IF YOU DO NOT CONSENT TO OR AGREE TO BE BOUND BY ANY PART, PORTION OR WHOLE OF THIS AGREEMENT, YOU ARE EXCLUSIVELY PROHIBITED FROM ACCESSING OR USING iFANDOM’S SERVICES.
Your continued use of the Services after any modification, update, amendment or replacement of the terms of this Agreement, constitutes your agreement to the replacement, amendment or modification version.
“Content” refers to every content on the iFandom’s Services, including, but without limitation to, software, scripts, the text, photos, graphics, music, pictures, interactive features, mobile applications, sounds, medias and any other types of content. Excluding User Content, which is explained below.
“User” means a visitor or registered member of the iFandom Services, an iFandom’s Services profile/account holder or a user or member of the iFandom’s Services.
“User Content” refers to every content including but not limited to images, graphics, audio, photographs, video files, information, sounds, text, files, works of authorship, applications, links, musical works, and other communications, materials or content, (also with any text associated with the content) posted, submitted by Users and Members.
TERMS AND CONDITIONS
iFandom may allow Users/Members to transmit, transfer or upload content to or through the Services, including, but not limited to, User Content or Comments. When you submit, User Content to the Services, you grant iFandom an irrevocable, non-exclusive, global, and continuous license to use your User Content for the intended and customary purposes of the Services. Some of the purposes may include providing you or third-parties you are representing with the Services you requested, archiving or backing up the Services information, and transferring or selling the Services to a third party. While submitting User Content to the Services, you consent and agree to waive all moral rights in or to your User Content across the world, whether you asserted moral rights to it or not. You also consent and agree to waive all privacy and publicity rights to or of your User Content.
2. THIRD – PARTY LINKS AND ADVERTISEMENT
iFandom will not be responsible or liable for any User Content and Engagement, third-party content, services, syndicated content, advertisements, or/and links that may be found on the Services. The Website and other Services may contain links to third-party websites or services that are not owned or managed by iFandom. Therefore, iFandom will assume no responsibility or liability for, the content, medias, products, services, privacy policies and practices, terms and conditions of use, or other data practices of any linked third party websites. By accessing or using any of iFandom Services, you exclusively hold iFandom and its affiliates harmless from any and all responsibility, charges or liability arising in connection with the access or use of any third-party website. You use and access third – party website at your own risk.
3. ACCESS TO THE SERVICE(S)
iFandom forbids crawling, caching, scraping or otherwise accessing any Content or User Content on the iFandom Service through BOT or automated means unless it’s resulting from standard technologies or search engine protocols used by a search engine with iFandom’s exclusive consent.
You are mainly responsible and answerable for your interactions and dealings with other Users of the iFandom’s Services, whether offline or online. You agree that iFandom is not liable or responsible for the conduct of any User/Member. iFandom reserves the right, but not obligated, to become involved in or monitor disputes between you and any iFandom User.
Furthermore, there might be occasions when the iFandom’s Services may be interrupted, including, but not limited to, during scheduled upgrades or maintenance, for emergency fault repairs, or due to the failure of telecommunications links or/and gears.
iFandom have the right to remove or delete any Content or/and User Content from the iFandom Services for any reason at our discretion, without prior notice. Any content removed from the iFandom Services may still remain in iFandom’s database for some time including, but not limited to compliance with certain legal obligations reasons, but may not be assessable without a binding court order. However, iFandom will not serve as a backup service and you consent and agree that you will not depend on the iFandom Services for the purposes of storage or content backup. iFandom will not be responsible and liable to you for any suspension, modification, the loss of any Content or User Content or discontinuation of the iFandom’s Services. You also acknowledge that there might be breaches of security through the internet and that the submission of User Content and other data may not be completely secure.
4. ACCOUNT CREATION
You will have to create/register/open an account on the iFandom’s Services in order to access some features of the Services. You may never use another User’s/Member’s account without authorization, permission, nor collect, solicit, or use the login credentials of other Users. When registering your account, you must provide complete and accurate information. You are solely responsible for keeping your password and other login details safe and you are responsible and liable for any activity that occurs through your account. Although iFandom will not be responsible for your losses caused by any unauthorized/unapproved access or use of your account, you may be responsible for the losses of iFandom or others through such unauthorized access or use. If noticed any breach of security or unauthorized access or use of your password or login information of your account, you must promptly notify iFandom immediately at email@example.com
You agree not to transfer, sell, assign or license your username, account or any other account rights. iFandom forbids the creation of, and you accept that you will not create or register an account for anyone or third – party.
