Terms and Conditions

FANCONTENT.COM

TERMS AND CONDITIONS

Last Revised: JULY 15 2020 (Version 1.1)

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Fan Leads, Inc., a Nevada corporation (the “Company” or “we” or “us” or “FanContent”), and you, the user (“you”, “your” or “User”).

THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS TO AND USE OF THE WEBSITE FANCONTENT.COM AND THE SERVICES PROVIDED THEREON (COLLECTIVELY “FANCONTENT.COM” OR THE “WEBSITE”) AND APPLY GENERALLY TO OUR AFFILIATES, SUBSIDIARIES, AND JOINT VENTURERS. COMPANY PROVIDES THE WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY AND REGULARLY AS IT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.

This Website is provided as an online marketplace platform for connecting freelance writers (“Writers”) with companies in need of written content (“Publishers”). Company and the Website serves as an intermediary between Publishers in need of written content and Writers who are willing to author and deliver such content.

BY REGISTERING, ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE OR SERVICES. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.FANCONTENT.COM/TERMS. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Website shall constitute your acceptance thereof.

1. ACCESS TO THIS WEBSITE. To access the Website, website resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide will be correct, truthful, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the Website, or to any of its resources, and to terminate or suspend your access at any time. Company reserves the right to accept or refuse any users for any reason or no reason. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

If you register on behalf a company, you can only do so if you are authorized by the company to enter into binding agreement (and by entering into this Agreement, you hereby represent and warrant to Company as such). Users may be required to complete “Know your customer” verifications and provide identification documents, proof of address and other documents regarding themselves or the company they are representing.

For Writers, your public profile with be visible by Publishers. Personal information of individuals that are not part of the public profile nor part of the brand and company descriptions are kept confidential. You recognize that the information about brands and company to whom they belong will be accessible to other users on the platform.

2. APPLICABLE USE OF SITE. You may use the Website only for purposes expressly permitted by this Agreement. As a condition of your use of The Website, you represent and warrant to Company that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will not use the Website for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices; (iv) you will comply with all applicable laws regarding your use of the Website; (v) information provided by You is truthful and accurate to the best of your knowledge; and (iv) you will safeguard your Website account information and will supervise and be completely responsible for any use of your account by anyone other than you

Company grants you a limited, nontransferable, non-sublicensable, revocable, nonexclusive license to access and use the Website only as expressly permitted in this Agreement and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law.

Your use of the Website is also governed by our Privacy Policy. Please review our Privacy Policy at www.fancontent.com/privacy.

3. PUBLISHER ACCESS AND USE. The following provisions are specifically directed to Users who will be registering with the Website as Publisher.

Publishers can place orders on the marketplace, specifying the type of content they need and the subject as well as the price per word and the number of words that they need (the “Content Order”). Company will make the Content Order publicly visible to the marketplace of Writers who are registered and active users on the Website. The amount reflected on the publicized Content Order where Writers can commit to fulfilling such Content Order will reflect Publisher’s assigned value for the Content Order less Company’s commission.

In order for the Publisher to place orders, Publisher must first deposit funds with the Company, which are then credited to the Publisher’s Website account. While the account credit balance is considered an advance on future orders, all funds are treated as non-refundable and belong to the Company unless otherwise refunded by the Company as provided for under this Agreement. Any amounts returned to the Publisher under the terms of this Agreement shall reduce the credit balance of the Publisher’s Website account. The credit balance reflected in the Publisher’s Website account is not interest bearing and only usable on future orders. Company is not a bank and the credit account provided under this Agreement system cannot be used to store funds. Company may request a full verification of your identity and payment information. Upon request, you must timely provide us with complete information about yourself and your business. This includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited.

Every Content Order is a binding contract between the Publisher and Company. Publisher represents and warrants that all placed Content Orders are not offensive or meant to be used on or for illegal or offensive websites or other illegal or offensive purposes. All Content Orders are placed on the content marketplace and presented to authors in a manner determined by Company and at Company’s discretion. Company does not guarantee that a piece of content will be delivered by a particular author. Moreover, so long as the Delivered Content (as defined herein) matches the requirements set out in the Content Order (which determination shall be made by Company in its sole and final discretion), Publisher agrees to accept the Delivered Content regardless of the author.

