Terms & Conditions

FANCHANTS WEBSITE, APP AND OTHER MEDIA TERMS OF USE

Terms of Website, App and Other Media Use

These terms of use (together with the documents referred to in it) are the terms on which you may access and use our website, app or other media.

www.fanchants.com (our, or this "website"). Please read these terms of use carefully before using our website.

Apps and Other Media includes mobile applications on all app stores including but not limited to Google Play Store and iTunes Store as well as other media including but not limited to Audio Files, Ringtones, Ringbacks, Pictures, Videos and any other forms of digital media bearing the FanChants brand. Please read these terms of use carefully before using our apps and other media.

By using our website, app or other media, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our website, app or other media.

Our Privacy Policy, sets out the terms on which we process your personal data and our use of cookies. By using our website, app or other media, you accept the terms and conditions of our Privacy Policy and consent to our use of your personal data as described.

Information About Us

www.fanchants.com is a website operated by Fanchants Limited ("Fanchants", "we", "us", "our").  We are registered in British Virgin Islands under company number 547940 and have our registered office at c/o Equity Trust (BVI) LimitedPalm Grove House, P.O. Box 438 Road Town, Tortola, British Virgin Islands.  

Applicable Law

These terms of use, our Privacy Policy and your use of this website and any dispute arising out of or in relation to it are governed by English law and you agree that the courts of England will have exclusive jurisdiction to hear any such disputes.

If any provision of these terms is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.  

Accessing Our Website, App or Other Media

Our website, app or other media is made available free of charge for your non-commercial use. However, you are responsible for making all arrangements necessary for you to have access to our website. 

We do not guarantee that our website, app or other media, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice or liability. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our website, app or other media through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

Uploading Content to Our Website, App or Other Media

Where this website, app or other media allows, such as submitting a chant, a picture, a video, via web page, a blog, bulletin board or chat room (its "interactive services"), you are able to post your own content on this website, app or other media such as your chants, video, audio, comments, stories, pictures, graphics, illustrations, logos, marks, and any other material ("user content").   

Whenever you make use of a feature that allows you to upload user content to our website, app or other media, or to make contact with other users of our website, app or other media, you must comply with our acceptable use standards as set out below. You undertake that any user content you submit complies with those standards, and you will be liable for any loss or damage we suffer as a result of your breach of this obligation.

Any user content you transmit or post on our website, app or other media shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When you transmit or post user content on our website, you grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such user content and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale). We also have the right to disclose your identity to any third party who is claiming that any user content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

The views expressed by other users on our website, app or other media do not represent our views or values and we will not be responsible, or liable to any third party, for the content or accuracy of any user content posted by you or any other user of our website.

We have the right to remove any posting you make on our website, app or other media if, in our opinion, your post does not comply with our acceptable use standards.

Acceptable Use Standards

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive services provided on our website, app or other media, and we will decide in each case whether it is appropriate to moderate the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive services we provide on our website and the user content posted on it, and we expressly exclude our liability for any loss or damage arising from the use of any of our interactive services, or the viewing of any user content.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online and potential risks to them.

When using our interactive services and posting user content you must comply with the spirit of the following standards, which apply to each part of any contribution as well as to its whole.

User content must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

User content must not:

Contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Contain any material which is obscene, offensive, hateful or inflammatory or contain or promote any sexually explicit or violent material, or promote any illegal activity.

Promote discrimination, be threatening or abusive, or invade another's privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person.

Infringe any copyright, database right, trade mark or any other intellectual property right of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour).

Give the impression that it emanates from, is approved or endorsed by or is in any way linked to us, if this is not the case.

We will determine, in our discretion, whether there has been a breach of our acceptable use standards through your use of our website, app or other media and we may take such action as we deem appropriate. 

Failure to comply with these acceptable use standards constitutes a material breach of these terms of use upon which you are permitted to use our website, app or other media, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our website, app or other media.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our website, app or other media and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Legal proceedings against you for reimbursement of all costs and damages (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate. We exclude liability for actions taken in response to breaches of these acceptable use standards. 

No Reliance on Information

The content on our website, app or other media is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our website, app or other media, we cannot guarantee or give any warranty, whether express or implied,  as to the accuracy, timeliness or completeness of any information or material appearing on it.  We have no responsibility for content provided by other users and are merely providing access to such content to you.  We have no obligation to verify or moderate the content of such information nor to edit any such information provided by other users.  We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

Intellectual Property Rights

This website, app or other media and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it ("our content") are protected by copyright, trade marks and other intellectual property rights owned by us or licensed to us. Anyone accessing this website, app or other media is entitled to view any part of it and use it for private non-commercial purposes.  However, our content must not be used nor reproduced (in whole or part) for any other purpose, including on or in connection with another website or publication or for commercial gain, without first obtaining a licence to do so from us.

Viruses

We do not guarantee that our website, app or other media will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not misuse our website, app or other media by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, app or other media, the server on which our website is stored or any server, computer or database connected to our website, app or other media. You must not attack our website, app or other media via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.

This website, app or other media and its content are provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our website, app or other media or any content on it.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our website, app or other media, or use of or reliance on any content displayed on our website, app or other media. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage.

Linking to Our Website, app or Other Media

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided that the website, app or other media in which you are linking must comply in all respects with our acceptable use standards. You must also not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website, app or other media in any website that is not owned by you and our website, app or other media must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission to all users or on an individual basis without notice.

If you wish to make any use of content on our website, app or other media other than that set out above, please contact us via the contact information provided below.

Third Party Links and Resources in Our Website, App or Other Media

Our website, app or other media may contain links to other sites, including via our social media buttons. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website. Once you link to another website from our website you are subject to the terms and conditions of that website, app or other media, including, but not limited to, its Internet privacy policy and practices. Please check these policies before you submit any personal data to these websites.

Changes to These Terms

We may amend these terms of use at any time by posting the amended terms on this website, app or other media. All amended terms will automatically take effect immediately on posting. Please check these terms of use periodically to inform yourself of any changes which are binding on you.

Contacting Us
If you have any questions about these terms of use, please contact us by clicking here, or alternatively at:

Fanchants.com Ltd

Palm Grove House, P.O. Box 438, Road Town, Tortola, British Virgin Islands.

 

 

Version: June 2013

 

 

 

 

 

 

 

 

 

 

 

Last updated Sun 12 Jan.