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TERMS OF SERVICE

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Terms of Sale |
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Privacy Policy |
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SuperFan Terms Of Use
last modified: June 1, 2009

Welcome to SuperFan.

MyRockstar, Inc (D.B.A. "SuperFan") provides a social media service that includes photos, videos, music, blogs, and games ("SuperFan Service") via our website accessible at www.SuperFan.com ("the Site") subject to the following Terms of Use ("Terms of Use"). These Terms of Use are a legal agreement between you and SuperFan and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Users"). These Terms of Use limit SuperFan's liability and obligations to you, grant us certain rights in your User Content (defined below) and allow us to change, suspend or terminate your access to and use of the Site and SuperFan Service.

These Terms of Service and the other policies posted on the Site or made available via the SuperFan Service govern your access to and use of the Site and SuperFan Service, including any content, information, products or services therein. Our SuperFan Community Standards Policy ("Community Standards Policy") is incorporated herein by reference and to the extent that there are any conflicts between the terms or conditions of our Community Standards Policy and these Terms of Use, the terms and conditions of these Terms of Use will govern.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, SUPERFAN SERVICE OR YOUR SUPERFAN ACCOUNT OR BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND, ("USER CONTENT") TO SUPERFAN YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUPERFAN SERVICE ANY YOU MAY NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO SUPERFAN. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

REGISTRATION AND ELIGIBILITY

In order to access certain features of the Site and SuperFan Service, and to post any content on the Site or via the SuperFan Service you will have to create a SuperFan account and become a "Member". You must be 13 years of age or older to become a Member. If you are between the age of 13 and 17, we encourage you to get permission from your parent or guardian to use SuperFan.

When you register with SuperFan and set up your SuperFan account, you agree that all information provided to SuperFan upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. Especially your email address since we will direct all communication to you about your SuperFan account to your email address. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from SuperFan Users.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to not use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SuperFan immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Site and SuperFan Service.

SUPERFAN'S MATERIALS

General. SuperFan makes certain content available through the Site. "SuperFan Materials" mean all materials originated by SuperFan and otherwise made available through the Site and SuperFan Service, including, without limitation, the SuperFan logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof, excluding User Content. SuperFan and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, SuperFan Materials, and the trademarks, service marks and logos contained therein other than your User Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, SuperFan Materials, User Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, SuperFan Materials, User Content (other than your User Content).

Reminder Regarding SuperFan Trademarks. The SuperFan name and logo are trademarks of SuperFan, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SuperFan. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SuperFan, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SuperFan.

The SuperFan service includes an online game feature called "SuperFan" whereby Users can pledge their Credits to become the SuperFan of an artist on the SuperFan website. The SuperFan game is for entertainment purposes only. The SuperFan does not have any ownership in the artist, record label, managememt company or any other entity related to the artist or associated music.

USE OF USER CONTENT SUBMITTED BY YOU

User Content. You agree that any User Content you upload, post, email, transmit or otherwise make available via the SuperFan Service is non-confidential. SuperFan does not claim ownership rights in your User Content. However, by uploading, posting, emailing, transmitting or otherwise making available your User Content via the SuperFan Service you hereby grant SuperFan a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites, for commercial or non-commercial use. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SuperFan. SuperFan will own all right, title and interest in and to all derivative works and compilations of User Content that are created by SuperFan, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by SuperFan to give to SuperFan the full benefit of the rights granted to SuperFan by you. The submission of any materials to SuperFan irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Our Community Standards Policy also contains important reminders regarding our policies regarding your submission of User Content.

Limitations. You acknowledge and agree that SuperFan may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Content on SuperFan's servers. SuperFan will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Content.

Disclaimer. SuperFan has no ability to control the User Content that are uploaded, posted or otherwise transmitted using the Site or SuperFan Service and does not have any obligation to monitor such User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. SuperFan does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SuperFan with respect thereto.

COPYRIGHTED MATERIALS: NO UNAUTHORIZED USE.

YOU WILL NOT USE THE SITE OR SUPERFAN SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. SUPERFAN has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the SUPERFAN Copyright and IP Policy for further information.

LINKING TO OUR WEBSITE
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray SuperFan or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any SuperFan trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without SuperFan's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a SuperFan name, trademark or product name without SuperFan's express written consent.

