Terms of Service
Welcome to FanUp, a community for gamers and store for Digital Goods for online, mobile and social games and virtual worlds. This Agreement (this "Agreement") describes the terms and conditions for your use of the software and services provided by FanUp in connection with the community and store. By registering for or using FanUp, you agree to this Agreement. If you are an individual using the Services on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement
The most recent version of this Agreement was posted on March 20, 2011. It is effective for you: on March 20, 2011 if you are an existing user as of March 20, 2011; and, otherwise, upon your use or registration for the FanUp community.
Changes and Amendments: We may amend this Agreement from time to time. It is FanUp user’s responsibility to periodically check back for any changes. Your continued use of the Services after any changes shall constitute your acceptance of the amended Agreement.
FanUp, Inc. ("FanUp") provides a FanUp ("FanUp") through which users can buy and sell Digital Goods and access services related to FanUp (collectively, "Services", which include the service of providing FanUp). A "Digital Good" means a Virtual Good, Virtual Currency, ESN, Downloadable Game, or Video Content, as applicable, which FanUp has been authorized to sell on FanUp. "Virtual Goods" include characters, weapons, in-game currency, and other in-game items. A Virtual Good is a set of rights to electronic in-game items, as licensed by the publisher of the Virtual Good ("Publisher") and subject to the Publisher's user agreement. An "ESN" is one or more codes, serial numbers or passwords that allow a user certain rights and privileges, including game play, to a particular or series of games, virtual worlds or social networks. "Video Content" is any video a registered FanUp user ("Video Owner") posts for sale on FanUp.
FanUp does not create or own any Digital Goods, it merely provides a platform through which to buy or bid for them. Each Publisher gives FanUp the right to control transfers of Digital Goods for real-world money, pursuant to which FanUp provides instructions to Publishers to terminate a seller's rights in the transferred Digital Good and grants those rights to the applicable buyer.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable license to use FanUp and Services solely for your own personal, non-commercial purposes during the term of this Agreement. (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit FanUp or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of FanUp or Service; (c) you shall not access FanUp or Service in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of FanUp or Service may be copied, reproduced, distributed, republished, downloaded, displayed, performed, posted or transmitted in any form or by any means.
1. FanUp Obligations
FanUp's Services obligations related to the transfer of a Digital Good are limited to the following:
(1) FanUp's systems will as applicable (a) instruct the Publisher's systems to move the Virtual Good (in the state in which it exists at the time of the transfer) from the seller's inventory to the buyer's inventory in the Publisher's systems or (b) transfer the ESN to the buyer via email notification to the buyer’s then current registered email.
(2) FanUp will charge the buyer's credit card (or other payment method) the applicable amount.
(3) FanUp will retain its fee applicable to the transaction and pay the seller in accordance with the Fees policy described in Section 7.
FanUp will be recorded as the merchant of record with the credit card system for the sale of the Digital Good. If your transaction is with another user, you agree that your agreement to purchase or sell Digital Goods with another user is solely between you and that other user; FanUp is merely providing the means for the exchange to take place and the payment to be transferred.
2. Bucks or coins
FanUp may provide to you or otherwise allow you to acquire or buy FanBucks and FanCoins. "FanBucks", "FanCoins", or "bucks or coins,” “coins” are a digital limited license that are redeemable for certain Digital Goods (as determined by FanUp) within FanUp. If you obtain bucks or coins, you agree to the terms and conditions in this Agreement, as well as any additional terms which FanUp may provide when you acquire the bucks or coins. If you acquire bucks or coins, you may review how many bucks or coins you have by checking your bucks or coins balance within the administrative capabilities at FanUp.
You may obtain bucks or coins in a variety of ways, including, without limitation, by purchasing bucks or coins, earning bucks or coins through completing advertising offers, redeeming a bucks or coins coupon or by receiving bucks or coins for using the FanUp service. You can earn bucks or coins only for actions you actually complete. You may redeem bucks or coins by using them to purchase or bid for Digital Goods. You remain solely responsible for any tax consequences that may result from your receipt, purchase, acceptance, or control of bucks or coins.