Unless it is cancelled before a Writer commits to it, the Publisher accepts to pay for each Content Order in full. The value of the Content Order will be debited from the publisher’s account balance at the time the Content Order is placed. A Publisher may cancel a placed Content Order and remove it from the marketplace before a Writer has accepted and committed to the Content Order, in which case, Publisher’s account will be recredited (and Publisher may request to have said amount refunded). Once a Writer has accepted and committed to a Publisher’s Content Order, the Publisher can no longer cancel the Content Order. Orders that are ultimately refused by the Publisher may entitle Publisher to a partial refund of the cost of the Content Order, but such refund is at the discretion of Company and subject to Company’s cancellation and refund policies. Any processed refunds will only be made via the original sending payment method. Company cannot forward funds to a third party

Any content created in response to a Content Order belongs to Company or its author unless and until the Delivered Content is accepted by the Publisher for final delivery. Publisher shall not copy or attempt to replicate any content submitted to Publisher for review unless and until Publisher has accepted the Delivered Content for final delivery. Publisher represents, warrants, and agrees that Publisher’s use of the Website and the platform and its review of Delivered Content will be done in good faith.

While editors of the Company will endeavor to review and revise the Delivered Content in order to ensure a minimum degree of compliance with the Publisher’s requirements, this does not guarantee that the Delivered Content will be suitable for the use intended by the Publisher. As we cannot judge from the limited information provided on the Content Order what the end use of the content is, Company does not make any representations or warranties that the Delivered Content will be usable every time or at all.

A Content Order can be made only for authorized brands and Publisher warrants to use any Delivered Content only on that brand’s website or communications. Company reserves the right to accept or refuse the registration of some or all of a Publisher’s brands or website for any reason

Company reserves the right to accept or refuse the placing of some or all of a Publisher’s Content Orders for any reason or no reason. Company reserves the right to close Publisher’s account for any reason and issue a refund of any credit balance in Publisher’s account.

4. WRITER ACCESS AND USE. The following provisions are specifically directed to Users who will be registering with the Website as Writer.

Writers can review the Content Orders on the marketplace and can commit to the authorship and delivery of a particular Content Order by accepting such order. Different Writers may be presented with different orders and/or different prices on the Website marketplace.

Any accepted order from the marketplace becomes a binding contract for content delivery between Writer and Company and Writer must ensure submission of written content (“Submitted Content”) that meets the description and criteria set forth in the Content Order and within the timeframe set forth in the Content Order.

Writer represents, warrants, and agrees that all written content provided by Writer in response to any Content Order will be completely original and does not violate or infringe upon the copyright rights or other intellectual property rights of any third party. The use of “content spinners”, automated content generation software, AI content writing technology or any similar technology that lets a user generate content with only partial or without any human input is strictly prohibited and will result in immediate termination of Writer’s account and confiscation of any balances. In the case of plagiarism, copyright infringement, or any other breach of the Agreement with respect to Submitted Content, any money owed to Writer for such Submitted Content will be void and cancelled.

Some orders require that your real name be published alongside the article. By committing to such an order, you agree to have your real name be published on the brand’s website. In the event Writer chooses to ascribe a “pen-name” or alias to the Submitted Content, Writer agrees that such name shall be original and not to use any name or alias that is offensive or an impersonation of any known figure.

All Submitted Content will be reviewed by the Company’s editors for basic conformity and compliance with the scope and terms of the Content Order. If the Submitted Content is approved by Company’s editors, then the Submitted Content will be delivered to the Publisher (the “Delivered Content”). Writer recognizes that any content delivered to Company, including work in progress or orders that are ultimately not used or published, belong to Company and/or the Publisher which placed the Content Order (for Delivered Content that is accepted by Publisher). Writer agrees to sign, upon request, affidavits or other legal documents confirming the full transfer of all copyright rights in and to any Submitted Content. Company retains the right to refuse any piece of Submitted Content for any reason or no reasons, and no payment will be due unless the Submitted Content is finally accepted as delivered by both Company and the Publisher. In the case of Delivered Content that is nonetheless refused by Publisher, Writer may receive a partial payment for the Delivered Content at the discretion of Company and subject to Company’s cancellation and refund policies.