THIRD PARTY LINKS
SuperFan may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. SuperFan does not monitor, nor does it have any control over, any Third Party Content. SuperFan does not endorse or adopt any Third Party Content and makes no guarantees as to its accuracy or completeness. SuperFan makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that SuperFan's terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

USER CONDUCT
Interactions between SuperFan Users. You are solely responsible for your interactions (including any disputes) with other SuperFan Users. You understand that SuperFan does not in any way screen SuperFan Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and SuperFan Service and disclosing personal information to other SuperFan Users. You agree to take reasonable precautions in all interactions with other SuperFan Users, particularly if you decide to meet a SuperFan User offline, or in person. Your use of the Site, SuperFan Service, Content and any other information or other materials made available through the Site or SuperFan Service is at your sole risk and discretion and SuperFan hereby disclaims any and all liability to you or any third party relating thereto. SuperFan reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with SuperFan to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized SuperFan representatives access to any password-protected portions of your SuperFan account.

Obligations for SuperFan Users. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and SuperFan Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or SuperFan Service:

a. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
b. Upload, stream, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a SuperFan name, trademark, URL or product name;
d. Upload, stream, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or SuperFan Service to send altered, deceptive or false source-identifying information;
f. Upload, stream, email, or otherwise transmit, via the Site or SuperFan Service, any User Contents that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of SuperFan;
g. Upload, stream, email, or otherwise transmit any User Contents that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
h. Upload, stream, email or otherwise transmit any User Contents that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Contents that is unrelated to the immediate, aesthetic nature of the User Contents;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of SuperFan's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j. Attempt to probe, scan or test the vulnerability of any SuperFan system or network or breach or impair or circumvent any security or authentication measures protecting the Site or SuperFan Service;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or SuperFan Service;
l. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SuperFan or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
m. Attempt to modify the code base or deploy an automated system, such as, but not limited to, using scripts.
n. Try to obtain, collect or store personal data about other users without their express permission;
o. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
p. Use the Site or SuperFan Service in any manner not permitted by these Terms of Use; or
q. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

SPECIAL NOTE: POSSIBLE CONTENT REMOVAL

SuperFan retains the right, but not the obligation, to monitor and edit or remove any User Content that it deems in its sole discretion to be harmful to SuperFan Users, SuperFan, the rights of any third party or that violates any applicable law. This includes the right, but not the obligation, to immediately, temporarily or permanently, remove any User Content (including, without limitation, any text or images) uploaded by you that SuperFan deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:

Photographs, pictures, images, text or other materials submitted by Members that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
Partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
Profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous, promote self-harm, or offensive;
Any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

TERMINATION OR SUSPENSION OF THE SITE OR SUPERFAN SERVICE & MODIFICATION OF THESE TERMS OF USE.

By Member: You may terminate SuperFan account at any time for any reason by sending us an e-mail. After receipt of your termination notice, SuperFan will terminate your account.

By SuperFan: SuperFan reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and SuperFan Service, or modify these Terms of Use without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and SuperFan Service, and if applicable, cancel your SuperFan account. By continuing to access or use the Site and SuperFan Service after SuperFan makes any such revision, you agree to be bound by the revised Terms of Use.

Without limiting other remedies, SuperFan may immediately terminate or suspend your access to the Site and SuperFan Service and remove any material (including User Contents) from the Site or our servers, in the event that you breach these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the Site, SuperFan Service or your access thereto at any time and for any reason.

After any termination by you or SuperFan: You understand and acknowledge that we will have no further obligation to provide the SuperFan Service. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. SuperFan is not liable to you or any third party for termination of the SuperFan Service or termination of your use of the SuperFan Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SuperFan will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to SuperFan under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

INDEMNIFICATION

You agree to defend, indemnify, and hold SuperFan, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, SuperFan Service, SuperFan Materials and User Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Content caused damage to a third party, including without limitation claims that your User Content are infringing.

TERMS OF SALE

Terms of Service |
Terms of Sale |
Disclaimer of Warranties |
Privacy Policy |
Copyright & Intellectual Property Policy |
Community Standards Policy

Certain products and services may from time to time be made available to you ("you" or "User") by MyRockstar, Inc. or its corporate affiliates (collectively, "us", "we" or "the Company") through the SuperFan web site (the "Site") and service ("SuperFan" or the "Service"). By purchasing any products or services through SuperFan, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of SuperFan are also governed by the SuperFan Terms of Use ("Terms of Use"), which are incorporated herein by reference.

