FanSurge

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Create your FanSurge account
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Terms of Service: Introduction Welcome to the FanSurge online community for independent artists, venues, and fans (the "site"). This User Agreement ("agreement") lists the terms of the agreement between you (this means "you" or “user” or “users”) and FanSurge, LLC ("FanSurge" or "we" or "us") for the all services we provide (the "services"). By completing the registration process, you agree to accept the terms and conditions of this agreement and become a member of this site. Modification If we change this agreement, we shall post a revised version of this agreement, which shall automatically replace the terms of this agreement. The revised version of this agreement is automatically effective 3 days after it is initially posted on the site. Your continued use of the site and the services following FanSurge's posting of a revised agreement will constitute your acceptance of the revised agreement. If you do not agree with the terms of this agreement or any revised version of this agreement, do not continue to use the services or this site. 1. Your Warranties to Us. 1.1 Member Identity You represent to us that, for each subscription, you either are the identity you claim to manage or you have been given express permission to open and control a subscription on behalf of that identity. You understand that signing up another subscriber without their permission is a direct infringement on their rights, and they may have the right to prosecute. FanSurge reserves the right to prosecute for any misrepresentation of our services, or your services, as listed on our site. 1.2 Other Information You represent and warrant that any information you provide to us, to other members, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (d) does not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers 1.3 Legal Compliance You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the site. 1.5 Indemnity. You agree to indemnify and hold FanSurge, LLC, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by FanSurge, LLC that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions. 2. Things We Don't Allow. Fraud, Manipulation, Adult Content, Illegal Activity: FanSurge is a friendly community where artists can post their live event information to be viewed by a large audience. Abuse of your account in any way will result in the suspension or termination of your account at our sole discretion. Innaccurate, misleading, and/or disruptive information or claims as well as multiple same-event listings are considered inappropriate, and in violation of our policy. Artists are allowed no more than one listing per event. Violators may be prosecuted accordingly at our sole discretion including without limitation to account suspension, termination, denying access, or legal prosecution. 3. Disclaimers 3.1. No Warranty. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, FANSURGE PROVIDES THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FANSURGE MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, ANY EVENT, THE SERVICES FANSURGE PROVIDES, OR THAT USERS WILL PERFORM AS PROMISED, AND FANSURGE EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 3.2. Disclaimer of Liability. FANSURGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT AND SPECIAL DAMAGES) THAT MAY RESULT FROM THE SERVICES, THE SITE, OR THE SUSPENSION, TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. 3.3. Liability Limit. FANSURGE_ LIABILITY TO YOU OR ANYONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) $100, AND (B) THE TOTAL DOLLAR AMOUNT BOUGHT VIA FANSURGE IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY. 3.4. State Law Limitations. Some states do not allow the absence of warranty, disclaimer of liability, and/or liability limit set forth above, so the foregoing limitations may not apply to you. 3.5 No Guarantee FanSurge makes no guarantee of any specific result from use of this Site or use of the FanSurge service. FanSurge disclaims any and all liability for the acts, omissions and conduct of any third party users, FanSurge users, advertisers and/or sponsors on the Site, in connection with the FanSurge service or otherwise related to your use of the Site and/or the FanSurge service. FanSurge is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. FanSurge assumes no responsibility for the behaviors or any damages or any criminal charges brought on to anyone in connection with these services. 3.6. Change or Suspension of Site. FanSurge reserves the right at any time to modify or discontinue, temporarily or permanently, the site or any part of the site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the site or any services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. 3.7 Disclaimer: Because FanSurge is just the venue at which the event may be listed or advertised, we have no control over the quality or deliverance of the services advertised on the site. For this reason, any complaints or discrepancies regarding the event itself should be taken up with either the artist, or the venue at which the event took place. Please report violations of your rights to your local law enforcement, and then to abuse@fansurge.com. 3.7 Regular Maintenance. The site could be unavailable from 5am-2pm Eastern time on any day while it is being updated and modified. During this time, the site will be temporarily unavailable, and a notification will be posted indicating this. 4. Violations 4.1 Breach Without limiting other remedies, we may immediately remove your profile or event listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 4.2 Report Fraud Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to FanSurge at abuse@fansurge.com. FanSurge may investigate the claim and take appropriate action, in its sole discretion 5. Refunds 5.1 All FanSurge account subscription purchases are final. Under no circumstances will FanSurge give a refund for account purchases. 6. We Own the Intellectual Property Rights to Our Site. 6.1. Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of FanSurge's intellectual property. 7. Additional Terms That Affect Our Agreement. 7.1. Notices. Except as expressly stated otherwise, all notices to FanSurge shall be mailed to FanSurge, LLC, Legal Department, PO Box 10594, Raleigh, NC 27605. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent. 7.2. Statute of Limitations. 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 Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 7.3. Miscellaneous. This agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. The subject heading at the beginning of each paragraph of this agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
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