Terms of Use

Terms Of Use

 

Welcome to TheFanPrint.com, the website and online service of FanPrint, Inc. (“FanPrint or “us” or “our”). This page explains the terms by which you may use our website and services.

FanPrint operates this website and any related mobile websites and mobile applications we have now or in the future (collectively, the “Site”). By using the Site, you (“you” or “End User”) agree to these Terms of Use, our Privacy Policy, and any additional terms, rules or regulations set forth on the Site, as any of the same may exist from time to time and regardless of whether or not you are a registered user of the Site (collectively, the “Terms of Use” or “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE THE SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

You may use the Site only if you can form a binding contract with FanPrint, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Site; this includes financial responsibility for any items you purchase through the Site. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register to access the Site or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us. The Site is not available to any End User previously removed from the Site by FanPrint. FanPrint reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

As a condition of your use of the Site, you agree that:

  • You are an individual person at least 18 years of age;
  • You possess the authority to create a binding legal obligation;
  • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete;
  • Your use of this Site will at all times comply with the terms of this Agreement; and
  • If you elect to create an account:
    • You may create only one account for your personal use;
    • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective product offers;
    • You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
    • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

 

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. FanPrint retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, the infrastructure used to provide the foregoing, and all intellectual property rights related thereto (collectively, the “FanPrint Property”), are the exclusive property of FanPrint and its licensors, as applicable. Nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of FanPrint Property for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit ideas about the Site, including without limitation about how to improve the Site or our products, or ideas with respect to new products or product designs (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place FanPrint under any fiduciary or other obligation, and that FanPrint has no obligation to provide any compensation to you if we use the Idea, and is free to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FanPrint does not waive any rights to use similar or related ideas previously known to FanPrint, or developed by its employees, or obtained from sources other than you.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with FanPrint and the Site while it is being transmitted. In addition, FanPrint is not responsible for any data lost during transmission.

5. Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your FanPrint account or in order to create multiple FanPrint accounts;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by FanPrint;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with FanPrint;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit End Users or other business partners of FanPrint to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FanPrint, including without limitation, aggregating current or previously offered products or promotions;
  • Using any End User, product or other information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Exceeding or attempting to exceed quantity limits when purchasing products or otherwise using any FanPrint account to purchase products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific product offer on the Site;
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any product offer) without our express written permission; or
  • Acting illegally or maliciously against the business interests or reputation of FanPrint, our business partners or our services.

 

6. Creating an Account on the Site

If you create an account on the Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your FanPrint account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

The Site is available through Facebook’s “Facebook Connect” service. You must have an active Facebook account in order to access the Site through Facebook Connect, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Site through Facebook Connect, FanPrint may require that your FanPrint user ID be the same as your user name for Facebook. If you sign into FanPrint through Facebook Connect, you will provide your Facebook account credentials to FanPrint, and you are consenting to have the information in that account transmitted into your FanPrint account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.

The Site is available through Twitter’s “Sign In With Twitter” service. You must have an active Twitter account in order to access the Site through Sign In With Twitter, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Twitter policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Site through Sign In With Twitter, FanPrint may require that your FanPrint user ID be the same as your user name for Twitter. If you sign into FanPrint through Sign In With Twitter, you will provide your Twitter account credentials to FanPrint, and you are consenting to have the information in that account transmitted into your FanPrint account, and you agree that you shall only use Twitter accounts owned by you, and not by any other person or entity.

7. Terms of Sale

By purchasing any item sold on the Site (an “Offer”), you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, or printing an Offer, you agree to these Terms of Sale specifically (“rules”) the terms of the Offer itself and any additional, Offer- specific terms advertising the Offer at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all Offers that we make available, unless a particular Offer’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an Offer’s fine print, the Offer’s fine print will control. Unless an Offer's specific terms and conditions state otherwise, any purchased Offer may not be returned for any reason.

All information that you provide in connection with a purchase of an Offer or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase of an Offer or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

8. Modification of this Agreement

We reserve the right to discontinue or amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use, provided that these changes will not apply to Offers purchased prior to the effective date of such changes. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

9. Copyright and Trademarks.

Everything located on or in the Site is the exclusive property of FanPrint or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF FanPrint IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of FanPrint or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

FanPrint is a trademark of FanPrint, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with FanPrint shall not be deemed to be in the public domain but rather the exclusive property of FanPrint, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of FanPrint unless otherwise stated.

FanPrint reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights or trademarks.

10. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER FANPRINT, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS, SERVICES, OR PRODUCTS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FanPrint HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability.

IN NO EVENT SHALL FANPRINT, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL FanPrint’S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

12. Arbitration.

We will make every reasonable effort to resolve any disagreements that you have with FanPrint. If those efforts fail, by using the Site you agree that any claim, dispute, or controversy you may have against FanPrint arising out of, relating to, or connected in any way with this Agreement the Site or the purchase or sale of any Offer(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and FanPrint; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or FanPrint’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FanPrint will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor FanPrint shall be entitled to arbitrate their dispute.

13. Websites of Others.

The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

14. Indemnification/Release.

You agree to defend, indemnify and hold harmless FanPrint, its subsidiaries, affiliates and their respective directors, officers, stockholders, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms of Use. To the extent permitted under applicable laws, you hereby release FanPrint, its subsidiaries, affiliates and their respective directors, officers, stockholders, employees and agents from any and all claims or liability related to any Offer.

15. Termination.

FanPrint may terminate these Terms of Use at any time. Without limiting the foregoing, FanPrint shall have the right to immediately terminate or suspend any of your passwords or accounts in the event FanPrint considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

16. Choice of Law.

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or FanPrint’s services shall be governed by the internal laws of the State of Texas, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

17. Additional Disclosures.

No waiver by either you or FanPrint of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

Correspondence should be directed to:

FanPrint, Inc.
2700 Fairmount St.
Dallas, Texas 75201
http://www.fanprint.com/contact-us

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of FanPrint, its subsidiaries, affiliates, partners and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

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