You do not own bucks or coins, and bucks or coins are not your (or any other person's) personal property. Instead, when you obtain bucks or coins, you have only received a limited license to a digital product. Bucks or coins have no monetary value. Any bucks or coins in your Account will automatically terminate upon termination of this Agreement. At the sole discretion of FanUp, bucks or coins may also have an expiration date attached to them after which they will have no value. You may not obtain any cash or money in exchange for bucks or coins, regardless of how you acquired those bucks or coins. Besides collecting bucks or coins, the only other use for bucks or coins is to exchange bucks or coins for Digital Goods that FanUp offers for bucks or coins redemption. Due to local laws or regulations, FanUp may further restrict your bucks or coins redemption offers based on your state or country of residence. The expiration date or duration shall be set upon the time of the offer, but may be modified by FanUp at its sole discretion.
The Digital Goods that FanUp makes available to you for redemption of bucks or coins can change at any time, and FanUp has no obligation to continue making Digital Goods available for bucks or coins redemption.
FanUp may cancel, suspend or otherwise limit your access to your bucks or coins balance if we suspect you have acted in a fraudulent, abusive or unlawful manner with regard to your bucks or coins. Once bucks or coins are removed from a user's bucks or coins balance, FanUp will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your bucks or coins balance, your right to use your bucks or coins balance immediately ceases. In addition, we may, in our discretion, limit your use of bucks or coins, including applying limits to: the number of bucks or coins you may have credited to your bucks or coins balance at one time, the number of bucks or coins you may redeem within a given time period, and the number of promotional bucks or coins you may obtain in a single event.
If bucks or coins are credited to your balance for a transaction or activity that is subsequently voided, canceled or involves a returned item or deleted content, then FanUp will remove those bucks or coins from your balance. You are responsible for ensuring that we properly credit bucks or coins to your bucks or coins balance. If you believe that you have validly acquired bucks or coins that have not been credited to your bucks or coins balance, we will only consider posting those bucks or coins if you contact us within 6 months after the date you believe you have acquired those bucks or coins. We may require reasonable documentation to support your claim.
Bucks or coins granted by FanUp via promotion, rebate or for Account activity may have an expiration date associated. The expiration date or duration shall be set upon the time of the offer, but may be modified by FanUp at its sole discretion.
4. Account Eligibility and Registration
You may establish an account (your "Account"), and conduct transactions through, FanUp if you (i) are at least 13 years of age and (ii) provide FanUp with a valid email address and any other information which FanUp may request in connection with FanUp registration and transaction process. Additionally, in order to sell and receive payment through FanUp, you must provide FanUp with your valid payment account information.
You agree that you will conduct transactions through FanUp solely through Account(s) registered by you and that no other person or entity will have any claim or interest in any Digital Goods you buy or sell through FanUp.
You are not eligible to register for an Account or conduct any transaction through FanUp (other than for testing and evaluation purposes) if: (1) you are an employee or contractor (or a member of the immediate family of an employee or contractor) of FanUp or a Publisher that works with FanUp, or (2) you are using an "exempt" Account (e.g., an Account that is flagged as "no charge") for any Publisher game.
5. Account Security
Your password is the key to your Account. Use unique numbers, letters, and special characters. You are solely responsible for maintaining the security of your FanUp Account(s) and your payment processor accounts. You take full responsibility for all activities that take place through your Account(s). You will keep your password(s) confidential, and safeguard access to your Account(s). You shall not share your Account with anyone else, it is personal to you alone. If your password has been compromised for any reason, you should immediately notify FanUp and change your password.
6. User Content
User Content. "User Content" of an end user means any and all information and content that such end user submits to the website or Services (e.g., questions, tips, screenshots, strategy guides or content in the user’s profile or forum posts or comments). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. User Content may be viewed by third parties even if User Content is in a password protected area. You should not provide User Content that you want protected from others. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by FanUp. FanUp is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. We respect your ownership of User Content. As between you and FanUp, you retain all right, title, and interest you had in your User Content, subject to the licenses granted under this Agreement.
