Terms & Conditions
FAN NETWORK TERMS AND CONDITIONS POWERED BY The Fan Network
Effective June 4, 2007
Updated May 1, 2009
This document (the "Agreement") is a legal contract between you and The Fan Network ("The Fan Network") that governs your use of The Fan Network's online music services available at http://www.thefannetwork.org/ (the "Service") whereby you will be granted the ability to download various compositions (the "(Legacy) Audio Performance Downloads") as performed by specific drum & bugle corps.
The Fan Network may from time to time modify these terms and will post a copy of the amended Agreement at http://www.thefannetwork.com/support/. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.
To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate.
You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify The Fan Network immediately of any unauthorized use of your account. The Fan Network shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless The Fan Network, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
USE OF WEBCAST VIDEO STREAM
The recordings of the streaming video contained on this site are owned by The Fan Network, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license the stream or other content to The Fan Network for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the stream is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any stream used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise The Fan Network promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of the video stream will be limited by the rules described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or the stream. The Fan Network reserves the rights to modify the Usage Rules at any time.
USE OF AUDIO/VIDEO PERFORMANCE DOWNLOADS
The recordings of the Audio Performance Downloads (APDs) and Video Performance Downloads (VPDs) contained on this site are owned by The Fan Network, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license these downloads or other content to The Fan Network for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the downloads is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise The Fan Network promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of any downloads will be limited by the rules assigned to the downloads by The Fan Network ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or downloads. The Fan Network reserves the rights to modify the Usage Rules at any time.
A "Purchased Download" is an Download that you may (1) download as many times within a 72 hour period from your purchase date (2) save to the hard drives of up to three of your personal computers and play back at any time, (3) burn to a CD five times and/or (4) transfer to a compatible portable device unlimited times and (5) will not be able to re-download any download six months after the date of purchase. Any security technology that is provided with a download is an inseparable part of it. If you have Purchased downloads, it is your responsibility not to lose, destroy or damage them. The Fan Network shall have no liability to you in the event of any such loss, destruction, or damage. You may purchase downloads on an individual basis.
You may transfer a Purchased download an unlimited number of times to portable devices that are compatible with the Service's Usage Rules and security requirements. Once you have transferred a Purchased download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.
A "Stream" is a performance that you play directly from and while you are logged on to the Service. You may play as many Streams as you like while your subscription is current. You may not attempt (or encourage others) to capture, copy, or download a streamed Song. The Fan Network will count the number of times that you stream each Song for royalty accounting and analysis purposes.
The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in downloads or any works embodied in them.
All rights not expressly granted to you in this Agreement are reserved to The Fan Network and/or its licensors.
Loss of Rights by The Fan Network. The Fan Network may at any time lose the right to make certain downloads available. In such event, you will no longer be able to obtain these downloads.
Delivery of Products. On occasion, technical problems may delay or prevent delivery of Purchased downloads to you. Your sole remedy with respect to Purchased downloads that are not delivered will be either replacement of such products or refund of the price paid for such content, at The Fan Network's discretion.
Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to firstname.lastname@example.org.
CHARGES / BILLING
Agreement to Pay. You agree to pay for all downloads or Subscriptions that you purchase through the Service and The Fan Network may charge your credit card for any such payment(s). The Fan Network may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the "Member Information" section of the "My Account" area.
All sales are final.
Right to Change Prices. All prices for products within the Service are subject to change by The Fan Network at any time.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. The Fan Network reserves the right to change this policy at any time.
Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that The Fan Network shall not be responsible or liable to you for the products or services purchased.
General. As noted above the Service and the Songs contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.
Notices. The Fan Network respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service and/or downloads constitutes copyright infringement, please send a notice by email to email@example.com.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of The Fan Network and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Client (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If The Fan Network receives a notice alleging that you have engaged in behavior that infringes The Fan Network's or other's intellectual property rights or reasonably suspects the same, The Fan Network may suspend or terminate your account without notice to you. If The Fan Network suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
You agree that any unauthorized use of the Service, the Songs, or any related software or materials would result in irreparable injury to The Fan Network and/or its affiliates or licensors for which money damages would be inadequate, and in such event The Fan Network, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that The Fan Network, its affiliates and/or licensors may have under separate legal authority.
You agree to indemnify and hold harmless The Fan Network and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service or the Songs and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
The Fan Network may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or The Fan Network reasonably suspects that you have breached) any provision of this Agreement. If The Fan Network terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and The Fan Network will not refund any amounts that you have previously paid.
You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with The Fan Network.
You understand and agree that your use of the Service and downloads is at your own sole risk. THE SERVICE AND DOWNLOADS (THE "PRODUCTS") ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY The Fan Network OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "The Fan Network ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE The Fan Network ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE The Fan Network ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY The Fan Network ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE The Fan Network ENTITIES.
The Fan Network MAKES NO WARRANTY THAT ANY PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY CD BURNED WILL FUNCTION IN ALL CD PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL ANY The Fan Network ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR DOWNLOADS.
UNDER NO CIRCUMSTANCES SHALL ANY The Fan Network ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE The Fan Network ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE The Fan Network ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with The Fan Network with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Illinois, excluding its conflicts of law rules, govern this Agreement and your use of the Service and the Songs. You expressly agree that the courts in the State of Illinois, County, have exclusive jurisdiction over any claim or dispute with The Fan Network or relating in any way to your account or your use of the Service and the Songs. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in County in connection with any such dispute including any claim involving The Fan Network or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.