You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site and the Service are not intended for children under 13. If you are under 13 years of age, then please do not use the Site or the Service.
Accuracy and Completeness of Information
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. While FanActivate strives to ensure that the information contained on the Site is accurate and reliable, FanActivate makes no warranties as to the accuracy or completeness of any information, including prices, product images, specifications, availability, and services, and assumes no liability or responsibility for any omissions or errors in the information. FanActivate reserves the right to revise the information on the Site at any time, in its sole discretion without any obligation to notify past, current or prospective visitors.
Intellectual Property Notice
Intellectual property (“IP”) includes patents, copyrights, trade secrets, trade dress, trademarks, and rights of publicity. FanActivate respects the IP rights of others and asks you to do the same. When using and interacting with the Site and the Service, you may not post, submit, modify, distribute, or reproduce in any way any material that infringes an IP right belonging to another.
FanActivate acknowledges that campaign messages submitted by independent advertisers may refer to the IP rights of others. These independent advertisers are informed of and have agreed to FanActivate’s policies concerning the IP rights of others as set out in these Terms and elsewhere on the FanActivate website. FanActivate respects all such IP rights of others, and FanActivate is not affiliated with the owners of the IP rights to which the campaign messages may refer.
If you are a copyright owner and believe that material has been posted on the FanActivate website in a way that infringes one or more of your copyrights, you may submit a DMCA takedown notification to FanActivate. Please refer to FanActivate’s DMCA Policy, which is hereby expressly incorporated herein, for more information.
If you are an independent advertiser in receipt of a DMCA takedown notification and believe that believe that your advertisement has been removed from or disabled on the FanActivate website as a result of mistake or misidentification of the material to be removed or disabled, you may submit a DMCA counter-notification to FanActivate. Please refer to FanActivate’s DMCA Policy for more information.
FanActivate is not responsible for the IP rights of or relating to campaign messages on the FanActivate website. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FanActivate with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FanActivate, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the FanActivate website.
FanActivate’s Intellectual Property
Except as expressly provided in these Terms, you are not granted any rights or license to IP owned by FanActivate. FanActivate reserves all rights not expressly granted in these Terms.
All original content (“Content”) on the FanActivate website is © 2014 FanActivate Inc. and is protected by U.S. and international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by FanActivate.
Unless otherwise indicated, Content does not include the campaign messages of independent advertisers. Content also does not include the IP rights of others, to which the campaign messages may refer.
Trademarks and Branding Guidelines
The following marks are registered trademarks of FanActivate: ***. All other FanActivate products or service names, slogans, or logos used on the Site are trademarks of FanActivate. You understand and agree that FanActivate’s registered trademarks and unregistered trademarks used on the Site are solely owned by FanActivate. Failure of a mark to appear on this page does not mean that FanActivate does not use or own the mark. All other company, product, service names, slogans, or logos referenced on FanActivate’s website are used for identification purposes only and may be trademarks of others.
Your Use of The Site and the Service
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The FanActivate website and all Content associated therewith are provided by FanActivate AS IS as a service to current and prospective customers, independent advertisers, and visitors to the FanActivate website. FanActivate hereby grants you a limited license to use the FanActivate website and the Content, subject to the following restrictions: (a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without FanActivate’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in FanActivate’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to FanActivate’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited. There are inherent dangers in downloading materials and information from the Internet, and FanActivate cautions you to make sure that you completely understand the potential risks before downloading any such Content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from the Site, and FanActivate will not be liable for any damages that you may suffer as a result of such download.
Our Service allows independent advertisers to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Independent Advertiser Content"). The independent advertisers retain any and all of your rights to such Independent Advertiser Content and are responsible for protecting those rights. The independent advertisers are also responsible for the Independent Advertiser Content, including its legality, reliability, and appropriateness. You grant FanActivate a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, modify, publicly perform, publicly display, reproduce, and distribute such Independent Advertiser Content on and through the Service. You specifically agree that this license includes the right for us to make your Independent Advertiser Content available to other users of the Service, who may also use your Independent Advertiser Content subject to these Terms. In connection with such Independent Advertiser Content, you warrant and represent to FanActivate that you have all rights, title and interests necessary to provide such Independent Advertiser Content to FanActivate, and that your provision of the Independent Advertiser Content to FanActivate shall not infringe any party’s proprietary or personal rights, including but not limited to any privacy rights, publicity rights, contract rights, trademark rights, copyrights, patent rights, trade secret rights, and any other rights of any person.
Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the FanActivate website or the Content on another website; use of the FanActivate website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the FanActivate website that FanActivate finds, in its sole discretion, to use FanActivate’s Content with the effect of competing with or displacing the market for FanActivate, the Content, or the campaign messages of independent advertisers.
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of FanActivate, restricts, impairs, interferes or inhibits any other user from using or enjoying the FanActivate website and/or our related services and products.
You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the FanActivate website in a manner that sends more request messages to the FanActivate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FanActivate grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FanActivate reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to circumvent, disable or otherwise interfere with security-related features of the FanActivate website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FanActivate website or the Content therein.
