ACCEPTABLE USE POLICY FOR FANSMEETIDOLS.COM (Last Updated: January 26, 2022)
Welcome to FansMeetIdols.com (the "Website"), a web site accessible free of charge to the general public with Internet access. The Website and its contents relate to and facilitate the sale by “Idols” and the purchase by “Fans” of certain services and products (collectively referred to as the "Services" offered by/through the Website). The Website is owned and administered by Fans Meet Idols, LLC (“FMI”).
By accessing and using the Website, or otherwise availing Yourself of the Services and information offered through the Website, you (“You” or "User") agree to be bound by this Acceptable Use Policy (“AUP”) in effect at the time of each such access or other use of the Website.
You also acknowledge that FMI may, from time to time, in its sole discretion and without notification to You, modify these is AUP. It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Website. If You do not so agree, You are not authorized to access or use the Website in any manner, and You must exit the Website immediately.
A. Accessibility And Availability
In order to access the Website, You must first obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer, tablet, laptop, smartphone, or other access device. FMI makes no guarantees regarding the availability of the Website. Furthermore, FMI reserves the right, within its sole discretion, to discontinue the Website and/or modify the contents of the Website as it sees fit. You agree that FMI will under no circumstances be liable to You for any such discontinuance or modification of the Website or the Services.
B. Authorized Use
FMI grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by this AUP. Other than page caching, You are not authorized to download or modify the Website or any portion of it except with express written consent of FMI or in specific relation to Your purchase or provision of Idol-related products or services. This license does not include any resale or other such commercial use of this site or its contents not contemplated by the governing Fan Agreement or Idol Agreement; any downloading or copying of account information for the benefit of another person or entity offering services the same as or similar to the Services; or any use of data mining, robots, or similar data gathering, scraping, or extraction tools. Furthermore, if the Website at any time offers a means to post or transmit information, You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with the letter and intent of this AUP. Any unauthorized use terminates the permission or license granted by FMI in relation to the Website.
C. Linking (To & From) The Website; Advertisers
1. Linked-To Sites
FMI may, from time to time, provide via the Website, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third parties. Because FMI has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that FMI is under no circumstances responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; and/or (3) the goods or services offered via these third-party sites. Accordingly, User acknowledges and agrees that FMI shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
2. Links To Website From Other Sites
Without written permission from FMI, no User or third party may link to the Website home page or any other Website page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party web site as to the true ownership or sponsorship of the Website.
D. Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment.
E. Standard Warranties And Limitation Of Liability
NEITHER FMI NOR ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER FMI NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE WEBSITE.
2. Limitation Of Liability
FMI SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. FMI SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AUP OR IN RELATION IN ANY WAY TO THE WEBSITE OR ANY WEBSITE SALE OR FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF FMI TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF FIVE-HUNDRED DOLLARS ($500.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
You agree to indemnify, defend, and hold harmless FMI and its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt, or liability, including reasonable attorney fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder or in relation to Your use of the Website; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this AUP shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
H. Entire Agreement
This AUP sets forth and contains the entire agreement with regard to the matters set forth herein between You and FMI in relation to Your use of and access to the Website. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties. However, notwithstanding any other provision of this AUP, in the event of a conflict between any provision of this AUP and any provision of the Fan Agreement or Idol Agreement (if applicable), the Fan Agreement/Idol Agreement provision shall govern.
I. Choice Of Law
This Agreement, and any disputes arising from, relating to, or touching upon this AUP and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Georgia.
J. Choice Of Venue And Acknowledgment Of Personal Jurisdiction
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Fulton County. By accessing and using the Website, You submit to personal jurisdiction in Georgia in any action by FMI against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
K. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
The Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, videos, graphics, music, and sound. The entire contents of the FMI Website are copyrighted as a collective work under the United States copyright laws. FMI owns a copyright in the selection, coordination, arrangement, and enhancement of such content. 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. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of FMI and the copyright owner, if other than FMI. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website.
N. Copyright Complaints
FMI respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on or in this Website or any other Service in a way that constitutes copyright infringement may notify Our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(i) Identification of the copyrighted work that You claim has been infringed;
(ii) Identification of the material that You claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact You about Your complaint; and
(iv) A hand-signed statement that the above information is accurate; that You have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright or trademark infringement claims should be sent as follows:
Fans Meet Idols, LLC
c/o Wellborn, Wallace & Mullman, LLC
1218 Menlo Dr. NW, Suite E
Atlanta, GA 30318
If You give notice of copyright infringement by e-mail, FMI may begin investigating the alleged copyright infringement; however, FMI must receive Your signed statement by mail or as an attachment to your e-mail before FMI is required to take any action.
Please direct all inquiries and other communications relating to the Website and/or the Services to email@example.com.
P. Local Laws
You warrant and agree that Your access to and use of the Website is in compliance with the laws governing such access, use, and related conduct in Your geographic region.
Q. Prohibited Conduct
Use of this Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, FMI may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Website if You: (1) breach this Agreement; and/or (2) take actions that FMI believes may result in legal liability for You, for FMI, or for other Website users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.