These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on SuperFan. If we make a material change to our subscription service we will use reasonable efforts to notify you by email at your designated email address. If any modification is unacceptable to you, you agree that your only recourse is to terminate your subscription as provided herein.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Purchase Requirements

To make a purchase on SuperFan, you must be a registered SuperFan User and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Company sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on SuperFan only with the involvement of a parent or guardian. We reserve the right to refuse or cancel orders or terminate accounts, at any time in our sole discretion. In the event, we terminate your or any gift recipient's account, products and services purchased pursuant to these Terms of Sale may be forfeited without recompense.
2. Payment Method and Terms

We accept Visa, MasterCard, American Express, and Discover credit cards and certain debit cards, as forms of payment. By submitting an order through SuperFan, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. If SuperFan does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SuperFan. All payments are to be made in United States Dollars. We may seek authorization of your credit card to validate your ability to charge the fees to access the applicable product or services prior to the first purchase.
3. Subscription Terms

Payment; Renewal. By completing the subscription service registration, you authorize SuperFan to charge applicable recurring subscription fees to your designated billing payment method. Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term at the then-current fee. ALL SUBSCRIPTION FEES ARE SUBJECT TO CHANGE ON A PROSPECTIVE BASIS UPON NOTICE FROM US SENT TO YOUR DESIGNATED EMAIL ADDRESS. IF YOU DO NOT ACCEPT THE NEW FEES, YOU SHOULD TERMINATE YOUR SUBSCRIPTION IMMEDIATELY. You will be charged for the renewal term of the subscription service on your billing date ("Billing Date"), based on the type of subscription (e.g., on a particular date each month for a monthly subscription; on the anniversary for an annual subscription; on the two-year anniversary for a biennial subscription, etc.). If, however, the activation date of your subscription is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may contact our billing department here.

Cancellation. To cancel your subscription, contact our billing department here. Once you have terminated your subscription, we will stop billing your credit card until and unless you re-subscribe. However, all fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. You agree that we, in our sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if we believes that you have violated these Terms of Sale or the Terms of Use. We may also in our sole discretion and at any time modify or discontinue providing the subscription service, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the subscription service.
4. Refund Policy; Errors; Customer Support

All sales are final. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your credit card. SuperFan reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. Unless you notify us of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you and you release us from all liabilities and claims of loss resulting from any such error or discrepancy.

Credits purchased on the SuperFan site can be used for several purposes including sending Virtual Goods, posting Shout-Outs and becoming the "SuperFan" of an artist. Once purchased, Credits have no cash value; all sales are final.

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here. If you cannot find the answers you are seeking, you can send us an email here. Responses to emails will be provided as soon as possible.
5. Taxes

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
6. Privacy

We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
7. Indemnity

You agree to indemnify and hold SuperFan, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your purchase or use of the products and services, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold SuperFan harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.
8. Disclaimers

PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT PURCHASE OF ANY PRODUCTS OR SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERFAN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERFAN DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERFAN DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE OR ANY PRODUCTS OR SERVICES PURCHASED THEREON. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SUPERFAN.
9. Limitation on Liability

UNDER NO CIRCUMSTANCES WILL SUPERFAN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUPERFAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF USERS PURCHASE OF PRODUCTS OR SERVICES ON THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER, FROM INABILITY TO USE THE SITE, SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE OR PRODUCTS OR SERVICES PURCHASED HEREUNDER. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, SUPERFAN'S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO SUPERFAN FOR PRODUCTS OR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
10. Arbitration

YOU AND SUPERFAN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, SuperFan will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
11. General

These Terms of Sale constitutes the entire agreement between you and SuperFan and governs your purchase of products and services from SuperFan, superseding any prior agreements between you and SuperFan. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall be controlling. These Terms of Sale will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Sale will be filed in a court of competent jurisdiction sitting in San Francisco County, California. Both parties consent to exclusive jurisdiction in that county. The failure of SuperFan to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to purchase of products or services from SuperFan must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DISCLAIMER OF WARRANTIES

Terms of Service |
Terms of Sale |
Disclaimer of Warranties |
Privacy Policy |
Copyright & Intellectual Property Policy |
Community Standards Policy

