Registration Data; Security
In consideration of your use of the Site, you agree to (a) maintain your password’s and identification’s security; (b) provide current, complete and accurate information about yourself, as may be requested by any registration forms on the Site (Registration Data); (c) promptly update and maintain such Registration Data; (d) to keep and any other information you provide to The Company accurate, complete and current; and (e) be fully responsible for all use of your account and for any actions that occur using your account.
Proprietary Rights in Site Content
You understand that with the exception of advertising programs offered by The Company on the Site the Service and the Site are available solely for your non-commercial, personal use. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including trademark, copyright, privacy, publicity or other personal or proprietary rights; or contain defamatory, libelous or otherwise unlawful material.
In addition, you agree that we have the right, but not the obligation, to take any of the following actions in our sole discretion for any reason whatsoever and at any time without prior notice:
1. Change, suspend, or discontinue any part of or all of our Services;
2. Restrict, suspend, or terminate your access to any part of or all of our Services;
3. Reject, move, or remove any content that is available on our sites;
4. Reject, move, or remove any material that you submit to our sites for any reason;
5. Deactivate or delete your accounts and all information and/or files related thereto;
6. Establish general practices and limits concerning use of our sites.
7. Amend such general practices and limits concerning use of our sites from time to time.
You agree that we will not be liable to you or to any third party for taking any of the actions set forth herein. You understand and agree that our Services may include communications, including without limitation announcements regarding service and administrative messages from us and/or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving such messages and/or announcements. You also understand that our Services may include advertisements.
Furthermore, you also agree not to use the Service or the Site to:
1. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
2. use the Service or the Site in any unlawful manner or in any other manner that could disable, damage, overburden or impair the Site or the Site’s functionality;
3. use automated scripts to collect information from or otherwise interact with the Service or the Site;
4. upload, transmit, post, share, store or otherwise make available any content that The Company deems to be unlawful, defamatory, harmful, threatening, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, religiously, ethnically or otherwise objectionable;
5. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
6. upload, post, transmit, share, store or otherwise make available any videos or photographs other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art, photographs, video or animation created by you or your friends;
7. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
8. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, solicitations, or any other form of solicitation;
9. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers and any other sensitive information;
10. upload, share post, transmit, or otherwise make available any material that 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;
11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful or commercial or exploitative purposes;
12. intimidate or harass another;
13. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
14. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
15. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Company, is objectionable or that inhibits or restricts any other person from using or enjoying the Site, or that may expose Company or its users to any harm or liability of any type.
Trademarks and Trade Dress
EFANS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Efans’ trademarks and trade dress, as applicable, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Company.
Posted user Content
When you post User Content to the Site, you expressly authorize and direct us to make such copies of such User Content as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, excerpt (in whole or in part), reformat, translate, and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above automatically expires upon such removal; provided that you acknowledge that the Company may retain archived and stored copies of your User Content.
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Efans via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Efans messages and to write postings using text messaging (Mobile Texts), (iii) the ability to browse the Site from your mobile phone (Mobile Web), and (iv) the ability to access certain Efans features through a mobile application or software you have downloaded and installed on your mobile phone (Mobile Client) (collectively, referred to herein as the Mobile Services. We do not charge for such Mobile Services. However, your mobile telephone carrier's regular messaging, data and other rates and fees will still apply. Check with your mobile telephone carrier to find out the pricing of such carrier’s plans for such Mobile Services. Further, installing, downloading, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers, mobile phones or devices. Check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Efans and other entities by SMS, text message, MMS, or other electronic means to your mobile device or telephone and that certain information about your usage of such Mobile Services may be permissibly conveyed to us.
We respect others’ intellectual property rights prohibit users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement in the form of an email addressed to email@example.com specifying the precise nature of the content that allegedly infringes, we shall promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has a policy of terminating, at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, with or without the existence of repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites -Third Party Sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties -the Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Company offers a feature through which users of the Site can share with others or post to their own member profile, videos, articles and/or other third party applications, software or content from, and/or links to, third party sites through the Service -the Sharing Service. You acknowledge and agree that your use of the Sharing Services and all links, User Content or third party applications, software or content shared through the Sharing Service is subject to, and shall comply completely with the user conduct rules set forth hereinabove and the other terms and conditions set forth in this Agreement.
Use of Sharing Links
Efans Platform Applications
You are solely responsible for your interactions with other Efans users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Efans, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. We do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, unlawful, obscene or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. The Site, the Service including without limitation the Mobile Services, the Sharing Service and the Marketplace Service are provided on an as-is basis. Company hereby expressly disclaims any and all representations and warranties, whether express or implied, including without limitation warranties of title, fitness for a particular purpose, merchantability or non-infringement. The Company does not and cannot promise certain results from use of the Site and/or Service and/or of any Platform Applications. Nor does the Company represent or warrant that content or materials on the Site, software or the Service or any Platform Applications are complete, accurate or error-free or that the Site or its servers or any Platform Applications are free from viruses or other harmful elements. EXERCISE CAUTION AND FORETHOUGHT IN DOWNLOADING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN RISK AND DISCRETION AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH SERVICE AND PLATFORM APPLICATIONS AND ANY DAMAGES TO YOUR MOBILE DEVICE, TELEPHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your content and profile or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under thirteen (13), or under eighteen (18) and not in high school or college.
We may be required by federal or state law to notify you of certain occurrences. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or by delivering them to you via e-mail. You may update your e-mail address by visiting the Services where you have provided your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting EFANS.COM at firstname.lastname@example.org.Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and EFANS.COM and govern your use of our sites, superseding any prior agreements that you may have with us.If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Sharing Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (Submissions), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.