Purchases and Payments
If you are an independent advertiser, your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. FanActivate will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by FanActivate, you agree that you will pay them when due. We will send notice to the email on record if a card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within 3 months. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
FanActivate shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
Payments to FanActivate may be prepaid via Credit Card or Wire transfer. Funds added to your account are converted to prepaid credits and are added to your account balance. All prepaid credits shall have an expiration date linked to the date of purchase (or most recent date of account recharge), at which point it shall expire automatically. All credits will expire 12 months after the aforementioned date. Any unused value shall be forfeited upon expiration.
As between you and FanActivate, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
If you are an independent advertiser, you agree to familiarize yourself with the legalities of any campaigns run through the FanActivate system. We encourage you to seek the counsel of an attorney with respect to these legalities. We also encourage you to visit the following websites:
You further agree to familiarize yourself with any additional International, Federal, State, or local laws governing your dialing. You agree to place any individual requesting DNC (Do Not Call) status, on your account’s DNC list, immediately. You agree to provide legal contact information in any outbound campaign within the initial greeting message. You agree to provide your own sound files for all outbound campaigns. You agree to provide all data and agree to responsibly dial each campaign with courtesy to the recipients for which it is meant. You agree to schedule campaigns responsibly. You agree not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers. You agree to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast. You agree to use DNC / opt-out features made available to you via FanActivate. You agree to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.
If you are an independent advertiser, you further acknowledge and agree to be held liable for any and all damages caused to FanActivate by you, your officers, agents and/or employees, as a direct result of a violation in State, Federal, and tariff regulations. Damages include but are not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by FanActivate to you.
The provisions regarding ownership; payments; warranties; and indemnification set forth herein will survive any termination of these Terms. All notices to FanActivate in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
If you are an independent advertiser, you will not send, cause to be sent or facilitate the sending of any message using the Service if the recipient to receive such message has not given you prior express consent. However, in the case that you are sending messages that are Spam, you must have acquired the prior express written consent from the recipient to receive such message. Under no circumstances will You send Spam or any other message where You obtained the consent of the recipient as a condition to a purchase.
Links to Third Party Websites
The Site may contain links to websites controlled by third parties. FanActivate provides these links merely as a convenience and FanActivate is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and FanActivate expressly disclaims any responsibility for the content of any third party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. FanActivate is not responsible for third party content accessible through this website, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. FanActivate makes no representation or warranty as to any third-party products or services.
Communications, Submissions, Suggestions & Community Participation
You consent to receive communications from FanActivate electronically. FanActivate may communicate with you by email, by a message sent to your FanActivate account, or by posting a notice on the FanActivate website. You agree that FanActivate’s electronic communications to you will satisfy any legal requirement that such communications be in writing.
In the event you elect to communicate to us suggestions for improvements to the Site or the Service (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction.
Furthermore, any other content or information you post or provide to FanActivate via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of FanActivate. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FANACTIVATE MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. FANACTIVATE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.
No advice or information, whether oral or written, obtained by a user from FanActivate, shall create any warranty not expressly made herein.
The Site or the Service may require the use of third party services, products, or networks. FanActivate will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to You. You agree to follow those policies, requirements, or guidelines. ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. FANACTIVATE MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL FANACTIVATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THIS WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF FANACTIVATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST FANACTIVATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
FANACTIVATE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE FANACTIVATE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT FANACTIVATE SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT A CAMPAIGN MESSAGE SUBMITTED BY AN INDEPENDENT ADVERTISER HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER OR ANY CLAIM THAT PERSONAL INFORMATION SUBMITTED BY A CUSTOMER HAS VIOLATED THE PRIVACY RIGHTS OF ANOTHER.
You agree to defend, indemnify and hold FanActivate, its officers, directors, employees, and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to reasonable attorney's fees, arising from or related to (i) your use of the Site or the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your campaign messages caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site or the Service.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FanActivate’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Limitations on Actions
You agree that any cause of action arising out of or relating to the Site or the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FanActivate without restriction.
The formatting in these Terms (including without restriction the paragraph headings) is included to help make these terms easier to read and has no binding effect.
Governing Law and Jurisdiction
The Site is controlled by FanActivate from its offices in Los Angeles, California, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of California, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court in Los Angeles County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. FanActivate makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations you do so at your own risk and you are responsible for compliance with any applicable local laws.
Please report any violations of the Terms, including objectionable or offensive Content, campaign messages, or FanActivate forum posting. Please state the reasons for your concern and provide a link to or copy of the Content, campaign message, or FanActivate forum posting in question. Upon receiving such a report, FanActivate in its sole discretion may investigate the matter and take such action as FanActivate determines to be appropriate.
Other Reservation of Rights
FanActivate reserves the right to discontinue any aspect of the Site or the Service at any time. We also reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Termination or Cancellation
You agree that FanActivate may, at any time and at FanActivate’s sole discretion, with or without cause or any notice to you, terminate these Terms, or suspend, block, terminate, or otherwise cancel your access to, the Site or the Service. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site or the Service after termination of these Terms, that use will constitute your agreement to the Terms then posted on the FanActivate website.
The Terms constitute the entire agreement between you and FanActivate regarding the use of the Site or the Service, superseding any prior agreements between you and FanActivate relating to your use of the Site or the Service. The failure of FanActivate to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.
April 12th, 2014