You also consent and agree to update all your provided information during registration as necessary to maintain its completeness, truth, and accuracy.
5. ACCEPTABLE USE
You agree and consent that you have the legal right and ability to enter into this Agreement in line with appropriate laws in your jurisdiction.
You must not access or use the iFandom Services for any unauthorized or illegal purpose. You agree to comply and abide by all rules, regulations, and laws (Such as provincial, local, state and federal laws) applicable to your access and use of the iFandom Services and your User Contents, including, without limitation to, export and copyright laws.
You must not post obscene, threatening, abusive, defamatory, libelous, harassing, violent, nude, partially nude, offensive, unlawful, infringing, hateful, pornographic discriminatory, or sexually suggestive User Content through the iFandom Services, or any content that encourages or promotes conduct and act that would be termed as a criminal offense, violate or abuse any law, give rise to civil liability, or inappropriate. You must not post spam, stalk, bully, abuse, defame, threaten, harass, intimidate or impersonate people or any entity. You must not deliberately make misleading or false statements.
You must not post confidential, private or sensitive information, or information that is otherwise in breach of the law or any regulations through the iFandom’s Services, including, but not limited to, your or any other person’s credit card details, non-public email addresses or non- public phone numbers. You must not submit, transfer or share any material or content that is protected by trade secret, copyrighted or otherwise subject to any third – party proprietary rights, including publicity and privacy rights, unless you are permitted by their rightful owner to post such content and also grant us all the license rights or you are the rightful owner of such rights.
You must not distribute, transfer, share or send in any medium any part or all of the iFandom Services’ content without prior written permission from iFandom. You consent and agree not to disable, circumvent or otherwise hinder the security features of the iFandom Services or features that restrict or prevent the access use or copying of any Content or bring limitations to the access and use of the iFandom Services or any Content therein.
You must not post any content or engage in any activity that disrupts or interferes with the iFandom Services, or the networks and servers which are connected to the iFandom Services. You should not transmit or share any viruses, worms, malware spyware, or any other code or language of a disruptive or destructive nature. You may not input code or content or language that can interfere or alter the way any portion all whole of the iFandom Services that is displayed or rendered on a User’s device or browser.
All your engagement must be relevant and focused on the topic of the particular item of open for submissions or comments.
You must not alter, modify or change any part or portion of the iFandom Services for any reason whatsoever.
You accept and agree not to launch or use any type of automated or BOT system, such as spiders, robots, or offline readers to access or attempt to access any of the iFandom Services, including but not limited to Content and User content, by any means aside through the interfaces that are offered by iFandom.
You consent and agree not to directly or indirectly use the iFandom Services for any commercial or advertisement purpose or use, without a prior written authorization and permission of iFandom. You may access User Content only for your personal use, information and non-commercial, or as only as intended through the general functionality of the iFandom’s Services. iFandom permits you to link to materials and contents on the iFandom Services only for personal and non-commercial purposes. Furthermore, iFandom offers an “Embeddable Player” component, which you may embed into your own personal, non- commercial websites or blogs for the use of accessing the contents of the iFandom’s Services, if you include a displayed link back to iFandom’s Service on any pages or part containing the Embeddable Player.
You must not gather or collect any user’s personal information from the iFandom Services. You must not offer to buy or sell any service or product from the Services, and you must not post any commercial, solicitations or advertisements of any business.
All Content and iFandom’s intellectual property, including, without limitation to, the iFandom logos, trademarks and trade names on the iFandom Services, except all User’s Content, are owned and licensed to iFandom, and are subject to copyright, publicity, and other intellectual property rights law under the United States and other foreign laws and international regulations. If you print or download a copy of the Content or/and User Content for personal use, you must maintain and keep all copyright and other proprietary notices confined therein. You consent and agree that iFandom holds no responsibility or liability for content posted through the service, including, without limitation to, User Content. iFandom is not obligated to monitor, check or edit any content posted through iFandom, including, without limitation to User Content. You will solely bear all legal responsibility if your share, posted or transferred content violates this Agreement.
We reserve the right to discontinue, stop, or remove any aspect, part or portion of the iFandom Services, either generally or specifically to you without prior notification.