Payment for Delivered Content is done exclusively through PayPal and Writer must use only a personal account or a company account for which Writer is a beneficial owner. The Company’s website and platform cannot be used as a mean of money transfer. Company may request a full verification of Writer’s identity and payment information. Upon request, you must timely provide us with complete information about yourself and, if applicable, your business. This includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited.

Writer is solely responsible for Writer’s compliance with all applicable tax laws. Company does not make any retentions on behalf of the government or provide any documentation necessary to complete your tax obligations. Writer remains at all time an independent contractor and is never considered an employee of Company. Company does not provide health insurance or any other benefits to Writer

Company reserves the right to accept or refuse Writers or Submitted Content for any reason. Company reserves the right to allow or prevent a specific author or group of authors to committing to a particular Content Order or any Content Order for any reason or no reason.

Company can terminate Writer’s account and this Agreement at any time and for any reason or no reason. In this case, your account balance will be repaid in accordance with Company’s refund policies unless the Agreement was terminated as a result of Writer’s breach of this Agreement, in which case the amount in
Writer’s account shall be voided and may be retained by Company.

Company shall pay Writer any amounts owed under this Agreement on a monthly basis. Company reserves the right to hold back on any payments until such time as Writer has executed and delivered any documentation requested by Company from Writer in connection with the confirmation of the assignment of Writer’s copyrights rights to any Delivered Content to Company.

Any attribution for any Delivered Content will be at the sole discretion of Publisher or Company and Writer acknowledges and understands that Writer will not be entitled to receive any attribution for any Delivered Content and hereby expressly agrees and waives any right of attribution relative to any Delivered Content.

5. WEBSITE CONTENT OWNERSHIP. All content included on this Website (“Website Content”) is and shall continue to be the property of Company and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.

6. OWNERSHIP OF USER CONTENT.
For any and all Submitted Content by Writer to Publisher, Writer assigns, conveys, and transfers to Company all right, title and interest in and to the ownership of such Submitted Content, including all copyright rights. Writer hereby waives any and all moral rights, including the right to identification of authorship or limitation on subsequent modification, that Writer has or may have in any Submitted Content assigned to the Company hereunder. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, Writer agrees to assign such rights as soon as permitted and to execute, from time to time, all documents necessary to confirm such assignment promptly upon request, and hereby irrevocably appoints Company as Writer’s attorney-in-fact for the purpose of executing such assignments in Writer’s name. To the extent that any of the rights assigned herein revert at any time or for any reason to Writer, Writer agrees to assign such rights back to Company without cost.

Following Publisher’s acceptance of the Delivered Content and payment to Writer for such Delivered Content, then Company, upon Publisher’s written request, will execute an assignment agreement which assigns over the right, title and interest in and to the copyrights to the Delivered Content to Publisher. In the event Publisher rejects delivery of the Delivered Content and Writer receives partial payment under the terms of this Agreement, then all right, title and interest in and to the copyrights to the Delivered Content shall remain with Company. In the event that Submitted Content is rejected by Company and Writer receives no payment under the terms of this Agreement, then all right, title and interest in and to the copyrights to the Submitted Content shall automatically revert back to Writer.

7. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame any part of the Website without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. For purposes of these Terms of Use, “framing” refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company

8. NO UNLAWFUL ACCESS. You agree that you will not use the Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party’s use and enjoyment of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Website.

9. PROPRIETARY INFORMATION. All content found on the Website (the “Website Content”) is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Website Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, reproduce, create derivative works or adaptations of, publicly display or otherwise use or in any way exploit any of the Content in whole or in part, without the prior written consent of Company in each instance. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the Website Content are retained by Company.

10. HYPERLINKING. This Website may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Website or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Website.

11. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of the Website to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

12. PERSONALLY IDENTIFIABLE INFORMATION. Company cautions you against giving out any personally identifying information about yourself. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through the Website in accordance with the terms outlined in its Privacy Policy at www.fancontent.com/privacy as well as in conformance with all applicable laws, rules, and regulations.

13. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Website will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Website is necessarily complete and up-to-date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR DELIVERY OF CONTENT THAT INFRINGES UPON ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE, YOUR BREACH OF ANY REPRESENTATION AND WARRANTY IN THESE TERMS OF USE, OR YOUR DELIVERY OF CONTENT THAT INFRINGES UPON ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS

15. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on the Website are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in the Website and do not transfer at any time to User and/or any other third party. Other product and company names mentioned on the Website may be trademarks of their respective owners. All contents of the Website are Copyright © 2020 Fan Leads Inc. All rights reserved.

16. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) 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.

The Company’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:

Copyright Agent:
Fan Leads, Inc.
Attn: Copyright Agent,
1180 N. Town Center Drive, Suite 100
Las Vegas, Nevada 89144 U.S.A.
e-mail: dmca@fanleads.com

17. SECURITY; DISCLOSURE UNDER LAW. Any passwords used for the Website are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, subpoena, or governmental request.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

18. GOVERNING LAW/JURISDICTION. If there is any dispute about or involving these Terms of Use and/or the Website, you agree that any dispute shall be governed by the laws of the State of Nevada, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Clark County, Nevada, in connection with any dispute between you and Company arising out of or involving this Agreement and/or the Website.

19. DISPUTE RESOLUTION
A. Mediation. With the exception of any actions brought for breach of Section 6, 9, and/or 14, in the event of any dispute, claim, question, or disagreement between the Parties arising out of relating to this Agreement or any breach thereof, or the interpretation of any term or condition in the Agreement, or the enforcement of any right or obligation under the same, the Parties shall first attempt to resolve and settle their dispute, claim, question, or disagreement in good faith, through mediation conducted by a mediator to be mutually selected. The Parties shall share the cost of the mediator equally and shall bear their own attorney’s fees, costs, and disbursements arising out of the mediation. If, for any dispute or claim for which this mediation provision applies, any Party commences a legal or arbitration action without first attempting to resolve the matter through mediation or refuses to mediate after a written request has been made, then that Party shall not be entitled to recover attorney fees, even if those fees would otherwise be available to that Party in any such action.
B. Binding Arbitration. With the exception of any actions brought for breach of Sections 6, 9, and/or 14, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement (including any question as to the arbitrability of any such dispute, controversy or claim) or the breach, interpretation, termination or validity thereof shall be settled by final and binding arbitration administered by Judicial Arbitration and Mediation Services/Endispute (“JAMS”), in accordance with its Comprehensive Arbitration Rules & Procedures in effect at the time of the arbitration, except as they may be modified by mutual written agreement of the Parties. The number of arbitrators shall be one. The venue for such arbitration shall be Las Vegas, Nevada. The arbitration shall be administered by the parties and the arbitrator in a manner whereby all of the claims, filings and testimony arising out of the arbitration shall be confidential and not disclosed to any other third parties. The language of the arbitration shall be English. The arbitrator shall apply Nevada law in all substantive rulings. Each Party to the arbitration shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator. The decision of the arbitrator shall be accompanied by a written opinion stating the reasons for the decision. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. ALL PARTIES AGREE TO WAIVE TRIAL BY JURY AND ANY RIGHT TO APPEAL.

THE PARTIES HAVE READ AND UNDERSTAND THIS SECTION 19 OF THIS AGREEMENT WHICH DISCUSSES ARBITRATION. THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EACH PARTY AGREES TO SUBMIT TO ARBITRATION ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH ORTERMINATION THEREOF, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE PARTIES’ RIGHT TO A JURY TRIAL AND RIGHT TO APPEAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIP BETWEEN THE PARTIES UNDER THIS AGREEMENT.

By Your express acknowledgement of having read and accepted these Terms of Use and registering as a User with the Website, You specifically authorize and acknowledge that You have affirmatively agreed to this binding arbitration provision as required under NRS 597.555.

20. MISCELLANEOUS
A. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Website.
C. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
D. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
E. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please report any violations of this Agreement to the Company at support@fancontent.com

If you have any questions regarding this Agreement, please contact us at support@fancontent.com