By submitting your User Content to the website or Services, you automatically grant, and you represent and warrant that you have the right to grant, to FanUp an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of (1) including your User Content (other than Video Content) in the website and Services and (2) enabling you to sell, and the applicable buyer to receive, your Video Content through FanUp. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You agree not to submit any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; (c) that is harmful to minors in any way; or (d) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
Storage and Bandwidth Limitations.
You agree not to upload User Content in excess of maximum storage and bandwidth limitations stated on the FanUp site.
Effects of Deletion.
If your User Content is shared with third parties, those third parties may have retained copies of your User Content. If we have made use of your User Content before you deleted it, our license to your User Content will continue after such deletion, otherwise we will cease using your User Content within a reasonable period of time; provided that User Content may still exist in our backup servers. Terminating your Account will not automatically delete your User Content.
7. FanUp Policies
All policies and rules posted by FanUp in FanUp ("Policies") are hereby incorporated into this Agreement. You agree to all such Policies, including without limitation the following:
Fees to Buyers.
As a buyer of a Digital Good on FanUp, you promise that you will pay the applicable amounts for the Digital Good. You will not to deny or decline any such charge. FanUp will automatically bill your credit card (or other payment method) submitted in ordering the Digital Good on or around the date of the order. You hereby authorize FanUp (including through FanUp’s third party payment processing service provider) to bill your credit card (or other payment method) as described above. You must have space in your game Account to receive that Digital Good. If you do not have room for your newly bought Digital Good, you will need to make room to receive it.Privacy.
FanUp's highest priority is to keep FanUp operational, enabling you to access FanUp at all times. In cases where FanUp experiences an outage or is temporarily unavailable, FanUp will endeavor to restore service as soon as possible. FanUp will attempt to restore all buyers' and sellers' place in FanUp, however, FanUp will not be responsible for lost activity during the service outage, including, but not limited to, lost offers, expired items, and failure to sell.
As a Buyer, you agree that there will be no refunds or returns, except in exceptional circumstances as determined in FanUp's sole discretion. As a Seller you agree that you will accept returns of the Digital Goods and refund the payment to FanUp at the sole discretion of FanUp.
You promise that (i) you will comply with all provisions of this Agreement, (ii) you will not use or manipulate FanUp for any fraudulent activity or purpose, (iii) neither you nor anyone acting on your behalf will engage in any manipulative transaction practices (including, but not limited to, so-called "shill" transactions, (iv) you will not interfere with any other user's listing or transaction, (v) you will not use FanUp in violation of any law, regulation or ordinance, (vi) you will not use an invalid or unauthorized credit card, or other payment account (vii) you will not use someone else's Account in connection with FanUp, (viii) you will not buy or sell any Digital Goods for real money or any other real world consideration outside of FanUp, or attempt to circumvent paying the FanUp fees, (ix) you will not trade, or attempt to trade, any Digital Goods or ESN that the Publisher has designated as non-transferable, and (xi) you will not engage in any fraud or misrepresentation. FanUp may reject, refuse, or remove any User Content at any time, for any reason or for no reason, and without any notice to you or any other person. FanUp reserves the right to cancel any rewards associated with the deleted content.
Sweepstakes, contests, and promotions on FanUp may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements
Except as expressly provided in Section 4, you may not reproduce, distribute, translate, rent, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on any software related to the Services, or remove any proprietary notices or labels on any software related to the Services. You will not host, provide or develop matchmaking services for the Services or intercept, emulate or redirect the communication protocols used by FanUp in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network services over the Internet. You will not facilitate, create or maintain any unauthorized connection to the Services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, whether created by other tools and utilities, may only be made through methods and means expressly approved by FanUp. Under no circumstances may you connect, or create tools that allow you or others to connect, to the FanUp's proprietary interface other than those expressly provided by FanUp for public use.
