Welcome to FANPAGE.COM (“ FANPAGE ”), which is owned and operated by Fanpage Ltd. Our services are subject to the following Terms of Use (“TOU”):
Fanpage Ltd. must be denoted as such.
1.
ACCEPTANCE OF TERMS OF USE
The following are terms of a legal agreement between you and FANPAGE . By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website.
FANPAGE reserves the right to update or revise the TOU at its discretion and without notice. You are responsible for checking the TOU periodically for changes. You can review the most current version of the TOU at any time at: Terms Of Services. If you continue to use FANPAGE following the posting of any changes to the TOU, you agree to be bound by these changes.
In addition, when using particular FANPAGE services, you and FANPAGE shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
2.
DESCRIPTION OF SERVICE
FANPAGE provides an online venue for Fans, its Users, allowing them the opportunity to use the Site as a meeting place to discuss Sporting news, events and general discussions as well updating them with Sports News, events and offering portals to other such information.
3.
Users (Fans)
A User is anyone who browses the Fanpage website and/or registers to become a Member of FanPage.com.
4.
USER CONDUCT
Users must understand that FanPage.com is for personal use only. No commercial usage is permitted. If Users breach any part of the Agreement, FanPage.com reserves the right to immediately and without notification remove his/her profile from the website. Upon registering, Users agree to refrain from the following activities:
i
Users cannot collect email addresses or other personal information from FanPage.com to send unsolicited emails or any other communication.
ii
Users cannot post, upload, email, transmit or use any other method to display on FanPage.com any personal information of their own or of a third party such as residential address, telephone number, etc.
iii
Users will not post, upload, email, transmit or use any other method to display on FanPage.com any material with nudity, violence or offensive sexual images or references to pornographic images of peoples under the age of 18.
iv
Users are not allowed to post, upload, email, transmit or use any other method to display on FanPage.com any material which is racist, hateful, obscene, vulgar, hostile, offensive, violent or otherwise objectionable.
v
Users are not to post, upload, email, transmit or use any other method to make available any material to damage or limit the task of the website by viruses, robots, spiders or any other programs made to disrupt or breakdown the functioning of any component of FanPage.com.
vi
Users cannot sign in under another User's name or make up a false profile when registering to be a Member of FanPage.com.
vii
No commercial usage is allowed on FanPage.com. No data collected from FanPage.com can be sold for commercial purposes so as to violate the Users' privacy.
viii
Users cannot use FanPage.com to break any laws, whether intentionally or unintentionally, or use the website and its services to commit or conspire to commit a crime.
ix
Users cannot post, upload, email, transmit or use any other method to facilitate hacking on FanPage.com.
x
Users cannot use FanPage.com to transmit chain letters or junk mail.
xi
Users are not to use the services provided by FanPage.com to harass or violate other Members or issue personal attacks of any nature to other Members.
xii
Users are not allowed to post photographs of anyone without their express permission.
xiii
Users are not to use FanPage.com or its services in any way that violates any applicable laws or regulations.
You acknowledge and understand that the above represents only a partial list of illegal/forbidden activity on this website; prohibited Content and/or Conduct includes all of the above but is not limited by this list. Fanpage reserves the right to investigate any activity that involves breaking any of the above rules or laws of the country.
5.
MEMBERSHIP
By clicking the “BECOME A MEMBER” feature of the site and registering with the FANPAGE website, or logging in as a previous User, you are designating yourself as a “Member”. “Members” are a distinct class of Users who have elected to not only browse our website, but also to post content, etc.
6.
PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at: Privacy
7.
MINORS
Minors under the age of fourteen are not eligible to use the Service or to register for any accounts. You are fully responsible for your child's online conduct and the consequences of any misuse of the Service by your child.
8.
USER REGISTRATION OBLIGATIONS
In consideration of your use of the Service, where applicable, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or out of date, or, if FANPAGE has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or out of date, FANPAGE has the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof).
9.
REGISTRATION and ACCOUNT
Upon completion of the registration you will receive a registrant designation, along with its associated User ID and Password. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify FANPAGE of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. FANPAGE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
10.
FANPAGE CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will FANPAGE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information by providers and users are those of the respective author(s) or distributor(s) and not of FANPAGE .
You are solely responsible for the retrieval and use of the Content, transactions, products or Services available on or through the Service. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.
11.
THIRD PARTY CONTENT
This website may contain links to other third party services and resources for informational purposes only. FANPAGE is not responsible for such third party services and resources, nor does FANPAGE approve or endorse such third parties or their services or resources. You further acknowledge and agree that FANPAGE 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
12.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in the promotions of, Sellers and Advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Seller or Advertiser. You agree that FANPAGE 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 Sellers or Advertisers on the Service.
13.
MONITORING
You acknowledge that FANPAGE does not pre-screen Content, but that FANPAGE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, FANPAGE and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FANPAGE or submitted to FANPAGE , including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service.
You acknowledge and agree that FANPAGE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FANPAGE , its users and the public.
14.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FANPAGE may establish general practices and limits concerning use of the Services, including, without limitation: the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FANPAGE 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FANPAGE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FANPAGE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FANPAGE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15.
MODIFICATIONS TO SERVICE
FANPAGE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FANPAGE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16.
TERMINATION OF ACCESS
You agree that FANPAGE , at its sole discretion, may terminate your account (or any part thereof) or use of the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or if FANPAGE believes that you have violated or acted inconsistently with the letter or spirit of the TOU. FANPAGE may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FANPAGE shall not be liable to you or any third-party for any termination of your access to the Service.
17.
INDEMNITY
You agree to indemnify and hold FANPAGE , and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, not liable for any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
18.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
19.
CONTENT SUBMITTED BY USERS
FANPAGE does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant FANPAGE a world-wide, royalty-free and non-exclusive license to publish the Content submitted.
20.
FANPAGE 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FANPAGE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
FANPAGE 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, reverse engineer, reverse assemble or otherwise attempt to discover any source code, 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, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FANPAGE for use in accessing the Service.
21.
TRADE-MARK INFORMATION
FANPAGE.COM and other FANPAGE trade marks, logos and service marks (collectively the “trade marks”) used in this website are the property of FANPAGE.COM their respective owners. All other company names, brand names and logos used on FANPAGE are the trademarks of their respective owners. Nothing in this website should be construed as granting by implication or otherwise, a license or right to use FANPAGE, in any manner, any of the trade-marks on the website without the express written permission from FANPAGE or its respective owner.
22.
COPYRIGHT INFORMATION
The Content on FANPAGE is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please notify us immediately.
23.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
FANPAGE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE , (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, UP-TO-DATE, COMPLETE, UNTAMPERED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
c.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA .
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANPAGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
24.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANPAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA , INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
25.
EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 23 AND 24 MAY NOT APPLY TO YOU.
26.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
27.
NO AGENCY
You and FANPAGE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.
28.
GENERAL INFORMATION
The TOU constitutes the entire agreement between you and FANPAGE and governs your use of the Service, superseding any prior agreements between you and FANPAGE . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
You and FANPAGE expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act ( Ontario ) , as amended, replaced or re-enacted from time to time.
This portal is physically located on a server in Ontario , Canada and the laws of the province of Ontario and the federal laws of Canada shall apply without regard to the conflict of laws principles. The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with FANPAGE .
You and FANPAGE agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario , Canada . The failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such a right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
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 shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act , 1991, S.O. 1991, c. 17.