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SUPERFAN SERVICE, SITE, SUPERFAN MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE SUPERFAN SERVICE, SITE, SUPERFAN MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUPERFAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SUPERFAN SERVICE, SITE, SUPERFAN MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SUPERFAN MAKES NO WARRANTY THAT (i) THE SITE OR SUPERFAN SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND SUPERFAN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SUPERFAN SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SUPERFAN SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR SUPERFAN SERVICE WILL BE CORRECTED.
c. ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE SUPERFAN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPERFAN OR THROUGH OR FROM THE SITE OR SUPERFAN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SuperFan reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SuperFan.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPERFAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERFAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SUPERFAN SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SUPERFAN CUMULATIVE LIABILITY TO YOU EXCEED $100. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via either email or regular mail. The date of receipt will be deemed the date on which such notice is transmitted. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the SuperFan Service.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and SuperFan and govern your use of the Service, superseding any prior agreements between you and SuperFan. You also may be subject to additional terms and conditions that may apply when you use affiliate or other SuperFan Service, third-party User Content or third-party software. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SuperFan. Any purported assignment or delegation by you without the appropriate prior written consent of SuperFan will be null and void. SuperFan may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use and the relationship between you and SuperFan shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SuperFan agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of SuperFan to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS AND COMMENTS

Please report any violations of the Terms of Use or make any comments by emailing us at contact@SuperFan.com. You agree, however, that: (i) by submitting unsolicited ideas to SuperFan or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to SuperFan or any of its employees or representatives automatically become the property of SuperFan. You hereby assign and agree to assign all rights, title and interest you have in such comments and ideas to SuperFan together with all intellectual property rights therein.

Please review our Privacy Policy and take a moment to review to the Community Standards Policy.

PRIVACY POLICY

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Disclaimer of Warranties |
Privacy Policy |
Copyright & Intellectual Property Policy |
Community Standards Policy

last modified: 08-12-2008

It is SuperFan's policy to respect the privacy of Members. We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive when you visit and use our website located at www.SuperFan.com (the "Site"). This Privacy Policy applies only to information that you provide to us through the Site, and when you access, download, purchase or use any information, services, products or content appearing on the Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this Privacy Policy regularly for any changes.

Except as otherwise provided in this Privacy Policy, we will not disclose to any member's name or contact information or Personal Information (defined below). SuperFan will also not monitor, edit, or disclose member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) cooperate with law enforcement authorities or comply with legal process served on SuperFan; (2) to protect the property and rights of SuperFan or a third party; or (3) to protect the safety of the public or any person; (4) to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable; or (5) fix or debug problems with the SuperFan servers, software that transfer or service.

Children's Privacy

The Site is not directed to children under 13 years of age, and SuperFan requires users of its service to be 13 years of age or older. Accordingly, SuperFan does not knowingly collect or maintain on its Site personally identifiable information from children under 13 years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

We recommend that minors over the age of 13 ask a parent or guardian for permission before sending any information about themselves to anyone over the Internet.

Consumer Education Related to Social Networking
Creating a safe social networking environment is important to SuperFan. For additional information interested persons may visit the following links created by the Federal Trade Commission to learn more about social networking safety tips:

http://onguardonline.gov/socialnetworking_youth.html

THE PERSONAL INFORMATION WE COLLECT

When you register to become a member of SuperFan and in the course of using the Site, you may voluntarily submit personally identifiable information that can be used to contact or identify you and administer your account ("Personal Information"). Personal information may include, but is not limited to, your name, phone number and e-mail address. SuperFan may also collect Personal Information from you if you choose to opt-in to participate in sweepstakes, surveys, contests or competitions. When you register with SuperFan, you create your own profile and privacy settings. Your profile information, as well as your name, e-mail and photo, are displayed to people you have specified in your privacy settings. Profile information you submit to SuperFan, and make public via your privacy settings, will also be available to other SuperFan users via searching our Site, and may be available to third party search engines. This is primarily so your friends can find you and the content you create and store on SuperFan. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or user name to the extent that allows others to identify you.

As you use the Site, our servers automatically record information that the browser sends whenever it points to a Site or online service ("Log Data"). Log Data may include, but is not limited to, your computer's Internet Protocol address, browser type, the web page you were visiting before you came to one of the Site and information you search for on a Site.

HOW WE USE PERSONAL INFORMATION

Personal Information is used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and SuperFan account; (iii) to enable users to enjoy and easily navigate the Site; (iv) to better understand your needs and interests; (v) to fulfill requests you may make; (vi) to personalize your experience; (vii) to provide service announcements; and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on SuperFan related services. SuperFan reserves the right to contact Members at anytime via email. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications. Further, you may easily adjust your privacy and e-mail settings via your account settings at any time.

