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TERMS & CONDITIONS
- Purpose and Scope:
- Californication Fan Fiction And Forum, part of Fandom Entertainment LLC's myFandoms.com network of fan sites,
is a community website for fans of television shows, movies, books, video
games, and other media, to build their own "fandoms" of fan fiction, creative
writing, fan art, audio, video, and other content.
- This Terms
of Service Agreement ("TSA") governs services and content provided by
Myfandoms.com (as defined below), as well as any content posted by members and
guests of Myfandoms.com. This is a legally-binding document, and is an
enforceable contract between Myfandoms.com and its members and guests.
- Members
and guests should read this document carefully and be sure they understand all
of the provisions contained within the document. Members and guests will be
asked to signify their acceptance of the terms and conditions of use set forth
in this document at the time that they either (1) register as a member, or (2)
log in as a guest without registering.
You may request a copy of this TSA by sending an email to contact us.
- Definitions
- "Myfandoms.com",
"The Site", or "We" means and refers to the Myfandoms.com website (www.myfandoms.com), its
affiliate sites (including the site identified in Paragraph I(A)), and any Services or Site-Generated Content offered by
Fandom Entertainment, LLC, Myfandoms.com, and/or affiliate sites on a continuous or periodic basis.
- "Services" means and refers to applications or features offered by Myfandoms.com,
including, but not limited to, Member Profiles, Instant Messaging, Blogs,
Message Boards, Chat, Private Message, and/or Crush.
- 'Site-Generated
Content' means and refers to any content posted on the Site that is
generated by the Site, including, but not limited to, news articles,
editorials, photographs, video clips, music clips or audio files.
- 'User'
or 'Users' means and includes persons or entities who use Services or
Site-Generated content, and fall into one of the two following categories:
- 'Member' means and refers to a person or entity who has registered with the Site, and
may therefore access all Services and Site-Generated Content.
- 'Guest' means and refers to a person or entity who has not registered with the
site, but who wishes to access site Services and/or Site-Generated Content.
The Site reserves the right to restrict Guest access to Services and/or Site-Generated Content.
- 'User-Generated
Content' means and refers to any content posted or published on the Site by
any Member or Guest, including, but not limited to, fan fiction stories,
creative writing posts, blogs, message board/forum posts, chat room discussion,
videos, audio, or photographs.
- 'Content' means and refers to Site-Generated Content and User-Generated Content, as
defined above
- Acceptable Use of Myfandoms.com Services
- This TSA
constitutes the Site's policy for permissible use of the Myfandoms.com Services
and Site-Generated Content available on the Site. It also governs your rights
and obligations, and any applicable restrictions, regarding a User's use of the
Site's Services, Site-Generated Content, and User-Generated Content.
- In order
to fully utilize the Site's Services, Site-Generated Content, and
User-Generated Content, you may be required to download software, download
Content, and/or agree to additional terms and conditions of use. You will be
specifically notified of any such requirements before any software and/or
content are downloaded. You will also be notified of any additional terms or
conditions of use of particular Services or Content. Should you decline these
additional terms or conditions, you will not be allowed to access the
particular Services or Content in question. If you agree to the additional
terms and conditions, they shall become part of and are incorporated into this
TSA, and shall be binding on the User as well as the Site.
- Users may
not post any photographs, video, or other images containing nudity, obscene,
lewd, violent, harassing, or otherwise objectionable subject matter. However,
there is no prohibition against the posting of inaccurate material in a
User's profile, and Myfandoms.com is not responsible for inaccurate information,
or for the posting of User-Generated Content containing obscene, lewd, violent,
harassing, or otherwise objectionable subject matter.
- The Site
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by any User, or to restrict, suspend,
or terminate a User's access to all or any part of the Services or Content at
any time, for any or no reason, with or without prior notice, and without
liability.
- Any
Member or Guest who believes that another Member or Guest is violating Section
C by posting obscene, lewd, violent, harassing, or otherwise objectionable
subject matter should immediately notify the Site by sending an email to contact us, or by clicking
on the 'Report Inappropriate Content' link which appears on the bottom of any
page on the Site.
- Copyright.
- All
Members warrant that they own the copyright to any and all User-Generated
Content they post to the Site. Members are solely responsible for ensuring
that they do not violate applicable copyright laws, and shall be solely liable
for copyright violations resulting from User-Generated Content. Each member
agrees to indemnify and hold harmless MyFandoms.com from any copyright,
defamation, or other actions related to User-Generated Content posted by that
Member.
- MyFandoms.com
abides by the Digital Millennium Copyright Act. Anyone who believes their
copyright has been violated and posted at MyFandoms.com may report the violation
to our Legal Department in any of the following ways:
- Via
electronic mail to contact us.
- Via
facsimile to 309-439-3983
- Via
United States Postal Service first class mail to:
Fandom Entertainment LLC
PO Box 653
Whitehouse Station, NJ 08833
- All
reports of copyright violations must include the following information:
- A
description of the location on the MyFandoms.com Site where the copyright
infringement can be found. If at all possible, please include a url and
screenshot or printout.
