general Terms of Service
Welcome to Fantourage, Inc.
("Fantourage"). These General Terms of Service ("Terms of
Service" or "Terms") govern your use of the web site www.Fantourage.com
(the "Web-Site"), including all related domains and sub-domains
and all services provided or received thereby (collectively, the "Services").
Fantourage reserves the right to amend these terms without advance notice,
and Fantourage may charge you a fee to use certain Services. You
can review the most current version of the Terms of Service at any time
By accessing and using the
Services, you agree to be bound by the Terms of Service. Your use of
the Services is entirely conditioned on and subject to your compliance
with these Terms. If you do not agree with these Terms of Service, do
not use the Services. If you have questions about these Terms,
please contact us at info@Fantourage.com.
Your privacy is very important
to us. Your Registration Data and certain other information about
USER ACCOUNT, PASSWORD AND
If you open a membership account
with Fantourage, you will select your own unique user name and password.
You are responsible for maintaining the confidentiality of the user
name and password, and you are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify Fantourage of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Fantourage cannot and will not be
liable for any loss or damage arising from your failure to comply with
USER REGISTRATION OBLIGATIONS
You represent that you are
either more than 18 years old, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter
into and will comply with the Terms of Service, and that you are not
a person barred from using the Services under the laws of the United
States or other applicable jurisdiction. In any case, you affirm that
you are over the age of 13. You also agree to: (a) provide accurate
and complete information about yourself as prompted by the Service's
registration form (the "Registration Data"), and (b) maintain and
promptly update the Registration Data to keep it accurate and complete.
If you provide any information that is untrue or incomplete, or if Fantourage
has reasonable grounds to suspect that such information is untrue or
incomplete, Fantourage has the right to suspend or terminate your account
and refuse your current or future use of the Services.
You understand that all information,
data, text, photographs, video, audio, graphics, messages, comments,
postings, tags, links, or other materials ("User Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from whom such User Content originated. This means that
you, and not Fantourage, are entirely responsible for all User Content
that you upload (or ask Fantourage to upload), post, email, transmit
or otherwise make available via the Fantourage Services. Fantourage
does not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Fantourage Services, you may be exposed
to User Content that is offensive, indecent or objectionable. Under
no circumstances will Fantourage be liable in any way for any User Content,
including, but not limited to, any errors or omissions in any User Content,
or any loss or damage of any kind incurred as a result of the use of
any User Content posted, emailed, transmitted or otherwise made available
via the Fantourage Services.
You agree to not use the Fantourage Services to:
- upload, post, email, print, transmit or otherwise make available any User Content that
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or reveals another's personal information, hateful, shocking or disgusting, or racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- is in the nature of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Fantourage official, celebrity or business, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, treaty or tariff, including any laws regarding the transmission of technical data exported from your country of residence;
- stalk or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in above.
You acknowledge that Fantourage
may not pre-screen User Content, but that Fantourage and its designees
shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or remove any User Content that is available
via the Fantourage Services. Without limiting the foregoing, Fantourage
and its designees shall have the sole right to remove any User Content
that violates the Terms of Service or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the
use of any User Content, including any reliance on the accuracy, completeness,
or usefulness of such User Content. In this regard, you acknowledge
that you may not rely on any User Content created by Fantourage or submitted
You agree that Fantourage may
access, preserve and disclose your account information and User Content
if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce the Terms of Service; (iii) respond to claims
that any Content violates the rights of third parties; (iv) respond
to your requests for customer service; or (v) protect the rights, property
or personal safety of Fantourage, its users and the public.
You understand that the Fantourage
Services and software embodied within the Fantourage Services may include
security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Fantourage
and/or content providers who provide content to the Fantourage Services.
You may not attempt to override or circumvent any of the usage rules
embedded into the Fantourage Services. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Fantourage Services, in whole or in part, is strictly
You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion or use of, or access to, the Fantourage Services or any
User Content thereon.
OWNERSHIP OF USER CONTENT
You retain all of your ownership
rights in your User Content. However, by submitting User Content to
Fantourage, you hereby grant Fantourage a perpetual, worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
prepare derivative works of, display, distribute, and perform the User
Content in connection with the Services and Fantourage's (and its
successors' and affiliates') business, including without limitation
for promoting and redistributing part or all of the Services (and derivative
works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Fantourage Services a non-exclusive
license to access your User Content through the Services, and to use,
reproduce, distribute, display and perform such User Content as permitted
through the functionality of the Services and consistent with these
Terms of Service.
