BRANDOFAN

TERMS AND CONDITIONS OF USE

These terms and conditions of use ("Terms") govern your use of the www.brandofan.com website ("Brandofan"). Brandofan is designed to be a tool for fans to find businesses, and businesses to find fans that are interested in their products or services, and we are glad you are considering using Brandofan to link up with businesses, or to connect with customers.

You must comply with the Terms if you want to participate in Brandofan, meaning you need to follow all the rules in the Terms if you want to participate in the Brandofan site in any capacity. By using Brandofan, you automatically agree to the Terms, and the Terms are an agreement between you and Brandofan, LLC (the owner of Brandofan, hereinafter referred to as "Brandofan LLC").

If you do not agree to be bound by the Terms, you are not allowed to visit Brandofan. Please also review our Privacy Policy for a description of Brandofan's privacy practices and policies. We encourage you to read the Privacy Policy, and to use it to help make informed decisions about what to post on Brandofan and whether to use Brandofan. The Terms are written in English. Brandofan LLC does not guarantee the accuracy of any translated versions of the Terms. To the extent any translated version of the Terms conflicts with the English version, the English version controls.

1. Brandofan LLC owns Brandofan.

Brandofan and any materials made available for download or viewing, other than User Submissions, are the property of Brandofan LLC. Brandofan is protected by United States and international intellectual property, copyright, and trademark laws. The contents of the Brandofan website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through Brandofan, other than User Submissions, as defined in Section 8 below, may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Brandofan LLC, including the provision of services or products to Brandofan LLC, or in connection with a business relationship with Brandofan LLC. You may not frame or utilize framing techniques to enclose or link to, any name, trademarks, service marks, logo, or other proprietary information (such as images, text, page layout, or form) of Brandofan LLC without Brandofan LLC's express written consent. References to Brandofan LLC, "us[,]" and "we" includes not only Brandofan LLC, but Brandofan LLC's respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

2. Brandofan LLC doesn't vouch for what you read. Don't rely on what you read on Brandofan.

Brandofan is chock full of User Submissions, as defined in Section 8 below, and Brandofan LLC does not vouch for the accuracy of anything on Brandofan. Just because you read something on Brandofan does not mean it is true – and Brandofan LLC is not responsible if you read something on Brandofan, take some sort of action based on your belief that whatever you read on Brandofan is true, and you suffer some sort of harm or damage based on the action you took. Brandofan LLC is not responsible for and makes no express or implied warranties, guarantees, or representations whatsoever as to the accuracy, truthfulness, reliability, or completeness of Brandofan, or of any User Submissions, as defined in Section 8 below. Brandofan could include typographical errors, inaccuracies or other errors, and unauthorized additions, deletions, and alterations could be made to Brandofan by third parties. Information on Brandofan can be changed or updated without notice. Brandofan LLC is not responsible or liable for information posted on Brandofan, and Brandofan LLC does not monitor or verify any claims by anyone whatsoever—including but not limited to statements about businesses or individual's products or services.

3. Don't give out your username or password.

You need a username and password to fully access Brandofan. Once you agree to the Terms and Privacy Policy, and go through the profile creation process, you will create a username and password that will allow you to access Brandofan. Only access Brandofan using your username and password. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to anyone else. You agree that you are responsible for everything posted under your username.

4. Brandofan LLC can terminate your account and access to Brandofan.

Brandofan LLC may, in its sole discretion, at any time and for any reason, terminate your access to Brandofan at any time with or without cause, terminate this agreement (meaning the Terms – remember that these terms are an agreement between you and Brandofan LLC), and suspend or delete your username and password and account at Brandofan. Brandofan LLC may also block your access to the Brandofan site. If Brandofan LLC decides to take any of the above-listed actions, your account may be disabled and you may not be granted access to your account or any files or other content contained in your account. Brandofan LLC reserves the right to refuse service to anyone at any time without notice for any reason.

5. You agree to indemnify Brandofan LLC for any damage you cause.

You agree to defend, indemnify, and hold Brandofan LLC harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Brandofan LLC arising out of your use of Brandofan, your access of Brandofan, or any breach of these Terms.

6. You can't use Brandofan if you are under thirteen years of age.

You must be at least thirteen years of age to use Brandofan, and Brandofan LLC forbids anyone under thirteen years of age from using Brandofan. Don't lie about your age to use Brandofan – you'll eventually get older and be able to use Brandofan once you are old enough.

