Fanskrit Terms of Use

Fanskrit Terms of Site

This website, including the features and services available from the site, (collectively the “Site”) is an interactive on-line service provided by Thinking Fan Design, LLC (“TFD”). These Terms of Site, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site (collectively the “Agreement”) and the Fanskrit Privacy Policy, set forth the terms and conditions that apply to your use of Fanskrit.com.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY (available at www.fanskrit.com), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

• ACCESS TO THE SERVICE AND CREATING AN ACCOUNT

• In order to use or access the Site, you must affirm that (a) you are 13 years of age or older; (b) if you are 18 years of age or over, that you have read, understood, and accept to be bound by this Agreement, and (c) if you are between 13 and 17 years of age, that your legal guardian has reviewed and agrees to this Agreement.

• If you are accessing the Site through a social networking service (“SNS”), such as Facebook, you may be required to have an account with the SNS through which you connect to the Site. You agree to comply with the SNS’ terms of use as well as this Agreement.

• For accounts created directly with TFD, you agree to provide TFD with accurate and complete information as required by registration for the Site. You are solely responsible for managing your account and agree to keep your customer registration data current at all times. Your password should be kept strictly confidential to prevent unauthorized use.

• The collection and use of your account information, whether extracted from an SNS or created directly with TFD, is subject to our Privacy Policy. You agree that TFD may use your account information and other data related to your use of the Site as provided in our Privacy Policy.

• LIMITED LICENSE TO USE THE SITE

• Subject to your compliance with this Agreement, TFD grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Site, solely for your personal, non-commercial use.

• You agree not to (i) use the Site for any use or purpose other than as expressly permitted by this Agreement; (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or any portion thereof, except as expressly permitted in this Agreement; (iii) use the Site for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Site; or (iv) remove any proprietary notices or labels in the Site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TFD or its licensors, except for the permissions and rights expressly granted in this Agreement.

• The terms of this Agreement apply to all upgrades and updates to the Site provided by TFD, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.

• TFD reserves the right to refuse any user access to the Site without notice for any reason, including, but not limited to, a violation of this Agreement.

• PROPRIETARY RIGHTS

• Except for User Submissions (defined below), all content and materials comprising the Site, including without limitation, software, computer code, artwork, graphics, video, photos, animations and sounds, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”), as between you and TFD, are owned by TFD or its licensors. All other trademarks, service marks, trade names and logos used on the Site, with or without attribution, are the property of their respective owners.

• You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws of the United States and similar laws of other jurisdictions. TFD reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Content and Marks. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using or accessing the Site.

• REVIEWS, COMMENTS AND SUBMISSIONS

• Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such User Submissions. All User Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

• In addition to the rights applicable to any User Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Submissions or content. We may, but shall not be obligated to, remove or edit any User Submissions (including comments or reviews) for any reason.

• TFD expressly disclaims any and all liability in connection with User Submissions. TFD reserves the right to remove User Submissions in its sole discretion and without prior notice.

• DESIGN/IDEA SUBMISSIONS AND CONTESTS

If you submit material as a design or design idea for commercial use by TFD, you grant the additional rights set forth in the Design Submission Rules and Design Idea Submission Rules that are incorporated herein by this reference.

• RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state and national laws and regulations. You shall not use, allow, or enable others to use the Site, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, vulgar, indecent, or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

• affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Site;

• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”;

• unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

• create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

• gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site;

• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or

• use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement.

• THIRD PARTY SERVICES

• The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TFD of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

• You acknowledge and agree that your access to and use of any third party content and services and any correspondence or business dealings between you and any third party using the Site are governed by and may require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.

• DISCLAIMER OF WARRANTY

Your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TFD AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site or any content thereon. TFD will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, or any Content. You also agree that TFD has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TFD or through the Site, will create any warranty not expressly made herein. FURTHERMORE, YOU ACKNOWLEDGE THAT TFD and, if applicable, any mobile device provider HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SITE.

• LIMITATION OF LIABILITY

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TFD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; (iv) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH); AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TFD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

• YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TFD RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CEASING USE OF THE SITE (AND UNINSTALLING THE APPLICATION, IF APPLICABLE). IN THE EVENT A COURT AWARDS DIRECT DAMAGES DISPUTE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT YOU PAID TO TFD FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

• INDEMNIFICATION

• Upon TFD’s request, you agree to defend, indemnify and hold harmless TFD, its licensors and TFD affiliates, contractors, vendors, and content providers (“Indemnified Parties”) from all liabilities, claims, demands, costs and expenses, including attorneys’ fees, that arise from or relate to a breach of this Agreement for which you are responsible or in connection with your use of the Site. If, despite the personal nature of the licenses granted to you under this Agreement, you allow any individual to use the Site, or provide to any individual any information received via the Site, you agree to inform such individual of the existence and provisions of this Agreement, which shall be binding upon such individual, and you agree to hold harmless, indemnify and defend the Indemnified Parties from any and all liabilities, claims, demands, costs and expenses, including attorneys’ fees, related to such individual’s use of the Site.

• TFD reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to TFD in that matter.

• TERM AND TERMINATION

TFD may, under certain circumstances and without prior notice, immediately terminate your account and access to the Site and any other TFD services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Site or any other TFD product. Termination of your account includes: (a) removal of access to all pages within the Site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in TFD’s sole discretion and that TFD shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.

• CHANGES TO THIS AGREEMENT

TFD reserves the right, in its sole discretion, to modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately or, where required by law, 30 days after their publication in connection with the Site. TFD may notify you of any such changes by posting the notice of such changes on the TFD website or sending notice via other means. Your continued use of the Site after any changes or modifications to this Agreement are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Site.

• PRICES, SHIPPING AND TERMS OF SALE

Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at TFD’s discretion. TFD may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by TFD. Title and risk of loss for all products ordered by you shall pass to you on TFD’s shipment to the shipping carrier. TFD reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

• GENERAL

• This Agreement states your entire agreement with TFD regarding the use of the Site. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

• No delay or failure to take action under this Agreement shall constitute any waiver by TFD of any provision of this Agreement.

• This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with TFD or affiliates or relating in any way to your use of the Site resides exclusively in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois, Cook County, in connection with any such dispute.

• Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

• Sections 8-10 (warranty, limitation of liability and indemnity provisions) of this Agreement, as well as all obligations and restrictions placed upon you by this Agreement, shall survive termination of the Site.

• This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TFD without restriction.

• CONTACTING US

If you have any questions about this Agreement, or the practices of TFD’s Site, please contact us at help@fanskrit.com or write to us at:

Thinking Fan Design, LLC
c/o Customer Site
Thinking Fan Design LLC
1158 W. Armitage Avenue, #305
Chicago, IL 60614