We may terminate, remove or delete a User’s access to and use of the iFandom Services at any time, for whatsoever reason. If iFandom believes that you have violated or abuse any provision or part of this Agreement, iFandom may also use any other available legal solution. Furthermore, iFandom reserves the right to deny, or refuse access to or use the iFandom Services to anyone for whatsoever reason at any time.
In addition to the general limitations above, the following conditions and restrictions will also specifically apply to your User Contents like Comments and Posts:
You may be permitted to post and review Comments and posts on the iFandom Services. Your Comments must adhere to and comply with this Agreement, any additional applicable terms and conditions for the mobile application marketplace or store where you have downloaded or copy such iFandom Services, and, to the extent applicable by local, province, state or national laws. If a comment is made through your account/profile, it will be regarded as been posted by you. iFandom will not accept responsibility or liability for User contents and other media or information posted on the comments section. If iFandom receives notice that any User Contents are not in compliance with this Agreement or the permitted or intended use of the User Content, iFandom may remove or delete such User Content. Furthermore, engaging in such conduct may result in your account or profile been banned, suspended or removed from the iFandom Services.
Comments are made accessible to you mainly for your personal use and information as intended and allowed through the general functionality of the iFandom Services. Therefore, Comments are made available on an AS – IS basis and may not be copied, reproduced, used, sold, licensed, displayed, transmitted, broadcast, or exploited in any way that is not intended or allowed by the normal functionality of the iFandom Services or as exclusively approved under this Agreement.
CONTENTS AND USER COMMENTS
In addition to the above-listed terms, the following conditions and restrictions also apply to your Submitted Contents. You represent, affirm or/and warrant that:
You are the owner of the contents or have the appropriate rights, consents, permissions and licenses to use and permit us to use all trademark, copyright, trade secret, patent or other proprietary rights to any and all Submitted Contents to enable use and inclusion of such Submitted Contents in a way permitted by the iFandom Services and this Agreement.
We may now or at any time allow Submitted Content and the sharing, hosting, or/and publishing of such Submitted Content. You consent and understand that whether such contents are published or not, iFandom does not guarantee or assure any confidentiality with in regards to any contents
You furthermore represent, warrant and affirm that the posting, submitting, transferring, sharing or use of your User Content on or through the iFandom Services does not abuse, misappropriate, violate or infringe on the rights and privilege of any third party, including, but not only, publicity rights, copyrights, privacy rights, trademark, tradename or/and other intellectual property rights.
You consent and agree to pay for all fees, royalties, and any other charges owed or levied against you in connection with your User Content posted on or via the iFandom Services.
iFandom does not endorse or approve any User Comment or any opinion, advice or recommendation expressed therein, and iFandom exclusively disclaims and disown any and all liability or charges in connection with User Content and Comments. iFandom reserve the right to remove any Content and User Comment if properly and promptly notified that such Content or User Comment infringes on any intellectual property rights.
iFandom may, but not obligated to, edit, remove, block, and/or monitor User Engagement or profiles/accounts containing User Contents that iFandom termed in its sole discretion to abuse or violates this Agreement. iFandom will also terminate any User’s access to and use of the iFandom Services if they are deemed to be a repeat infringer. A User is termed to be a repeat infringer if such user has been notified of infringing act more than twice or/and has had User Content removed from the iFandom Services more than twice.
iFandom reserves the right to decide in its sole discretion if Content or User Comment is appropriate and conforms with this Agreement for violations and also with copyright infringement and violations of intellectual property law. Also, iFandom may, at any time, in its sole discretion and without prior notice remove such User Content or/and terminate a User’s access and use for submitting, posting or transferring such material in violation or abuse of this Agreement.
You consent and understand that when accessing and using the iFandom Services, you will be exposed to User Content from various sources. iFandom is not responsible or liable for the usefulness, completeness, safety, accuracy or intellectual property rights of or relating to such User Content. You consent, acknowledge, and agree that iFandom cannot and will not be responsible or liable for the User Content posted on the iFandom Services and that you are using the iFandom Services solely at your own risk. You further represent and warrant that you may be exposed to User Content that is offensive, indecent, incomplete, inaccurate or offensive, and you accept and agree to waive, and hereby do waive, any equitable or legal rights or charges you have or may have towards iFandom with respect to the fullest extent allowed by law.