All the information, content,
media, image files, and materials offered by Fantourage Services are
protected by U.S. and international copyright laws and by other applicable
laws. You understand that Fantourage is unable to provide you with permission
to copy, display or distribute material for which you do not own the
copyright, and Fantourage does not provide others with such rights to
your User Content (unless you give us permission to do so). You may
not copy or distribute such material without the written consent of
the copyright owner, and you are solely responsible for any copyright
violations that you may incur as a result of your activities on the
Services. Fantourage retains the absolute right to terminate your Fantourage
usage or to exclude you from the Services if you violate the intellectual
property rights of others while using the Services. Fantourage
retains the right to remove any User Content at any time in its sole
If you submit any ideas regarding
new products or services, such ideas automatically become the property
of Fantourage, and you automatically forfeit your right to the intellectual
property of these ideas. If you intend to own the intellectual property
rights of your ideas in any way (patent, trade secrets, copyright, trademark,
etc.) please do not submit your ideas to Fantourage.
You agree to defend, indemnify
and hold harmless Fantourage, its officers, directors, employees, agents,
licensors, affiliates, and suppliers, from and against any and all claims,
actions or demands, liabilities and settlements, damages, obligations,
losses, costs or debt, and expenses (including but not limited to reasonable
legal and accounting fees) arising or resulting from your use or misuse
of the Services, your violation of any term of these Terms of Service,
any violation of any third party right, including without limitation
any intellectual property, privacy or publicity right by you or any
other subscriber or user of your account, or any claim that your User
Content (including any User Content posted on Fantourage at your request)
caused damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Services.
MODIFICATIONS TO SERVICES
Fantourage reserves the right
at any time to modify or discontinue, temporarily or permanently, the
Fantourage Services (or any part thereof) with or without notice. You
agree that Fantourage shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Fantourage
Services (or any part thereof).
TERMINATION OF ACCOUNT
You agree that Fantourage may,
without prior notice, immediately terminate, limit your access to or
suspend your Fantourage account, any associated email address, and access
to the Services for any reason. Cause for such termination, limitation
of access or suspension shall include, but not be limited to, (a) violations
of the Terms of Service or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) discontinuance
or material modification to the Services (or any part thereof), (d)
unexpected technical or security issues or problems, (e) extended periods
of inactivity, (f) engagement by you in fraudulent or illegal activities,
and/or (g) nonpayment of any fees owed by you in connection with the
Services. Further, you agree that all terminations, limitations of access
and suspensions for cause or any other reason shall be made in Fantourage's
sole discretion and that Fantourage shall not be liable to you or any
third party for any termination of your account, any associated email
address, or access to the Services.
Termination of your Fantourage
account includes any or all of the following: (a) removal of access
to all or part of the offerings within the Services, (b) deletion of
your password and all related information, files and content associated
with or inside your account (or any part thereof), including, without
limitation, cancellation of award points, and (c) barring of further
use of all or part of the Services. Upon termination of your account
by Fantourage, you agree that you will not attempt to re-register with
or access the Services or use any Services content or any other product
or service provided by Fantourage, whether through use of a different
member name or otherwise.
You may cancel your Fantourage
account at any time by submitting such termination request to Fantourage.
You agree that the Fantourage
Services and any necessary software used in connection with the Services
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further agree that
content contained in advertisements or information presented to you
through the Services or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly permitted by applicable law or as authorized by Fantourage
or the applicable licensor (such as an advertiser), you agree not to
modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly
perform or create derivative works based on the Services, such content
or the software, in whole or in part.
Fantourage grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, or sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the software. You agree
not to modify the software in any manner or form, nor to use modified
versions of the software, including (without limitation) for the purpose
of obtaining unauthorized access to the Services. You agree not to access
the Services by any means other than through the interface that is provided
by Fantourage for use in accessing the Services.
You agree that all of Fantourage's
trademarks, trade names, service marks and other Fantourage logos and
brand features, and product and service names are trademarks and the
property of Fantourage, Inc. (the "Fantourage Marks"). Without Fantourage's
prior written permission, you agree not to display or use in any manner
the Fantourage Marks.
The Services may provide, or
third parties may provide, links to other World Wide Web sites or resources.
You agree that Fantourage is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products or other materials
on or available from such sites or resources. You further agree that
Fantourage shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on or through any such site or resource.
DEALINGS WITH ADVERTISERS
OR OTHER USERS
You understand and agree that
Fantourage may place advertisements and promote advertisers on any part
of Fantourage.com (or any other web site related to the Fantourage Services)
as Fantourage determines in its sole discretion. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Fantourage Services or users of the Fantourage
Services (including, without limitation, other users of Fantourage Services,
such as other fans or celebrities), including payment and delivery of
related goods, awards or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Fantourage shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers or users on the Fantourage Services. You may not
submit any advertisements to Fantourage without Fantourage prior consent.