OTHER INFORMATION/LOGGING AND COOKIES

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use "persistent cookies" to save your username and login password for future logins to the Site. We use "session ID cookies" to enable certain features of our service, to better understand how you interact with the Site and to monitor web traffic routing on the Site and aggregate usage of the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the services.

INFORMATION SHARING AND DISCLOSURE

SuperFan Members. In addition to your username, any comments or submissions that you post to the Site will be publicly available. You post and share your Personal Information and content on the Site at your own risk. While we go to great lengths to create a safe and enjoyable experience on the Site, we cannot control the actions of other users with whom you may choose to share your content and/or profile information. In addition, we cannot anticipate other users' ability to circumvent privacy settings. You understand that, even after removal of your Personal Information and content from the Site, copies of your information may remain viewable in cached or archived Web pages or on the local computers of users who may have downloaded or stored your information.

Even with all the appropriate precautions SuperFan takes to protect your information, we recommend you refrain from sending private information or Personal Information by e-mail, chat, or other messaging services.

Aggregate Information and Non-Identifying Information. We may share aggregated information that includes non-identifying information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services.

Service Providers. We may employ third party companies and individuals to facilitate the our services, to provide the services on our behalf, to perform services related to administration of the Site (including, without limitation, maintenance, hosting and database management services, web analytics and administration). These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Business Transfers. SuperFan may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

INVITE-A-FRIEND

If you choose to invite your friends to use SuperFan, using our invitation options, we will ask for information such as an e-mail address. We will automatically send your friend(s) an e-mail invitation to visit the Site. SuperFan stores this information to send this email invitation, and to track the success of this referral feature.

CHANGING OR DELETING YOUR INFORMATION

All SuperFan members may review, update, correct or delete the Personal Information in their registration profile by logging into their account and changing the "user preferences" associated with their account. If you completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.

SECURITY

SuperFan is concerned with safeguarding your information. We employ a variety of industry-standard measures designed to protect your information from unauthorized access.

INTERNATIONAL TRANSFER

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to SuperFan, please be advised that we transfer Personal Information to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to

LINKS TO OTHER SITES

The Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

FEATURE REQUESTS AND BUG REPORTING TERMS AND CONDITIONS

You agree that any feature information, Ideas, or other submission you provide to SuperFan ("Idea"), is or will be under and subject to the conditions set forth herein. You represent and affirm that you have read and understand these terms. You represent and affirm that you are 18 years of age or older. You agree that by submitting your Idea, you acknowledge and agree that any such Idea is nonconfidential, and that SuperFan has no obligation to return anything submitted, respond to, or confirm receipt of your Idea. You warrant that no other person or corporation has a property interest in the submitted Idea. You understand and acknowledge that SuperFan may itself be developing and creating similar Ideas, and/or that SuperFan may have received or may someday receive similar Ideas from others, and that existing or planned products and services independently developed without use of your Idea may contain Ideas or concepts similar or identical to those you submit. You acknowledge and agree that your submission shall not preclude SuperFan from developing or acquiring such Ideas without obligation to you. Notwithstanding anything to the contrary herein, SuperFan shall be free to use any Idea that you submit on a perpetual, royalty-free basis, for any purpose whatsoever, including use, modification, display, and distribution, and/or in the development, manufacture, marketing, and maintenance of SuperFan products and services without any obligation to you.

CONTACTING SuperFan

If you have any questions about this Privacy Policy, please contact us.

COPYRIGHT & INTELLECTUAL PROPERTY POLICY

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Disclaimer of Warranties |
Privacy Policy |
Copyright & Intellectual Property Policy |
Community Standards Policy

last modified: 08-12-2008

Third Party Content on SuperFan

Portions of SuperFan Lyric Content Provided by LyricWiki.org. Please see LyricWiki's About, Disclaimers and Privacy Policy.

Notification of Copyright Infringement

SuperFan respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, SuperFan will respond expeditiously to claims of copyright infringement committed using the SuperFan service that are reported to SuperFan's Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the SuperFan website and service (collectively the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to SuperFan's Designated Copyright Agent. Upon receipt of Notice as described below, SuperFan will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the SuperFan user's account in appropriate circumstances.

