Fan2Stage Conditions of Use
Welcome to Fan2Stage. Fan2Stage, Inc. and/or its affiliates (“Fan2Stage”) provide its website features, app and other services to you subject to the following conditions. If you visit Fan2Stage.com, use other Fan2Stage services, products, or use software or mobile applications provided by Fan2Stage that states that it is subject to these Conditions of Use (collectively “Fan2Stage Services”), you accept these conditions. Please read them carefully. In addition, when you use any current, future Fan2Stage Services, (e.g., Fan2StagePro.com) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to that Fan2Stage Service. If these Conditions of Use are inconsistent with the Terms provided for any Fan2Stage service, the Terms will control.
Privacy
Please review our Privacy Notice, which also governs your use of any Fan2Stage Service, to understand our practices.
Electronic Communications
When you use any Fan2Stage Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Fan2Stage Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site in or made available through any Fan2Stage Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Fan2Stage or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fan2Stage Service is the exclusive property of Fan2Stage and protected by U.S. and international copyright laws. All software used in any Fan2Stage Service is the property of Fan2Stage or its software suppliers and protected by United States and international copyright laws.
Trademarks
Fan2Stage and STARMETER are registered trademarks, and the Fan2Stage logo, Fan2StagePRO, MOVIEMETER, and other marks indicated in any Fan2Stage Services are trademarks of Fan2Stage in the United States and/or other countries. Other Fan2Stage graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Fan2Stage. Fan2Stage’s trademarks and trade dress may not be used in connection with any product or service that is not Fan2Stage’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fan2Stage. All other trademarks not owned by Fan2Stage that appear on this site or in any Fan2Stage Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fan2Stage.
License and Site Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Fan2Stage or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the Fan2Stage Services, including digital content available through the Fan2Stage Services, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Fan2Stage. Additional license terms may be found in the Terms. The Fan2Stage Services or any portion of such services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fan2Stage. This license does not include any resale or commercial use of any Fan2Stage Service or its contents or any derivative use of this site or its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by Fan2Stage or its licensors, suppliers, publishers, rightsholders, or other content providers. You will use all Fan2Stage Services in compliance with all applicable laws.
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fan2Stage without express written consent.
Meta Tags: You may not use any meta tags or any other “hidden text” utilizing Fan2Stage’s name or trademarks without the express written consent of Fan2Stage. Any unauthorized use terminates the permission or license granted by Fan2Stage.
Licensing Fan2Stage Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use Fan2Stage content for your non-personal (including commercial) use, please visit our Content Licensing section or contact our Licensing Department. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our express written permission to use robots or crawlers on our site, please contact our Licensing Department.
Linking to Fan2Stage.com: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Fan2Stage.com so long as the link follows our linking guide and does not portray Fan2Stage, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fan2Stage logo or other proprietary graphic or trademark as part of the link without express written permission except as outlined in our help section.
Your Account
If you use any Fan2Stage Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fan2Stage reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Fan2Stage reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Your License to Fan2Stage: If you do post content or submit material, and unless we indicate otherwise, you grant Fan2Stage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fan2Stage and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fan2Stage for all claims resulting from content you supply. Fan2Stage has the right but not the obligation to monitor and edit or remove any activity or content. Fan2Stage takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our Privacy Notice.
Copyright Complaints
Fan2Stage respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fan2Stage’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Fan2Stage and its affiliates that your copyrighted material has been infringed.
Disclaimer of Warranties and Limitation of Liability
THE Fan2Stage SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fan2Stage SERVICES ARE PROVIDED BY Fan2Stage ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fan2Stage MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Fan2Stage SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fan2Stage SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Fan2Stage SERVICES IS AT YOUR SOLE RISK. Fan2Stage RESERVES THE RIGHT TO WITHDRAW ANY Fan2Stage SERVICE OR DELETE ANY INFORMATION FROM THE Fan2Stage SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Fan2Stage DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Fan2Stage DOES NOT WARRANT THAT THE Fan2Stage SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Fan2Stage SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Fan2Stage ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fan2Stage WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Fan2Stage SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Fan2Stage SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Fan2Stage Software Terms In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Fan2Stage Services (“Fan2Stage Software”). If we provide specific Terms for the Fan2Stage Software and there is a conflict between the specific Terms for the Fan2Stage Software and these Conditions of Use, the specific Terms for the Fan2Stage Software will govern.
Applicable Law
By using any Fan2Stage Service, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fan2Stage.
Disputes
Any dispute or claim relating in any way to your use of any Fan2Stage Service, or any products or services sold or distributed by Fan2Stage or through the Fan2Stage Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Fan2Stage will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
c. You and Fan2Stage each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Fan2Stage each waive any right to a jury trial. You and Fan2Stage also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your use of Fan2Stage Services. We reserve the right to make changes to our site, policies, and these our site, policies, Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Fan2Stage Inc
Attn Legal Department
16835 Algonquin St #427
Huntington Beach, CA 92649
Additional Fan2Stage Software Terms
Fan2Stage Media Center Terms and Conditions
These Fan2Stage Media Center Terms and Conditions (“Terms”) govern your use of the Fan2Stage Media Center and any press assets, including but not limited to photographic or other audio-visual materials, Fan2Stage trademarks, logos, trade names, service marks, service names, or other distinctive features owned by Fan2Stage (“Fan2Stage Assets”), made available via the Fan2Stage Media Center, located at https://media.Fan2Stage.com, or other Fan2Stage website, or otherwise from Fan2Stage; and you (“You”) agree to be bound by these Terms. In the event of any conflict between these Terms and any applicable written agreement between You and Fan2Stage, the written agreement shall prevail.