6. COPYRIGHT POLICY
If you believe there is a case of Copyright Infringement and you are a copyright owner or an agent and believe that any User Content or any other content infringes upon your copyrights, you can submit or send a notification pursuant by sending iFandom’s Copyright Agent the following details in writing:
i. A physical signature or electronic of a person approved to act on behalf of the rightful owner of the copyright that is allegedly/supposedly infringed;
ii. Proof of identity of the copyrighted work claimed to have been infringed on, or, if there are many/multiple copyrighted works at a single online website that are covered by a single notification, there should be a representative list of such works at that website;
iii. Identification of the content or material that is allegedly infringing and that is to be deleted, removed/deleted or access to which is to be restricted and information practically needed to allow the service provider to locate and access the material;
iv. Information sufficient enough to allow the service provider to contact you, like address, email address, and, a telephone number;
v. A brief statement that you have good faith that use of the content or material in the manner reported is not approved by the copyright owner, the law or its agent; and
vi. A detailed statement that the details of the notification are correct, accurate and under penalty of perjury, that you have the authority or right to act on behalf of the owner of the exclusive right that is claimed to be infringed. iFandom’s Copyright Agent to receive notifications of claimed infringement is 83 Wayne Avenue, RIVER EDGE, NJ 07661 United States of America. You consent and acknowledge that your notice may be invalid if you fail to comply with some or all the requirements of this Section.
How to Submit a Counter-Notice
If you believe that your submitted User Content that was removed or deleted (or to which access was denied) is not infringing, or that you have the approval or authorization from the copyright owner, pursuant to the law, or agent to post, share, transfer or use the material as your User Content, you may send a counter-notice with the following information to iFandom’s Copyright Agent:
i. Your signature either physical or electronic;
ii. Means to identify the material or content that was removed or to which access has been deactivated and the location on the Service at which the material was before it was disabled or removed;
iii. A statement like stating that under penalty of perjury, you have a good faith belief that the content or material was disabled or removed by misidentification or mistake; and
iv. Your name, telephone number, e-mail address and address, a statement that you acknowledge to the authority the Federal District Court for the juridical region in which the User is situated, for any judicial district in which iFandom is, and a statement explaining that you will accept service of process from anyone who provides the original DMCA notification of the claimed infringement or an agent of the person.
If iFandom’s Copyright Agent received a counter-notice, iFandom might send a copy of such counter- notice to the original complaining party notifying that person that it may substitute the removed User Content or terminate disabling it in ten (10) business days. Only if the copyright owner files an action requesting a court order against the User who provided the User content, the removed User Content may be replaced, restored or made available in Ten (10) to Fourteen (14) business days or more after the reception of the counter-notice, at iFandom’s sole discretion.
7. WARRANTIES DISCLAIMER
YOU EXCLUSIVELY CONSENT AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPROPRIATE LAW:
i. YOUR USE OF THE iFandom SERVICES IS SOLELY AT YOUR OWN RISK. THE iFandom SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WEBSITES, APPS, CONTENT, USER CONTENTS, MATERIALS, INFORMATION, SOFTWARE, FACILITIES ANY SERVICES OR PRODUCTS AVAILABLE ON THE iFandom SERVICES THEREIN IS PROVIDED ON AN “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWABLE PURSUANT TO APPLICABLE LAW, iFandom DISCLAIMS AND DISOWN ALL WARRANTIES, IMPLIED OR EXPRESS, AS WELL AS, WITHOUT LIMITATION TO, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. iFandom AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS EMPLOYEES, AGENTS, SISTER ENTITIES, AND PARTNERS (COLLECTIVELY REFERRED TO AS, the “iFandom PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE iFandom SERVICES WILL MEET YOUR EXACT REQUIREMENTS; YOUR USE OF THE iFandom SERVICES WILL BE TIMELY, SECURE, ERROR-FREE AND UNINTERRUPTED; THE iFandom SERVICES OR THE SERVER WILL BE FREE FROM ANY HARMFUL COMPONENTS, LIKE, BUT NOT LIMITED TO, VIRUSES AND WORM PROGRAMS; THE RESULTS YOU MAY GET FROM USING THE iFandom SERVICES WILL BE RELIABLE, COMPLETE OR ACCURATE; THE QUALITY OF ANY INFORMATION OR SERVICES YOU WILL BE GETTING THROUGH THE iFandom SERVICES WILL MEET YOUR PARTICULAR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE OR EQUIPMENT WILL BE CORRECTED.