DMCA Notice of Alleged Infringement ("Notice")

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to SuperFan's Designated Copyright Agent:

Counter Notices

One who has posted material that allegedly infringes a copyright may send SuperFan a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When SuperFan receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to SuperFan's Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the SuperFan Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.

COUNTER NOTICE

1. Identification of the material that has been removed or to which access has been disabled on SuperFan service and the location at which the material appeared before it was removed or access to it was disabled:

2. I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

3. Your name, address, telephone number and, if available, email address:

4. I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which SuperFan may be found, and I will accept service of process from the complaining party who notified SuperFan of the alleged infringement or an agent of such person.

5. Your physical or electronic signature (full legal name):____________________________

The Counter Notice should be delivered to SuperFan's Designated Copyright Agent:

Notification of Trademark Infringement

If you believe that your trademark (the "Mark") is being used by a user in a way that constitutes trademark infringement, please provide SuperFan's Designated Copyright Agent (specified above) with the following information:

1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit SuperFan to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
4. Information reasonably sufficient to permit SuperFan to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.

Upon receipt of notice as described above, SuperFan will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service. A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then SuperFan may exercise its discretion not to remove the Mark. If SuperFan decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, SuperFan will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.

Notification of Other Intellectual Property ("IP") Infringement

If you believe that some other IP right of yours is being infringed by a user, please provide SuperFan's Designated Copyright Agent (specified above) with the following information:

1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit SuperFan to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for SuperFan to determine without unreasonable effort that the IP has been infringed;
4. Information reasonably sufficient to permit SuperFan to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.

Upon receipt of notice as described above, SuperFan will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then SuperFan may exercise its discretion not to remove the IP. If SuperFan decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

SuperFan Has No Obligation to Adjudicate IP Claims - User's Agreement to Hold Us Harmless From Claims

Claimants and users must understand that SuperFan is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold SuperFan harmless from any resulting claims of infringement brought against SuperFan.

COMMUNITY STANDARDS POLICY

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Copyright & Intellectual Property Policy |
Community Standards Policy

Last revised: 01-29-09

This SuperFan Community Standards Policy ("Community Standards") forms part of the SuperFan Terms of Use and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Terms of Use.

By using the SuperFan site, you agree to use the site in a manner that respects the other members of the Site. The Community Standards, outlined below, are divided into three parts, covering Conduct Standards, Content Standards, and possible repercussions should you violate these standards. SuperFan provides the Community Standards to remind SuperFan Users of the requirements you must follow when using the SuperFan service as further provided in the SuperFan Terms of Use.

CONDUCT STANDARDS

Use appropriate language. Inappropriate language includes but is not limited to the use of derogatory slurs as they relate to ethnicity, religion, gender, sexual orientation et al.
Avoid making defamatory comments. Such sentiments may damage the reputation of a person or organization, and can result in legal action.
Harassment, bullying, and otherwise harmful and/or threatening behavior is unacceptable.
Inciting others to commit crimes, violent acts, or acts of self-harm or hate is unacceptable.
Impersonating another person (an artist or another Member of the community) is unacceptable.
Reposting the same message over and over is considered spamming and is unacceptable.
Reposting other people's User Content without their permission is disruptive to the community and may constitute plagiarism and/or violate copyright law. Credit other people for their contributions.
Please do not abuse the flagging and complaints system. It exists so that we can create a community free from the types of problems that arise when Users violate the Community Standards.
Be mindful of your safety and personal identity. You are responsible for protecting your password. Remember you can always change your privacy settings.

CONTENT STANDARDS

Your User Content must not contain any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
You should not upload, post, or share any User Content that you do not have a right to make available.
Do not upload, post or share any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Avoid making multiple posts of the same thing. It can also qualify as spam.
Users are not authorized to modify the SuperFan code base. This includes implementation of any automated use of a system, such as, but not limited to, using scripts to automate any actions on the site including but not limited to adding friends, sending comments or messages, rating artists, albums or songs, etc.
Please review the Terms of Use.

Suspension and Termination: We will determine, in our discretion, whether there has been a breach of the Community Standards through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:

Issue of a warning to you.
Immediate, temporary or permanent removal of any User content uploaded by your to our site.
Immediate, temporary or permanent withdrawal of your right to use our site.
Disclosure of such information to law enforcement authorities as we reasonable feel is necessary.
Legal proceedings against you.

Changes to the Community Standards: SuperFan reserves the right to change these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make.

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