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These terms and conditions apply to any transaction that occurs on or through the Fan Asylum site. In the event that you came to the Fan Asylum site through referral from an Artist site (e.,g, the Rolling Stones site rollingstones.com), then the terms and conditions of the referring site also apply unless they are inconsistent with the Fan Asylum terms and conditions.
Copyright, Trademarks. The content, music, layout, design, graphics, digital conversion and other matters related to the Fan Sites are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the Fan Sites, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the Fan Sites. The posting of materials on a Fan Site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the Fan Sites may be trademarks of their respective owners.
Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the Fan Sites grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Fan Sites.
Indemnification. You agree to indemnify and hold us and our employees, agents, the Artists, our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of any Fan Site.
Nontransferable. Your right to use the Fan Sites is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer. THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE FAN SITES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE FAN SITES AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH ANY FAN SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits. You acknowledge that use of the Internet or any Fan Site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods or services.
Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links To Other Web Sites. The Fan Sites may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on Fan Sites does not imply approval or endorsement of the linked web site by us. If you decide to leave a Fan Site and access these third party sites, you do so at your own risk.
Submissions. All remarks, ideas, graphics or other information submitted by you to us via any Fan Site will forever become the property of Fan Asylum. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will not be required to treat any submission as confidential, and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting on a Fan Site or other web site, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit, and that you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand that your are responsible for libel, slander or any other tort, for anything to post on our site, and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at various times through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of any Fan Site, we in our sole discretion, may terminate or restrict any user's access to any Fan Site, or to Fan Asylum at any time and without notice.
Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on our site in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, facsimile number, and email address;
(e) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
1250 Folsom St
San Francisco, CA 94103
Attn: Copyright Agent
Both Fan Asylum and the Artist (through, or independent of, the Artist's management) expressly reserve the right to refuse service to anyone for any reason at its, his or her discretion.
Miscellaneous. This Agreement shall be treated as though it were executed and performed in the City of San Francisco, California, and shall be governed by and construed in accordance with the laws of the United States of America and the State of California (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement or a Fan Site shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Fan Site is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Credit Card/Bank Card Authorization Hold of Funds: Authorization hold (also card authorization, preauthorization, or preauth) is the practice within the banking industry of authorizing electronic transactions done with a debit card or credit card and holding this balance as unavailable either until the merchant clears the transaction or the hold "falls off." For bank debit cards, authorization holds can fall off the account (thus rendering the balance available again) anywhere from 1-5 days after the transaction date depending on the bank's policy; in the case of credit cards, holds may last as long as 30 days, depending on the issuing bank.
When a customer places an order, the account and funds available are verified. At this step, the funds are "held" and deducted from the customer's credit limit (or bank balance, in the case of a debit card) but are not yet transferred to the merchant. At the end of the day, the merchant submits the finalized transactions to the credit card processor which begins the settlement process, where the funds are transferred from the customer's accounts to the merchant's accounts. This process is not instantaneous: the transaction may not appear on the customer's statement or online account activity for one to two days, and it can take up to three days for funds to be deposited in the merchant's account.