretion of Fanprice.com.
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CREDIT CARD AUTHORIZATIONS
(a)
When a Ticket Holder Accepts an Offer, we charge the
Fan’s credit card for the Total Transaction Cost.
The credit card information is provided only to Fanprice.com and not to the Ticket
Holder. Ticket Holder will be compensated
for the sale as stated above.
(b)
If a Ticket Holder fails to fulfill an order, Fanprice.com
will charge the Ticket Holder’s credit card to obtain replacement seats to fulfill
the order.
(c)
If a Ticket Holder’s seats fail to fulfill the order
in any way, including but not limited to, fraudulent tickets, incorrect tickets,
stolen tickets, double printed tickets, Fanprice.com reserves the right to charge
the Ticket Holder’s credit card to satisfy the Fans (e.g. issuing credits, gift
certifications, replacement tickets to a similar event.).
(d)
You agree that Fanprice.com may charge a credit card
if
(a)
A
sale is cancelled for any reason;
(b)
Fanprice.com
believes that you have committed fraud or otherwise engaged in illegal activity;
(c)
Ticket
Holders are unable to fulfill an order with the exact seats represented at the time
of Acceptance or offer satisfactory substitutions, which are determined by Fanprice.com
in its sole discretion;
(d)
An
adjustment had to be made due to our Ticket Guarantee;
(e)
You
otherwise owe money to Fanprice.com (e.g. An event has
been cancelled).
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RIGHTS, RESPONSIBILITIES AND DUTIES
(a)
ILLEGAL
ACTIVITY
i.
You agree not to use this site in any way that would
be considered unlawful.
ii.
You agree to comply with all international, federal,
state and local laws that apply to any activity you perform on the site, including,
but not limited to, the transfer of event tickets for greater than face value.
iii.
You agree to supply Fanprice.com with true and accurate
information regarding your account. Fanprice.com
will cooperate fully with all and any law enforcement agencies should you provide
Fanprice.com with a false name, address and/or stolen or otherwise falsified credit
card information.
iv.
You agree not to sell any property that is stolen, or
otherwise acquired illegally or suspected of being stolen and/or otherwise acquired
illegally. Fanprice.com will cooperate fully
with any and all law enforcement agencies and encourage the prosecution of any such
individual who sells and/or attempts to sell such property on Fanprice.com.
(b)
DISPUTE
RESOLUTION – RELEASE OF LIABILITY
i.
If Fans are dissatisfied with their purchase in any
way, they agree to following the rules as set forth in the Ticket Guarantee section
of the Fan Offer Agreement.
ii.
FANPRICE.COM
ACTS AS A MARKETPLACE ONLY, TO FACILITATE TRANSACTIONS BETWEEN FANS AND TICKET HOLDERS.
FULFILLMENT OF ORDERS,
INCLUDING DELIVERY OF TICKETS, IS THE RESPONSIBILITY OF THE TICKET HOLDER. IF YOU
HAVE A DISPUTE WITH ONE OR MORE MEMBERS YOU RELEASE FANPRICE.COM AND ALL AFFILIATED
COMPANIES, OFFICERS, DIRECTORS, AGENTS, PARENTS, SUBSIDIARIES, LEGAL REPRESENTATIVES
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 DISPUTE. YOU ACKNOWLEDGE THAT
CALIFORNIA
CIVIL CODE SECTION 1542 PROVIDES: "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." IF YOU ARE A RESIDENT OF
CALIFORNIA
, YOU AGREE TO WAIVE
CALIFORNIA
CIVIL CODE SECTION 1542. IF YOU ARE A RESIDENT OF ANY OTHER STATE OR FOREIGN COUNTRY,
YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER JURISDICTION.
(c)
GRANT OF LICENSE
i.
You
grant Fanprice.com the right to reproduce, modify, publish and display on the Site
and on the sites of our partners and affiliates any content you may provide to Fanprice.com
in connection with your use of the site and its Services.
Further, you grant Fanprice.com the right to use such information in connection
with any of Fanprice.com’s marketing, promotion and
publicity efforts in any and all media throughout the universe in perpetuity.
(a)
Such grants
expressly include any submissions for “Fan of the Day” and/or “Slogan of the Day”. You expressly understand and agree that any
videos and/or slogans submitted to Fanprice.com become the property of Fanprice.com
and can be used in any manner Fanprice.com so decides, including, but not limited
to, editing, modification, splicing, for the purpose of third party copyright compliance
and/or any other reason Fanprice.com so decides.
ii.
The
Grants in this provision herein shall comply at all times with the information contained
in Fanprice.com’s Privacy Policy.