ii. iFandom DOES NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, USER ENGAGEMENT, SERVICES OR PRODUCTS ADVERTISED OR OFFERED BY A THIRD – PARTY THROUGH THE iFandom SERVICES OR FEATURED IN ANY AD, BANNER OR OTHER ADVERTISING MEANS, AND SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY TO ANY PERSON/ENTITY FOR ANY DAMAGE, LOSS (WHETHER CONSEQUENTIAL, PUNITIVE, ACTUAL OR OTHERWISE), INJURY, LIABILITY, CLAIM OR OTHER CAUSE WHATSOEVER OR CHARACTER IN CONNECTION WITH THE FOREGOING.
iii. iFandom DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE iFandom SERVICES IS LEGAL IN ANY PARTICULAR AREA OR JURISDICTION, AND iFandom SPECIFICALLY DISCLAIMS AND DISOWN SUCH WARRANTIES. BY USING OR ACCESSING THE iFandom SERVICES, YOU WARRANT AND REPRESENT THAT YOUR ACTIVITIES ARE LEGAL IN EVERY JURISDICTION AND REGION WHERE YOU USE OR ACCESS THE iFandom SERVICES
8. LIABILITY LIMITATION
i. TO THE EXTENT NOT FORBIDDEN BY LAW, IN NO SITUATION SHALL THE iFandom PARTIES BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, FOR ANY INDIRECT, INCIDENTAL, DIRECT, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER) THAT ARE DIRECTLY OR INDIRECTLY CONNECTED TO THE iFandom SERVICES; USER ENGAGEMENT; YOUR ACCESS OR USE OF, INABILITY TO USE, THE PERFORMANCE OF THE iFandom SERVICES; THE CONTENT; ANY ACTION TAKEN IN IN REGARDS TO INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR THE iFandom PARTIES IN CONNECTION WITH YOUR OR ANY OTHER PARTY’S ACCESS AND USE OF THE iFandom SERVICES; ANY ACTION TAKEN IN REGARDS TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; ANY OMISSIONS OR ERRORS IN THE OPERATION AND RUNNING OF THE iFandom SERVICES; OR; ANY DAMAGE OR FAULT TO ANY USER’S MOBILE DEVICE, COMPUTER, OR OTHER TECHNOLOGY OR EQUIPMENT INCLUDING, BUT NOT ONLY, DAMAGE OR FAULT FROM ANY SECURITY BREACH OR FROM ANY WORM PROGRAMS, BUGS, VIRUS, FRAUD, ERROR, OMISSION, TAMPERING, DEFECT, DELAY, INTERRUPTION, IN TRANSMISSION OR OPERATION, NETWORK FAILURE, COMPUTER LINE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, AS WELL AS, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF DATA, OR COMPUTER MALFUNCTION OR FAILURE, EVEN IF PREDICTABLE OR EVEN IF THE iFandom PARTIES HAVE BEEN WARNED OR ADVISED OF OR SHOULD HAVE IDENTIFIED THE LIKELIHOOD OF SUCH DAMAGES, WHETHER IN NEGLIGENCE, AN ACTION OF CONTRACT, TORT OR STRICT LIABILITY (INCLUDING, BUT NOT LIMITED TO, WHETHER CAUSED IN PART OR IN WHOLE BY ACTS OF GOD, NEGLIGENCE, THEFT OR TELECOMMUNICATIONS FAILURE OR DESTRUCTION OF THE SERVICE). IN NO SITUATION, WILL THE iFandom PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INCLUDING, INJURY OR DAMAGE, NOT LIMITED TO, PERSONAL INJURY OR DEATH. THE PRECEDING LIABILITY LIMITATION SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW IN THE COMPETENT JURISDICTION.
ii. FURTHERMORE, EACH PORTION OF THIS AGREEMENT THAT LEADS TO A LIABILITY LIMITATION, WARRANTIES DISCLAIMER, OR DAMAGES EXCLUSION IS TO ALLOCATE THE RISKS WITHIN THIS AGREEMENT BETWEEN INVOLVED PARTIES. THIS ALLOCATION IS AN IMPORTANT ELEMENT OF THE FOUNDATION OF THE BARGAIN BETWEEN INVOLVED PARTIES. ALL THE PROVISIONS ARE INDEPENDENT AND SEVERABLE OF ALL OTHER PORTION OF THIS AGREEMENT. THE LIMITATIONS IN THIS PART WILL APPLY EVEN IF ANY LIMITED SOLUTION FAILS OF ITS IMPORTANT PURPOSE.
