Fanical Terms & Conditions
is a social networking site that allows you to interact with other members. The
site is operated by Memberocity LLC. To become a member of the
Fanical website, you must read and accept all of the terms and conditions of this
bound by the terms after you read this Agreement, you may not use the Fanical website.
ELIGIBILITYChildren under thirteen years of age are not allowed to register as a member of Fanical
or use the website. Additional age restrictions may also apply. Membership in the Service is void where prohibited.
By using the website, you represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement.
TERMThis Agreement will remain in full force and effect while you use the website
and/or are a Member. You may terminate your membership at any time, for any
reason from your account management page. Fanical may terminate your
membership for any reason, at any time. If Fanical terminates your membership
in the Service because you have breached the Agreement, you will not be
entitled to any refund of unused subscription fees. Even after membership is
terminated, this Agreement will remain in effect.
Fanical reserves the right to change the terms,
conditions, and notices under which the Fanical website is offered by posting
ammended terms to this website, including but not limited to the charges
associated with the use of the Fanical website. Any member with excessive behavioral
complaints will have their membership revoked. Members who violate one or more of the website rules may also have their membership revoked.
MATERIALS PROVIDED TO THE Fanical OR CONTENT POSTED ON THIS SITE
The Fanical does not claim ownership of the materials you
provide to Fanical (including feedback and suggestions) or post, upload, input
or submit to any Fanical website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Fanical, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Fanical is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
Fanical's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LINKS TO THIRD PARTY SITES
The Fanical website may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Fanical and Fanical is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Fanical is not responsible for webcasting
or any other form of transmission received from any Linked Site. Fanical is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Fanical of the site or any association with
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Fanical website, you
warrant to Fanical that you will not use Fanical website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the Fanical Website in any manner which could damage, disable,
overburden, or impair the Fanical website or interfere with any other party's
use and enjoyment of the Fanical website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Fanical website.
NON COMMERICIAL USE BY MEMBERSThe Web
site is for the personal use of individual Members only and may not be used in
connection with any commercial endeavors. Organizations, companies, and/or
businesses may not become Members and should not use the Service or the Web
site for any purpose. Passwords and compiled names, photos, links, and Website
content are not to be transferred or copied from the Website for use with any
other product or service. Illegal and/or unauthorized uses of the Website,
including collecting usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website will be investigated, and appropriate
legal action will be taken, including without limitation, civil, criminal, and
condition of your use of the Service, you guarantee to Fanical that you will
not use the Service for any purpose that is unlawful and / or prohibited by
these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and
regulations and are solely responsible for all acts or omissions that occur
under your account made by you including the content of your transmissions
through the Service. By way of example, and not as a limitation, you agree NOT
Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain
software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain
viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer.
Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
Download any file posted
by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
Falsify or delete any
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any
other user from using and enjoying the Communication Services.
Conduct or forward
surveys, contests, pyramid schemes or chain letters.
Violate any code of
conduct or other guidelines which may be applicable for any particular
Harvest or otherwise
collect information about others, including e-mail addresses, without
Violate any applicable
laws or regulations.
MEMBER DISPUTESYou are
solely responsible for your interactions with other Fanical members. Fanical
reserves the right, but has no obligation, to monitor disputes between you and
acknowledge and agree that Fanical content including but not limited to
(1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6)
design presented through and as part of the Service by Fanical, is protected
by copyrights, trademarks, service marks, patents, or other proprietary rights
content received through the Service may be displayed, reformatted, and printed
by you for your personal, non-commercial use only and at all times used solely
in connection with the Service in accordance with the Agreement.
names, logos, and other materials displayed on the Fanical website constitute
trademarks, copyright and other intellectual property collectively referred to
as 'IP rights' of Fanical. Ownership of such IP rights remains with Fanical.
You are authorized to use such IP rights during the process of promoting and
using Fanical hosted by the Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Fanical website are copyrighted by Fanical and/or its suppliers. All rights reserved. The names of
actual companies and products mentioned herein may be the trademarks of their
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not
expressly granted herein are reserved.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE
THE FANICAL WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
FANICAL AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE FANICAL WEBSITE AT ANY TIME. ADVICE
RECEIVED VIA THE FANICAL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FANICAL AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE FANICAL WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. FANICAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL FANICAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
FANICAL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FANICAL WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
FANICAL WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FANICAL WEBSITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF FANICAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FANICAL WEBSITE.
is any dispute about or involving the Website and/or the Service, by using the
website, you agree that the dispute will be governed by the laws of the State of
without regard to its conflict of
law provisions. You agree to personal jurisdiction by and venue in the state
and federal courts of the State of
Texas, City of Dallas.
agree, at your expense, to indemnify, defend and hold Fanical, harmless from
and against any loss, cost, damages, liability, and/or expense arising out of
or relating to (a) third party claims, actions or allegations of infringement
based on information, data or content you submitted in connection with the service,
(b) any fraud or manipulation, or other breach of this agreement, by you, or
(c) third party claims, actions or allegations brought against Fanical arising
out of your use of the service or software.
Agreement, accepted upon use of the website and further affirmed by becoming a
Member of the Service, contains the entire agreement between you and Fanical
regarding the use of the website and/or the Service. The failure of Fanical
to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. The section titles in these Terms of Service are for convenience
only and have no legal or contractual effect.