Fantourage retains the right to remove any such advertisements in its
POINTS AND AWARDS
You may earn points based on
your specific activities on the Web-Site and may earn prizes or awards
offered by other users, such as businesses and celebrities, for accumulating
such points. By registering for the Services, becoming a fan of other
users, such as businesses and celebrities, you may, subject to applicable
law, these Terms and Conditions and the General Contest Rules listed
below, participate in contests sponsored by such other users. By participating,
you agree to be bound by the General Contest Rules listed below and
any other terms and/or decisions of the user sponsoring the contests.
You understand and agree that points earned in connection with the use
of Fantourage Services have no value whatsoever, in cash or otherwise,
are for entertainment only, and may be earned, expire, be revoked or
cancelled at any time at Fantourage's sole discretion. Fantourage
shall not be held responsible for, and does not guarantee any awards
or prizes, or any products or services offered, advertised or promised
by other users (including businesses and celebrities) and delivering
any awards or prizes promised by a user (including businesses and celebrities)
shall be the sole responsibility of the user promising such awards or
prizes. You understand and agree that Fantourage may (but is not required
to) forward your contact information to other users for the purpose
of delivering to you an award.
OFFICAL CELEBRITY SITES
You understand that Fantourage
may, but shall not be required to, confirm the identity of any user
who administers an official celebrity site and/or page or claims an
unofficial celebrity site and/or page and may terminate the account
of such user or any administration privileges for such site and/or page
at any time in its sole discretion. Fantourage shall not be held responsible
for any claims, damages or liability resulting from any information
or other communication by and among users, including users administering
an official celebrity site and/or page. You may only administer
an official celebrity site and/or page or claim an unofficial celebrity
site and/or page and offer rewards to other users if you are an authorized
representative of the celebrity who is a subject of the site and/or
page, and agree to be bound by these Terms of Service. Without limiting
the foregoing, the posting by you or any other user of any User Content
on a site and/or page you administer or claim shall be subject to these
Terms of Service.
You understand and agree that
if you offer prizes and/or awards to other users, such offerings may
be subject to various federal, state and local laws governing contests
and sweepstakes. By offering prizes and/or awards you hereby represent
and warrant that such offerings comply with all applicable laws and
regulations, in the United States or otherwise. In addition all offerings
shall comply with the General Contest Rules listed below. You must contact
the wining user no later than seven (7) days following the date such
user became eligible for the prize and/or reward and use reasonable
efforts to deliver to such user and/or fulfill the prize and/or the
reward in accordance with their terms and the General Contest Rules.
In addition to any other indemnification
obligation hereunder, you agree to defend, indemnify and hold harmless
Fantourage, its officers, directors, employees, agents, licensors, affiliates,
and suppliers, from and against any and all claims, actions or demands,
liabilities and settlements, damages, obligations, losses, costs or
debt, and expenses (including but not limited to reasonable legal and
accounting fees) arising or resulting from the violation of any law
and/or regulation and/or any claims by users of the Services related
to your administration of an official celebrity site and/or page, to
any reward or prize promised, any products or services offered, or any
representation or warranties made by you in connection with your use
of the Services. This defense and indemnification obligation will survive
these Terms of Service and your use of the Services.
DISCLAIMER OF WARRANTIES,
LIMTATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE
OF THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT
AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, IS AT YOUR
SOLE RISK. FANTOURAGE (A) MAKES THE SERVICES AVAILABLE ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND RELATING TO THE SERVICES OR ITS CONTENTS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FANTOURAGE MAKES NO WARRANTY
(A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR
(B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR RECEIVE
ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE SERVICES, YOU
DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND FANTOURAGE,
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR.
IN NO EVENT SHALL FANTOURAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, AFFILIATES, AND SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE SERVICES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR
INABILITY TO USE, THE SERVICES OR ANY CONTENT AND PRODUCT OR SERVICE
OFFERINGS LISTED OR PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FANTOURAGE IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE
THAT FANTOURAGE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT FANTOURAGE WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE SERVICES ABSENT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in these Terms of Service, there shall be no third-party
beneficiaries to this agreement.
NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM
Fantourage respects the intellectual
property of others, and we ask our users to do the same. Fantourage
may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Fantourage's Copyright Agent with the following
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the
- copyright or intellectual property owner's behalf.