7. You are responsible for what you post on Brandofan.

Brandofan is a public forum. You do not have to post anything on Brandofan. When you choose to voluntarily post content, opinions, thoughts, ideas and other materials on Brandofan, you (not Brandofan LLC) are responsible for the legal consequences of what you post. While Brandofan LLC can not give you legal advice as to what you can or can not post on Brandofan, be aware that individuals can be held personally liable for any commentary deemed to be defamatory, obscene (not swear words, but rather the legal definition of "obscene"), proprietary, or libelous (whether pertaining to Brandofan LLC, individuals, or any other company for that matter). For these reasons, you should be careful if you exaggerate, use colorful language, or make derogatory remarks or characterizations. Additionally, the Federal Trade Commission and other agencies, as well as United States federal and state law, and other bodies of law have guidelines and regulations regarding advertising as well as product reviews and endorsements that you are responsible for complying with-- Brandofan LLC does not vet content or ensure compliance with any such laws or regulations. You post content and communicate with others on Brandofan at your own risk. Outside parties and regulatory agencies can pursue legal action against you (not Brandofan LLC) for your postings and communications.

8. You grant Brandofan LLC a license to use what you submit.

You can voluntarily post or display a variety of comments, information, images, videos, files, links and other materials using Brandofan ("User Submissions"), and you grant Brandofan LLC and its assigns a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Submissions that you post on or in connection with Brandofan ("User Submission License"). We always appreciate your User Submissions and use of Brandofan, but you understand that we may use your User Submissions without any obligation to compensate you for them (just as you have no obligation to offer User Submissions). Brandofan LLC reserves the right to, in its sole discretion, refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all the rights, power, and authority necessary to post your User Submissions. You agree that Brandofan LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or anything else on Brandofan. Brandofan LLC retains the right to create limits on Brandofan's use and storage space in Brandofan LLC's sole discretion at any time with or without notice.

9. Use Brandofan responsibly.

You agree that you will use Brandofan in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. If you believe a user is abusing Brandofan in violation of these terms, you can notify us at info@brandofan.com. Everyone should be respectful on Brandofan – therefore:

1. No harassing or offensive User Submissions. Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable comments are not ok. Anything facilitating or encouraging violations of these Terms is also unacceptable.
2. No spamming or flooding. Do not post the same User Submission more than once.
3. Unless you have Brandofan LLC's permission, don’t use automated means, such as bots, to access Brandofan or collect user content or information.
4. Don’t use Brandofan, or User Submissions, to engage in or promote any unlawful multi-level marketing effort, such as a pyramid scheme.
5. Don’t submit or upload anything that violates the copyright or intellectual property rights of any person or entity.
6. Don’t post or transmit a virus or any other harmful component.
7. No impersonation. Adopting an inappropriate user name (one that is vulgar or offensive) is also unacceptable.
8. Don’t solicit login information or access someone else’s account.
9. Only include suitable URLs in your User Submissions Links to websites we consider unsuitable may be removed. Unsuitable sites would include those with racist material, pornographic or sexually explicit material, potentially defamatory material, anything which encourages illegal activities, material which infringes copyright, sites which purely plug or promote commercial products or services without containing material which enhances the subject matter, or sites which may offend our users.

10. Privacy on Brandofan – You Agree to the Terms in the Privacy Policy.

As a condition of using the Service, you agree to the terms of the Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Brandofan LLC may access or disclose your personal information, including the content of your communications, if Brandofan LLC is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the Terms and the Privacy Policy. Personal information collected by Brandofan LLC may be stored and processed in the United States or any other country. By using Brandofan, you expressly consent to any such transfer of information outside of your country.

11. Brandofan LLC Doesn’t Own Third-Party Content, and Doesn’t Have an Obligation to Filter Third-Party Content.

Brandofan LLC does not own and takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Brandofan LLC have any obligation to monitor, filter, remove, or refuse such third-party content. Brandofan LLC reserves the right at all times to remove or refuse to distribute any content on Brandofan, such as content which violates the Terms. Brandofan LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Brandofan LLC, its users, and the public. Brandofan LLC will not be responsible or liable for the exercise or non-exercise of its rights under the Terms.

12. Brandofan Mobile – Brandofan LLC Isn’t Responsible for Your Cell Phone Bill.

You understand that when using any of our mobile services, your carrier’s normal rates and fees, such as text messaging fees, will still apply. If you change or deactivate your mobile telephone number, you will update your account information on Brandofan to reflect such a change within 48 hours to ensure that your messages are not sent to the person who acquires your old number. It is your responsibility to ensure that the mobile information you provide is accurate. Delivery of services requiring mobile communications is entirely dependent on the respective mobile communications supplier. Brandofan LLC bears no responsibility for non-delivery of such services.

13. Brandofan LLC Isn’t Responsible for Other’s Copyright Infringement.

We disclaim any responsibility or liability for copyrighted materials posted on Brandofan. If you believe that your work has been copied in a manner that constitutes copyright infringement, please let us know -- follow the procedures set forth here Copyright Policy.