Information available through FanUp.
Although you may keep track of the transactions in which you have been involved, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: (i) FanUp transaction-related purposes that are not unsolicited commercial messages; (ii) using services offered through FanUp, or (iii) other purposes that a user expressly chooses.
You are not licensed to add other FanUp users, even a user who has completed a transaction with you, to your mail list (email or physical mail) without their express consent. To report spam or spoof emails to FanUp, please forward the email to support@FanUp.com. You may not use our communication tools to send spam or otherwise send content that would violate this Agreement.
9. Interference With FanUp
You agree that you will not (i) use any automated method of accessing, searching or placing offers on FanUp, or completing advertising offers or redeeming coupons or other promotional offers, (ii) take any action that imposes or may impose an unreasonable load on FanUp or its infrastructure, (iii) take any action that interferes or attempts to interfere in any manner whatsoever with the operation of FanUp, (iv) attempt to bypass methods FanUp may use to prevent or restrict access to FanUp, (v) attempt to access the Services or FanUp's systems beyond the express authorization granted by FanUp, or (vi) upload any computer viruses, worms, or any software intended to damage or alter a computer system or data.
Excluding User Content, all title, ownership rights and intellectual property rights in and to the Services, including the software related to the Services, and all copies thereof (including without limitation any titles, computer code, themes, objects, concepts, artwork, designs, animations, sounds, musical compositions and recordings, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned or licensed by FanUp. Such items are protected by the copyright laws of the United States, international treaties and conventions, and other laws. Such items may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. FanUp and its suppliers reserve all rights not granted in this Agreement.
FanUp reserves the right, at any time, to modify, suspend, or discontinue the website or Services or any part thereof with or without notice. You agree that FanUp will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or Services or any part thereof.
Copyright © 2011, FanUp. All rights reserved. All trademarks, logos and service marks displayed on the website are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.
11. User Breach For any claim
You agree that if you do not comply with any of the provisions of this Agreement or if your User Content violates, harms, or threatens the safely of any other person or creates liability of us, FanUp can take any action which it believes is appropriate, including but not limited to removing or modifying your User Content, suspending or terminating your access to and participation in FanUp, suspending or terminating your Account entirely, reporting your conduct to other users, to any Publishers FanUp works with, and/or to law enforcement authorities. We reserve the right (but have no obligation under this Agreement) to review any User Content. You hereby consent to FanUp monitoring any activity on FanUp, and investigating any suspected breach of this Agreement, and reporting your conduct to other users, to any Publishers FanUp works with, and/or to law enforcement authorities. In case of fraudulent activity occurring FanUp will hold the seller to account, the sellers of any stolen/hacked/sold item will receive a invoice or FanUp will hold back their payments and refund. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including your FanUp Account username and password, IP address and traffic information, usage history, and your User Content.
12. Warranty Disclaimer.
The website and Services (including FanUp) are provided “AS-IS” and as available and FanUp (and its suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. FanUp (and its suppliers) make no warranty that the website or Services (including FanUp): (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. Limitation of Liability
In no event shall FanUp, its licensor(s) and each of our and their respective officers, directors, employees and agents, be liable to you or to any third party:
(a) for any lost profits or special, incidental, indirect or consequential damages (however arising, including negligence) arising out of or related to the website, FanUp, Services, your Account, or this Agreement, to the extent permitted by applicable law, even if we have been advised of the possibility of such damages or loss;
(b) for any misrepresentation or fraud of any seller with respect to Digital Goods transferred on FanUp;
(c) for any loss or damages caused to any Digital Goods as a result of any action or omission of the applicable Publisher or
(d) in excess of the greater of (i) $100 and (ii) the amounts paid by you to FanUp in the twelve (12) months prior to any claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
14. Governing Law
This Agreement shall be governed in all respects by the laws of the state of California in the United States of America, without giving effect to any principles that may provide for the application of the law of another jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
15. Disputes between You and FanUp
If a dispute arises between you and FanUp our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FanUp agree that we will resolve any claim or controversy, at law or equity, that arises out of or relates to this Agreement or our Services (a "claim") in accordance with this section. This Section (Resolution of Disputes) shall not apply to the extent prohibited by applicable law.