Fantourage's Agent for Notice
of Claims of Copyright is: Jeff Durso, Fantourage, Inc., 20 Yarmouth
St., Unit 1, Boston MA 02116; email copyright@Fantourage.com; fax 585-302-4447
GENERAL CONTEST RULES
Unless stated otherwise for a specific contest, the following rules shall apply to all contests on the Web-Site (in addition to any specific rules). If any specific contest rule conflicts with any of the the following General Contest Rules, the specific contest rules shall prevail. Fantourage and Sponsors reserve the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants, provided that Fantourage shall be the final interpreter of such rules. Fantourage and/or Sponsor shall not be responsible for any administrative errors involved in the execution of any contest:
- The user sponsoring the contest (the "Sponsor") and/or Fantourage may terminate or change the dates and/or terms of a contest without prior notice. All decisions of Sponsor and/or Fantourage are final. By entering, users agree to be bound by these General Contest Rules and the final decisions of Sponsor and or Fantourage, provided that if Sponsor and Fantourage make conflicting decisions, Fantourage's decision shall control.
- No purchase necessary. To participate in a contest, you must be a user of the Services who elected to become a fan of the user sponsoring the contest, at least 18 years old and a legal resident of the fifty United States or the District of Columbia. Contests are void where prohibited by law.
- The winner of a contest will be the participant with the highest accumulated number of points at the deadline (contest closure date). In the event of a tie (same number of points at contest closure date) the participant achieving the highest score who accumulated points most recently prior to contest closure date will be the winner.
- Winner(s) (including their username and profile photo) will be publicly announced on the Web-Site within a week following the contest closure date. Sponsor will notify the winner by email communication or through the Web-Site with additional details and/or any action that are required to be taken by the winner to receive the award. Winner shall have 5 business days to complete any steps required to receive the award, if the appropriate steps are not completed the within such 5 business days or if the winner rejects the award(s), the award(s) will be forfeited and may be offered to the participant with the second highest accumulated number of points at the deadline (contest closure date), at Sponsor's sole discretion.
- Awards/Prizes may not be substituted or transferred by any contest winner and a winner may not receive cash redemption in lieu of the award/prize. Sponsor reserves the right to substitute awards of equal or comparable value.
- All contests are subject to all federal, state and local laws and regulations.
- All taxes (federal, state, local or otherwise) on prize(s) and/or awards and all related expenses are the sole responsibility of winner. Winner(s) may be required to complete a W-9, affidavit of eligibility, tax acknowledgment form and liability release for tax and confirmation purposes. All forms requested by must be completed, returned and postmarked within three (3) days of issuance either via facsimile or U.S. Registered mail to Sponsor. If the proper forms are not completed and returned, prize(s) and/or award(s) will be forfeited. Winner(s) shall be solely responsible for the reporting and payment of all taxes incurred by acceptance and use of the prize(s) and/or award(s) (or any portion thereof), if applicable.
- Fantourage and/or Sponsor has the right to perform background check on any contestant and rescind reward if it has found the contestant acted against the rules of the contest.
- Fantourage and/or Sponsor reserve the right in their sole discretion to disqualify any entry at any time if it is determined that the user entering the contest has not complied with these Terms and Conditions, any applicable law or any rules governing a specific contest.
- Fantourage and/or Sponsor reserve the right to void any "Fan Video Contest" without a winner if fewer than 5 videos have been submitted two weeks after the start of the contest.
- Awards/Prizes are offered "as is" with no written, express, or implied warranty. Sponsor shall not be responsible for replacing awards or for the inability to use the award(s) or prize(s) for reasons beyond the Sponsor's control.
These Terms of Service constitutes
the entire agreement between you and Fantourage and governs your use
of the Fantourage Services, superseding any prior version of these Terms
of Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other Fantourage services,
affiliate services, third-party content or third-party software.
You and Fantourage agree that the Terms of Service and the relationship
between you shall be governed by the laws of the Commonwealth of Massachusetts
without regard to its conflict of law provisions and that all claims,
causes of action or disputes (regardless of theory) arising out of or
relating to the Terms of Service, or the relationship between you and
Fantourage, shall be brought exclusively in the state and federal courts
of the Commonwealth of Massachusetts. You agree to waive all objections
to the exercise of jurisdiction over the parties by such courts and
to venue in such courts in any such dispute. These Terms of Service
will not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly
excluded. The failure of Fantourage to exercise or enforce any
right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service
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 of Service remain in full force and effect.
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by Fantourage
without restriction. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of
or related to use of the Fantourage Services or the Terms of Service
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.