Your Rights To Use Fan2Stage Assets
Fan2Stage grants You a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the Fan2Stage Assets in accordance with these Terms. All use by You of the Fan2Stage Assets (including any goodwill associated therewith) shall inure to the benefit of Fan2Stage. You agree that You shall not challenge, or assist others to challenge, the Fan2Stage Assets or the registration or ownership thereof by Fan2Stage (except to the extent such restriction is prohibited by applicable law), or attempt to register any Fan2Stage Assets or other names, logos, marks, or materials (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to any Fan2Stage Assets. The Fan2Stage Assets are provided “as is” and Fan2Stage disclaims all express and implied warranties, including warranties of noninfringement. Fan2Stage shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the Fan2Stage Assets or Your use thereof. This limitation shall apply even if Fan2Stage was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, the exclusions and limitations stated in these Terms shall apply to You to the maximum extent permitted by law. Nothing herein grants You any right, title or interest in or to the Fan2Stage Media Center Assets.
Requirements
All uses of the Fan2Stage Media Center Assets must conform to the Fan2Stage Brand Guidelines, located at https://brand.Fan2Stage.com, as well as the following requirements, unless You have prior written permission from Fan2Stage:
No Modification. The Fan2Stage Assets must be used as provided by Fan2Stage with no modifications. Do not remove, distort or alter any element of the Fan2Stage Assets or change any colors. Do not shorten, abbreviate, or create acronyms out of the Fan2Stage Assets.
No Generic Use. Do not use Fan2Stage Assets in a way that suggests a common, descriptive, or generic meaning.
No Plural or Possessive Use. Do not use the Fan2Stage Assets in the plural or possessive form.
No Incorporation. Do not incorporate Fan2Stage Assets into Your own product name, service names, trademarks, logos, company names, domain names, website titles, publication titles, or the like, unless expressly permitted by Fan2Stage.
No confusingly similar marks. Do not use the Fan2Stage Assets, including any Fan2Stage trademark, in a manner that might create confusion about the ownership of the Fan2Stage Assets.
No confusing source. Do not use the Fan2Stage Assets, including any Fan2Stage trademark, in a manner that implies that Fan2Stage is the source of Your products or service, or that otherwise might create confusion about the source of the Fan2Stage Assets.
Domain names. Do not register the Fan2Stage Assets, including any Fan2Stage trademark, as domain names or as any part of a domain name.
Trade dress. Do not copy or imitate Fan2Stage’s website design, typefaces, distinctive color, style, graphic designs, or imagery.
Endorsement. Do not display the Fan2Stage Assets in any manner that (i) overstates Your relationship with Fan2Stage; (ii) implies that You have a relationship or affiliation with Fan2Stage; (iii) implies You sponsored or endorsed by Fan2Stage; (iv) implies that any content has been authorized by Fan2Stage; or (v) represents the views or opinions of Fan2Stage or Fan2Stage personnel unless You have prior written permission from Fan2Stage to do so.
Prominence. Do not display the Fan2Stage Assets in a manner that makes it the most distinctive or prominent feature on Your web page, printed material, or other content without express written permission from Fan2Stage to do so.
Violation of Law. Do not display the Fan2Stage Assets on any website that contains, displays, or promotes pornography or like adult content, or gambling, the sale of tobacco, alcohol, or firearms to persons under twenty-one (21) years of age.
Objectionable Use. Do not display the Fan2Stage Assets in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Fan2Stage.
Broadcast. The Fan2Stage Assets may not be used in television, film, or video without Fan2Stage’s prior written permission.
Book or Other Publication Titles. The Fan2Stage Assets may not be displayed in titles of publications, including books, without Fan2Stage’s prior written permission.
Merchandise. The Fan2Stage Assets may not be used or displayed in or on merchandise or manufactured items of any kind without Fan2Stage’s prior written permission.
Credit Line: You will reproduce all credit line information provided for the Fan2Stage Assets.
Fan2Stage’s Rights
Fan2Stage will interpret Your compliance with these Terms in its sole discretion. Fan2Stage may modify or terminate Your permission to display or use the Fan2Stage Assets at any time. Fan2Stage may take action against any use of the Fan2Stage Assets that does not comply with these Terms or written permission from Fan2Stage, infringes any Fan2Stage owned or licensed intellectual property or other right, or violates applicable law.
General Provisions
You may not assign Your rights or delegate Your obligations under these Terms without Fan2Stage’s prior written consent. These Terms do not create any rights in any third party. These Terms will be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The venue for any dispute or claim shall be Santa Clara County, California. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other. Fan2Stage’s waiver of breach of any provision of these Terms shall not be deemed to be a waiver of the Terms themselves. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be changed and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.