At no time shall any information be shared or used in a way that contradicts
the Privacy Policy. If you object to your
information being used in accordance with this section and/or the Privacy Policy,
please do not use the services offered by this Site.
(d)
VIOLATION OF TERMS
i.
Fanprice.com
has the right to investigate complaints and violations of its policies.
If necessary, you agree to supply Fanprice.com with information necessary
to complete such investigation, including, but not limited to, information about
the source of a ticket, your right to purchase a ticket or the price you paid for
a ticket.
ii.
Fanprice.com,
may, in its sole discretion, take any action it deems appropriate, including, but
not limited to, suspending service, denying access to the Site, removing an Offer,
cancelling an Acceptance, issuing a warning or requesting an Offer be edited if
you
(a)
breach this
Agreement or any part thereof;
(b)
provide
information that Fanprice.com is unable to authenticate;
(c)
refuse to
cooperate in any investigation of a complaint or violation;
(d)
participate in conduct we believe
may cause you or other Users liability.
iii.
Users
understand and expressly agree that Fanprice.com may withhold any funds due to you
for any sales during the time of any investigations and that Fanprice.com has the
right, in its sole discretion, to determine that the proper remedy for any such
violation is suspension of any payments previously due.
iv.
You
understand that Fanprice.com may disclose any information it believes violates any
law to the appropriate authorities.
(e)
NO ASSIGNEMNT
i.
You
may not assign or transfer this Agreement or any of its rights or obligations, without
the prior written consent of Fanprice.com, which it can refuse in its sole discretion.
ii.
Nothing
in this Agreement is intended to confer benefits, rights or remedies unto any person
or entity other than the parties hereto and their successors and permitted assigns.
Our suppliers and co-brand partners are third-party beneficiaries of this Agreement
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WARRANTIES
(a)
You represent and warrant that all information provided
is not
i.
False, misleading, obscene or defamatory or otherwise
fraudulent;
ii.
infringing on any third party’s copyright, patent, trademark,
service mark, or otherwise violate any rights of publicity or privacy;
iii.
Violating any law, statute, or regulation, including,
but not limited to consumer protection, unfair competition or false advertising;
iv.
Designed to damage, interfere with any system, process,
intercept or otherwise extract any data or personal information.
(b)
You expressly warrant that you will comply with all
applicable international, federal, state and local laws regarding the use of the
Site and selling of event tickets. Fanprice.com
does not track or have knowledge of the face value of tickets listed on the Site
and, as such, it is the sole responsibility of the user to know their local laws
and regulations and comply with them as stated in this agreement.
(c)
Ticket
Holders will provide accurate descriptions of the tickets they use to accept an
Offer. If the Ticket Holder supplies, fraudulent,
invalid and/or misleading tickets, and
the Ticket Holder is unable and/or otherwise unwilling to fulfill the order with
the tickets originally offered or satisfactory replacements, the Ticket Holder will
be responsible for the costs of obtaining comparable or superior tickets to replace
the unfulfilled order.
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INDEMNIFICATION:
You agree to indemnify and hold harmless Fanprice.com and any parent, subsidiary,
officer, director, employee, agent, or attorney , against any claim or demand and
all liabilities, costs and expenses (including reasonable attorneys’ fees) that
arise out of any claim or demand asserted by a third party that involves any of
your activities (whether through action or omission) on this Site, including, but
not limited to, breach of this Agreement or your violation of law or rights of third
parties.
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DISCLAIMERS
(a)
FANPRICE.COM
PROVIDES THE SITE, SOFTWARE, SERVICE AND CONTENT ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
TO THE EXTENT APPLICABLE BY LAW IN YOUR JURISDICTION, FANPRICE.COM MAKES
NO WARRANTY WITH RESPECT TO ANY TICKETS, ANY EVENT AND THE SERVICES PROVIDED BY
FANPRICE.COM, FANS AND/OR SELLERS. FANPRICE.COM
CAN MAKE NO WARRANTY THAT FANS AND/OR SELLERS WILL PERFORM AS EXPECTED AND/OR IN
ACCORDANCE WITH THIS AGREEMENT.
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 REGARDLESS OF WHETHER FANPRICE.COM HAD NOTICE OF THE CAUSE OR SUCH
CAUSE WAS FORESEEABLE. IN NO EVENT WILL FANPRICE.COM, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, CONTENT, BE LIABLE TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFIT OR REVENUE OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, CONTENT OR SITE. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY
EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL
OR MATERIAL TERMS OF THIS AGREEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(b)
FANPRICE.COM
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND/OR LIABILITY FOR ANY LOST PROFITS, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER DIRECT OR INDIRECT THAT
MAY RESULT FROM THE SITE’S SERVICES OR THE TERMINATION, SUSPENSION AND/OR MALFUNCTION
OF THOSE SERVICES.