iii. ALSO, YOU CONSENT AND AGREE THAT IF YOU INCUR ANY LOSSES, INJURIES OR DAMAGES, FROM iFandom’S OMISSIONS OR ACTS, THE DAMAGES, IF ANY, CHARGED TO YOU ARE NOT SUFFICIENT OR IRREPARABLE TO ENTITLE YOU TO A RULING PREVENTING ANY MISUSE OF ANY WEBSITE, SERVICE, PRODUCT, PROPERTY, OR OTHER CONTENT OR MATERIAL CONTROLLED OR OWNED BY THE iFandom PARTIES, AND YOU WILL HAVE NO RIGHTS WHATSOEVER TO RESTRAIN OR ENJOIN THE PRODUCTION, DEVELOPMENT, DISTRIBUTION, ADVERTISING, EXPLOITATION OR EXHIBITION OF ANY WEBSITE, PRODUCT, SERVICE, PROPERTY, OR OTHER MATERIALS OR CONTENT CONTROLLED OR OWNED BY THE iFandom PARTIES.
iv. iFandom IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, CONDUCTS, ACTIONS, DATA OR INFORMATION OF THIRD PARTIES, AND YOU HOLD HARMLESS; OUR DIRECTORS, EMPLOYEES, AGENTS AND OFFICERS FROM ANY DAMAGES OR CLAIMS, IDENTIFIED AND UNIDENTIFIED, RESULTING FROM OR CONNECTED WITH ANY CLAIM OR CHARGES YOU LEVIED AGAINST ANY SUCH THIRD PARTIES.
You consent and agree to indemnify, defend and hold harmless the iFandom Parties against and from any and all claims, losses, damages, obligations, costs or debt, liabilities, and expenses (including, without limitation to, attorney’s fees) of any type connected with or arising out of your User Content or your access and use of the iFandom Services; your breach or acclaimed breach of this Agreement; your abuse, violation or alleged abuse or violation of any third party right, including but not limited to any intellectual property right, confidentiality, property, publicity or privacy right; your violation or suspected violation of any rules, regulations, laws, statutes, ordinances orders or codes; any claim that your User Content caused damage or loss to a third party; or any misrepresentation or falsification made by you. You agree and consent to cooperate as fully needed by iFandom in defense of any claim or charges. This indemnification and defense obligation will uphold this Agreement and your access and use of iFandom Services.
This Agreement and any licenses and rights granted herein may not be assigned or transferred by you, however, may be assigned by iFandom without limitation.
IF ANY PART OR PROVISION OF THIS AGREEMENT IS CONSIDERED INVALID OR INAPPLICABLE BY A COURT OF COMPETENT JURISDICTION, THE INAPPLICABILITY OR INVALIDITY OF SUCH PROVISION OR PART SHALL NOT AFFECT THE VALIDITY OR APPLICABILITY OF THE REMAINING PROVISIONS AND PARTS OF THIS AGREEMENT, WHICH SHALL REMAIN EFFECTIVE AND IN FULL FORCE.
FURTHERMORE, NO WAIVER OF ANY TERM OF THIS AGREEMENT SHALL BE TERMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM, AND IFANDOM’S FAILURE TO ASSERT ANY PROVISION OR RIGHT UNDER THIS AGREEMENT SHALL NOT CONSTITUTE/REPRESENT A WAIVER OF SUCH PROVISION OR RIGHT.
YOU AND IFANDOM CONSENT AND AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF THE IFANDOM SERVICES MUST TAKE PLACE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ENSUES. OR ELSE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
12. GOVERNING LAW
THIS AGREEMENT AND ANY ISSUE REGARDING THE USE OF THESE SERVICES WILL BE SUBJECT EXCLUSIVELY TO THE APPLICABLE LAWS, REGULATIONS, CODES, AND RULES OF A COURT OF COMPETENT JURISDICTION WHERE IFANDOM PROVIDES ITS SERVICES.
13. OUR RIGHT TO CHANGE OR UPDATE THIS AGREEMENT
iFandom reserves the right to amend, change or modify this Agreement at any time and without prior notice. Hence, it is your responsibility to check and review this Agreement occasionally for any changes. Your use of the iFandom Services after any amendment, change or update of this Agreement will represent your consent to and acceptance of the updated terms.
For any comment, inquiries or feedback about this agreement, kindly contact us at the following addresses:
83 Wayne Avenue,
RIVER EDGE, NJ 07661