Terms of Use





There's really no way to make this part fun. But we will try. This is more awkward than losing your virginity, and not near as rewarding. However, it is a necessary evil, so here we go. From here on out, By The Fans,LLC can and will be referred to as "Company", "Us", "Our", "We" and "Web Site". By The Fans, LLC owns the rights to all the information, images, products, and services we offer, on the internet or in printed form, via personal computers, mobile devices (yes, your phone, blackberry, etc.). The following Terms of Use (TOU) govern your use of the website.You agree to these TOU by accessing or using the Web Site, registering for services offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites. See, is this fun and interesting? Anyway, IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE. (Gee, that must be important for it to be all bold like that)

Acceptance of Terms

Your use of the Web Site is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Site constitutes your acceptance of these TOU.

Description of Services

The Web Site currently provides users with access to a variety of online resources, including various communications tools, online forums, shopping services, and personalized content  Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Company and/or the Web Site. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, (e.g., personal computer, modem, cell phone, other access device, etc.)

Intellectual Property Ownership

The past, present and future Web Site content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including without limitation, the "look and feel" of the Web Site (collectively, "Content"), The Balloting System and all its components and formulas, are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of By The Fans,LLC, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Site.

Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download - view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site's software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site creates to generate its web pages; or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.

Acceptable Use

You will not use the Web Site to:

1. Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects By The Fans,LLC business such as discouraging any person or entity from advertising with, linking to or supplying By The Fans,LLC, libelous, pornographic, racist, sexually explicit, ethnically or culturally offensive, or that promotes racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's sole discretion; In other words, don't be a racist hate monger or post pornographic stuff on our site...simple really. (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site; Seriously, we will do everything in our power to prosecute you to the fullest, and get you in hot water with the Feds...so DON'T TRY US! (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
4. Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
5. Use or attempt to use another's information, account, password, service or system except as expressly permitted;
6. Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.

Additional Terms and Junk

Registration may be required for the use of certain portions of the Web Site (e.g., e-mail, newsletters, fantasy, games, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, forums, blogs etc.). In some instances, these TOU and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Site. To the extent there is a conflict between these TOU and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled.

If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Web Site using your name, user name or password in whole or in part.

Contests, Sweepstakes, and other Stuff

The Web Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

Termination

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Site, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. You agree that these TOU will not be construed against Company by virtue of having drafted these TOU. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOU. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.

You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to deny access to all or part of the Web Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.