(c)
IN ANY CIRCUMSTANCE,
FANPRICE.COM’S LIABILITY IS LIMITED TO THE LESSER OF
(A)
THE AMOUNT OF FEES YOU PAY TO FANPRICE.COM IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow for the limitation
of liability, so the foregoing limitation may not apply to you.
(d)
YOU ACKNOWLEDGE
AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT
BARGAINED FOR ALLOCATIONS OF RISK AND THAT THE COMPENSATION, PRICING AND OTHER TERMS
AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.
(e)
Fanprice.com is not in any way responsible for
the accuracy or suitability of any payment of taxes to any entity on your behalf.
You agree to indemnify and hold harmless Fanprice.com
and any parent, subsidiary, officer, director, employee, agent, or
attorney , against any claim or demand and all liabilities, costs and
expenses (including reasonable attorneys’ fees) that arise out of any claim or demand
asserted by a third party or government agency that involves any tax obligation
or any dispute concerning the tax status of Fanprice.com.
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SERVICE AVAILABILITY
(a)
Fanprice.com reserves
the right to modify or discontinue the Site or any part of the site, at any time,
whether temporarily or permanently. You agree
that we are not liable to you or any third party for any change, suspensions or
discontinuance of the Site or any Services offered on the Site.
We do not guarantee continuous service and/or secure access to our Site and
its Services.
(b)
The Site
may undergo regular maintenance
from 1:00AM to 4:00AM Pacific Time each morning.
During this time, the Site may not be available.
(c)
Offers listed by
Fans may not immediately appear on the Site and may
take up for 4 hours to appear on the site.
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RELATIONSHIP:
(a)
No use of the Site or provision of this Agreement
shall be read to create any agency, partnership, joint venture, employer-employee
or franchisor-franchisee relationship between you and Fanprice.com.
The relationship between you and Fanprice.com is strictly that of independent
contractors.
- NOTICES
(a)
All notices to you shall be sent to the e-mail
address you supplied at the time of registration.
Such e-mails shall be considered delivered and notices given 1 business day following
the sending of such e-mail.
(b)
All notices to Fanprice.com should be sent to
customersupport@fanprice.com. Our street address is
766 Harrison St Suite 102,, San Francisco,, CA 94107
- INTELLECTUAL PROPERTY
RIGHTS
(a)
You agree and acknowledge that Fanprice.com is
the sole owner of all intellectual property contained within the Site, including,
but not limited to, patents, trademarks, trade names, service marks and copyrights. You shall not now or at any time in the future
contest the validity of such before mentioned intellectual property.
(b)
The software and the site, including without
limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer
programs, are
the property of Fanprice.com, and are protected by U.S. and international copyright,
trademark and other laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on the site is the exclusive property of Fanprice.com
and protected by
U.S.
and international copyright law. Any unauthorized reproduction, modification, distribution,
transmission, republication, display, or performance of the software or the content
on the site is strictly prohibited.
- GOVERNING LAW
(a)
This
Agreement shall be governed by
and interpreted in accordance with the laws of the State of
California
without giving effect to its choice of law principles.
(b)
Except
for allegations that you have infringed or threatened to infringe upon our intellectual
property rights as described in section 13, Fanprice.com and you agree that any
dispute between us or arising under or concerning performance or breach of this
Agreement shall be settled by binding arbitration to be held in Oakland, California,
U.S.A, under the then current rules of the American Arbitration Association. Judgment on the arbitration award may be entered
in any court of competent jurisdiction.
(c)
If
we allege and/or believe that you have infringed or threaten to infringe our intellectual
property rights, then, in addition to any other rights and remedies we may have,
we may seek a preliminary or permanent injunctive relief from any court of competent
jurisdiction. For such actions, you consent
to exclusive personal jurisdiction and venue of the federal and state courts in
and for
Oakland
,
San Francisco County, U.S.A.
- ENTIRE AGREEMENT
(a)
You
agree that this is the entire
agreement between you and Fanprice.com, and that it supersedes any prior
agreement, whether written or oral, and all other communications between Fanprice.com
and you relating to the subject matter of this Agreement
(b)
If
any provision of this Agreement is held to be invalid or unenforceable under any
circumstances, its application in any other circumstances and the remaining provisions
of this Agreement shall not be affected.
(c)
The
Subject Headings of each paragraph is for reference only and does not, in any way,
define or limit the scope of such paragraphs.
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