- A
detailed description of the copyrighted material which you claim has been
infringed, including, if possible, the url or other source where the original,
copyrighted material can be found.
- An
electronic or original, physical signature of the copyright holder or the
copyright holder's authorized agent.
- Complete
contact information for the holder of the copyright, or the copyright holder's
authorized agent, including mailing address, telephone number, and email
address.
- A
written statement by the copyright holder or authorized agent that he/she has a
good faith belief that the posted content is not authorized by the owner of the
copyright, his/her/its agent, or the law.
- A written statement by the copyright holder or authorized agent, under
penalty of perjury, that the information contained in the notice of copyright
violation is accurate, and that the person making the report is either (a) the
copyright holder, or (b) the authorized agent of the copyright holder,
authorized to act on the copyright holder's behalf.
- General Terms and Conditions
- Eligibility
for Membership:
- All
Users represent that they satisfy the following eligibility requirements:
- At
least 14 years old. Myfandoms.com reserves the right to terminate or suspend
the account of any User believed to be under 14 years old, without warning.
- Membership
in myfandoms.com does not violate any law where the User resides.
- User
warrants that all information provided in connection with the registration process
is accurate and truthful. User further agrees to update his or information on
an ongoing basis to maintain the accuracy of User's registration information.
- Term/Duration
of TSA: This TSA shall remain in full force and effect for the duration of
any User's use of the Myfandoms.com Services or Content.
- A
User may terminate his or her membership at any time, for any reason. In order
to terminate an account, the User must follow the instructions found on the
Account Settings page.
- The
Site may terminate or suspend a User's membership at any time, without
warning.
- When
a User's account is terminated, whether by the User or by the Site, the terms
and conditions of this TSA shall remain in full force and effect.
- Fees:
Myfandoms.com does not presently charge for use of its Services and Content.
- In
accepting this TSA, you acknowledge that the Site reserves the right to charge
Users for access to the Site's Services and Content, and/or to change its fees
from time to time in its sole discretion, and with 30 days notice.
- If
the Site terminates a User's access to the Site based on the User's breach of
the terms and conditions of the TSA, the User shall not be entitled to a refund
of any unused portion of subscription fees.
- In
order to access some portions of the Site's Services or Content, you may be
required to register an account with one or more third party sites or
providers. These third party sites or providers may require subscription fees
of their own, and are governed by the terms and conditions of the third party
site.
- Permissible
Use:
- Personal
Use Only. The Services and Content provided on Myfandoms.com are for the personal use of Members and Guests. The Site Services and Content many not be used in
connection with any commercial ventures unless specifically approved and
endorsed in writing, in advance, by Myfandoms.com.
- No
Unauthorized Solicitation or Linking. Unless explicitly authorized by the
Site in advance, in writing, commercial advertisements, links to commercial
sites, or any other form of solicitation are expressly prohibited. The Site
reserves the right to remove any such advertisements, links, or other forms of
solicitation from Member profiles without warning, and to suspend or terminate
the account of any User.
- Culling
of Information. Illegal and/or unauthorized use of the Site Services and
Content, including, but not limited to, collection of Member Names, email
addresses, Instant Messaging User Names, or Members' personal websites by
electronic or any other means for the purposes of sending unsolicited email,
unauthorized framing of the Myfandoms.com Site, or unauthorized linking to the
Myfandoms.com site is strictly prohibited. Any User found to be engaging in
such practices may have their account suspended or terminated without warning.
- Privacy Policy
- Password:
All Members will be asked to choose a password at the time their account is
created. Members are solely responsible for maintaining the confidentiality of
their password.
- All
Users agree not to use the username, password, or account of another Member at
any time.
- All
Members agree not to disclose their own password or the password of another
member to any third party at any time.
- All
Members agree to notify Myfandoms.com immediately if any unauthorized
account or password access is suspected.
- All
Members are solely responsible for any use of their account by any third party,
whether authorized or unauthorized.
- Although
Myfandoms.com is a privately-operated website, the information posted on the
Site may be accessed by the public. Accordingly, Members are advised to
exercise caution when posting information to Myfandoms.com.
- A Member's
profile should not include any of the following information:
- The
Member's telephone number(s);
- The
Member's street address(es);
- The
Member's last name(s);
- You may
request a copy of the Site's Privacy Policy by contacting us.
- Integration, Modification and Other Terms
- Myfandoms.com
reserves the right to modify this TSA from time to time. Any such modification
shall be effective upon posting at the Site by myfandoms.com. Users agree to
be bound by any changes, amendments, additions, or deletions to this TSA when you use the Site Services or Content after any such modification has been posted. Users
are strongly advised to review the TSA periodically to ensure that they are
up-to-date on the Site's terms and conditions.
- Violation of Terms of Service by Users
- Any User
found to be in violation of these terms of service may have their account
suspended or terminated without advance notice. All decisions of the Site in
regards to account suspensions and/or terminations are final.
- The Site
further reserves the right to take any necessary and appropriate legal action
relative to unauthorized and/or illegal use of Site Services and/or Content.
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