Subject to the next paragraph, the parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the City and County of San Francisco, California, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount sought is less than $10,000, the party requesting relief must elect to resolve the claim in a cost effective manner through binding, non-appearance based arbitration. The arbitration must comply with the following rules: (1) the arbitration shall be conducted by telephone and/or be solely based on written submissions; (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless mutually agreed by the parties; (3) any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction
FanUp will pay for your arbitration fees to the extent those fees exceed the fees that would otherwise be incurred by you for a complaint filed in court.
All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, FanUp may recover attorneys' fees and costs up to $1,000, provided that FanUp has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should FanUp file a claim contrary to this Section, you may recover attorneys' fees and costs up to $1,000, provided that you have notified FanUp in writing of the improperly filed claim, and FanUp fails to promptly withdraw the claim. The remedies in this paragraph will not limit any other remedies that either party may have in law or in equity.
16. Disputes between You and other Users
Third Party Websites. This website might contain links to third party websites ("Third Party Sites"). Such Third Party Sites are not under the control of FanUp and FanUp is not responsible for any Third Party Sites. FanUp provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Assistance with Disputes.
FanUp may, in its discretion and on a case by case basis, offer to assist users to resolve their disputes. However, you agree that FanUp will have no obligation to do so, and will not be liable to you for any action it takes to help resolve any dispute.
Indemnity of FanUp.
You agree to defend, hold harmless, and indemnify FanUp, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any damage, loss, liability, cost, or expense resulting from or relating to any claim by another user related to any action of omission by you.
As a condition of access to the Service, you release FanUp (and FanUp's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute (or resolution thereof) you have or claim to have with one or more users of the Services, Publishers, Video Owners, and/or Third Party Site providers. If you are a California resident, you waive California Civil Code §1542, in connection with the foregoing, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17. Term and Terminationan
This Agreement is effective until terminated. You may terminate this Account at any time upon notice to FanUp, in which case, FanUp will use reasonable efforts to terminate your Account within 24 hours. FanUp has the right, at any time for any reason or no reason to suspend your Account or terminate this Agreement without liability to you. If your Account is suspended or terminated for your breach of this Agreement (including delinquent payment), FanUp may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts.
Upon any termination of this Agreement Sections 12-20 will survive.
Comply with Laws:
You agree to comply with all applicable laws. The software for the Service is subject to applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to such software and its use. FanUp makes no representation that any aspect of the Service is appropriate or available for use in your jurisdiction.
FanUp's failure to act with respect to a breach by you or others does not waive FanUp's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by FanUp under this Agreement shall be deemed effective unless delivered in a writing signed by a duly authorized officer of FanUp. All or any of FanUp's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Services in a merger, acquisition or sale of all or substantially all of FanUp's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of FanUp, and any attempt to do so is void.
The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
FanUp may give legal notice to you by means of a general notice on FanUp, electronic mail to your e-mail address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you or required under this Agreement shall be mailed to: FanUp, Belmont, CA.
This Agreement (including all incorporated documents and policies) sets forth the entire understanding and agreement between you and FanUp with respect to the subject matter hereof.
The Services are controlled and operated by FanUp from its offices at, Belmont, CA, United States of America. 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. Parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. There are no third party beneficiaries (including other users) under this Agreement.
The Services are provided on an "as-is" and as available basis. FanUp expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or noninfringement.
19. Email Communication
Digital Millennium Copyright Act
1.We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you are a copyright owner or an agent thereof and believe that any User Content or other content on this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail
• • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all notifications of claimed infringement to FanUp, Belmont, CA, email: support@FanUp.com. For clarity, any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through support@FanUp.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
2. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to us:
• • Your physical or electronic signature
• • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
• • Your name, address, telephone number, and e-mail address; and
• • A statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.