14. Disclaimer of Warranties

BRANDOFAN LLC DOES NOT WARRANT THAT ACCESS TO OR USE OF BRANDOFAN WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN ES WILL BE CORRECTED. BRANDOFAN, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY BRANDOFAN-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BRANDOFAN LLC SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH BRANDOFAN. BRANDOFAN LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH ES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BRANDOFAN, BRANDOFAN-RELATED SERVICES, AND HYPERLINKED WEB SITES. BRANDOFAN LLC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT BRANDOFAN LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BRANDOFAN AND OF THE INTERNET.

15. Limitation of Liability Regarding Use of Brandofan.

BRANDOFAN LLC AND ANY THIRD PARTIES MENTIONED ON BRANDOFAN ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO BRANDOFAN, BRANDOFAN-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN BRANDOFAN, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH BRANDOFAN, BRANDOFAN-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING BRANDOFAN AND ANY ASSOCIATED SERVICES.

16. Brandofan Does Not Vouch for or Endorse Meetings, Products, or Services.

Through Brandofan we provide a forum that enables our users to arrange physical gatherings at venues, as well as allowing users to advertise products or services.

Brandofan LLC does not endorse, test, vet, or otherwise sponsor or approve of any user's products or services in any way. Additionally, Brandofan LLC does not supervise, sponsor, or endorse gatherings, and Brandofan LLC is not involved in any way with the actions of any individuals at these gatherings. As a result, Brandofan LLC has no control over the identity or actions of the individuals who are present at these gatherings, and you should exercise caution and good judgment when attending these gatherings. Users who organize meetings should make clear in their announcements, invitations, and signage that their meeting have not been organized or approved, and are not run, by Brandofan LLC. You attend any meetings at your own risk.

Additionally, because we do not supervise or control the gatherings or interactions among or between Brandofan users and other persons or companies, and because we are not involved in any way with physical transportation to or from gatherings or with the actions of any individuals at gatherings, and because we cannot guarantee the true identity, age, nationality of Brandofan users, and because we do not have control over the quality, safety, morality, legality, truthfulness or accuracy of User Submissions you agree that you bear all risk and you agree to release Brandofan LLC (and Brandofan LLC's officers, directors, members, agents, employees, affiliates, councils, facilities, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of Brandofan, your transactions or meetings with users, our resolution of any disputes among users, your transportation to or from meetings or events, or the actions of you or other persons at meetings or events.

You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, and waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Florida, Delaware, Missouri, New York, and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

17. Revisions to the Terms, Termination of Access to Brandofan, Mandatory Arbitration, and Choice of Law and Venue.

Brandofan LLC reserves the right, in its sole discretion, to terminate your access to all or part of Brandofan, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Brandofan LLC and you pertaining to the subject matter hereof. In its sole discretion, Brandofan LLC may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. It is your responsibility to visit this page to determine the current Terms, as Brandofan LLC does not have an obligation to notify you whenever Brandofan LLC changes these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within Brandofan.

In the event you have any dispute or claim relating to Brandofan or these Terms, any questions or disagreement arising from or relating to Brandofan, or these Terms or any breach of the Terms, you and Brandofan LLC each agree that you and Brandofan LLC will first use your best efforts through Informal Dispute Resolution to settle the dispute, claim, question, or disagreement. If your claim regards copyright infringement, please additionally follow the procedures set forth in the Copyright Policy.

In the Informal Dispute Resolution process, you and Brandofan LLC must first consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both you and Brandofan LLC before either you or Brandofan LLC submit the dispute to mandatory arbitration or any other dispute-resolution body. To invoke the informal dispute resolution process, either you or Brandofan LLC must tender a written notice of a Demand for Informal Dispute Resolution. If you wish to send such a demand to Brandofan LLC, please email the notice to info@brandofan.com. If Brandofan LLC wishes to send such a demand to you, it will be sent to the email contained within your user account. This informal dispute resolution process lasts for sixty days, and if you and Brandofan LLC do not reach a resolution as to your dispute sixty days after either you or Brandofan LLC first provided your Demand for Informal Dispute Resolution, then, upon notice by either you to Brandofan LLC or Brandofan LLC to you, all disputes, claims, questions, or differences shall be finally settled by arbitration (the "Mandatory Arbitration").

You must agree to Mandatory Arbitration as a condition of use of Brandofan. You and Brandofan LLC both intend to arbitrate all disputes, claims, questions, or differences. Mandatory Arbitration is to your and Brandofan LLC's benefit, as it provides an efficient way to resolve your disputes. Mandatory Arbitration shall be submitted to and finally settled by arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes including the Optional Rules for Emergency Measures of Protection and shall be administered by either a single mutually acceptable independent arbitrator or by a single arbitrator selected pursuant to the American Arbitration Association’s rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

In the event that for any reason, a dispute between us is not subject to arbitration, you agree to resolution of such dispute on an individual basis, and that you will not serve as a class representative in such a suit, and that class actions against Brandofan LLC are not permitted, and you agree to the resolution of such dispute in the state or federal courts located in Orange County, Florida, and in accordance with Florida law, without regard to its conflicts of law principles.