BACKGROUND:
This agreement applies as between you, the User of this Website and Mobile Application and Digital Fan Clubs USA, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“ACCOUNT”
means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“CONTENT”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Platform;
“FREE CONTENT”
means any Content that is accessible without the payment of a Subscription Fee;
“DIGITAL FAN CLUB PLATFORM”
means Digital Fan Clubs USA 8101 Biscayne Blvd. Suite 520 Miami, Florida 33138, United States
“PAID CONTENT”
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
“SERVICE”
means collectively any online facilities, tools, services or information that Digital Fan Clubs makes available through the Website or Application either now or in the future;
“PLATFORM”
means any online communications infrastructure that Digital Fan Clubs makes available through the Website or Application either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links
“USER” / “USERS”
means any user of any Digital Fan Clubs site or application who is not employed by Digital Fan Clubs;
“WEBSITE” / “MOBILE APPLICATION”
means the artist website that you are currently using (www.refaid.com, www.trellyz.com), any sub-domains of this site, and the Refugee Aid mobile app unless expressly excluded by their own terms and conditions
2. INTELLECTUAL PROPERTY
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website and Mobile Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Digital Fan Clubs, our affiliates or the Artist whose Web Site and Mobile Application is being powered by Digital Fan Clubs. By continuing to use the Platform you acknowledge that such material is protected by applicable United States and International intellectual property and other laws and any use of this material, unless approved with express legal consent, must comply with all said the Copyright law of the user’s jurisdiction.
3. USE OF FREE CONTENT
You may not claim ownership of any Content you do not own, Free or otherwise. Specifically you agree that:
3.1 You agree that you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database;
4. THIRD PARTY INTELLECTUAL PROPERTY
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
5. LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Digital Fan Clubs or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.refaid.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Digital Fan Clubs. To find out more please contact us by email at [email protected].
7. ACCOUNTS
7.1 In order to access Content on this Website and to use the Web Site or Mobile Application facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
7.1.1 your creation of an Account is further affirmation of your representation and warranty.
7.2 Sharing of accounts is not permitted. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
7.3 When choosing your Username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
8. TERMINATION
Either Digital Fan Clubs or you may terminate your account and (where relevant) your subscription. If Digital Fan Clubs terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9. PRIVACY
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
10. GENERAL TERMS
10.1 We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
10.2 Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
10.3 The Terms contain the entire agreement between you and us regarding the use of the Digital Fan Clubs and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
10.4 Any failure on Digital Fan Clubs’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
10.5 If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
10.6 The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Digital Fan Club’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
11. DISCLAIMERS
11.1 Digital Fan Clubs makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Digital Fan Clubs makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.4 Commercial use of the information on this Website is not permitted, however Digial Fan Clubs makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.5 Whilst every effort has been made to ensure that all descriptions of services available from Digital Fan Clubs correspond to the actual services available, Digital Fan Clubs is not responsible for any variations from these descriptions.
11.6 Whilst Digital Fan Clubs uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
11.7 Digital Fan Clubs expressly disclaims all warranties whether express or implied including warranties as to the products or services offered by Digital Fan Clubs’ Affiliates, and implied warranties of merchantability, fitness for particular purpose, and non-infringement. No oral or written information provided to you by Digital Fan Clubs or an affiliate shall create a representation or warranty.
12. AVAILABILITY OF THE WEBSITE AND MODIFICATIONS
12.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 Digital Fan Clubs accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 Digital Fan Clubs reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. LIMITATION OF LIABILITY
13.1 Digital Fan Clubs’ liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Digital Fan Clubs accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
