FanClub Terms & Conditions
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
By using this Site, you represent and warrant that you are at least the age of majority in your territory of residence, or in any event, at least eighteen (18) years of age.
FanClub is not registered as an Exempt Market Dealer in the provinces of Canada, nor is it registered as a broker-dealer in the United States.
To the extent that the services of a Canadian Exempt Market Dealer are required, FanClub works with Silver Maple Ventures Inc., an Exempt Market Dealer in the provinces of British Columbia, Alberta, Manitoba, Saskatchewan, New Brunswick, Quebec, Nova Scotia, and Ontario pursuant to National Instrument 31-103, Registration Requirement, Exemptions and Ongoing Registrant Obligations of the Canadian Securities Administrators. To the extent that the services of a US broker-dealer are required, FanClub works with C2M Securities, a New York-based broker-dealer registered with the United States Financial Industry Regulatory Authority.
FanClub does not provide investment advice, endorsement, analysis or recommendations with respect to any securities, and neither FanClub nor any of its officers, directors, agents and employees makes any recommendation or endorsement whatsoever regarding any securities. Nothing on this website should be construed as an offer, distribution or solicitation of any securities, and FanClub is not licensed as, and does not provide, custodial services. Investment opportunities are only available to pre-qualified individuals or institutions and are offered via exemption from prospectus requirements under applicable laws. No offer or solicitation may be made prior to the delivery of applicable prospectus exemption documents. This Site is provided for informational purposes only, may not be complete, and may not contain certain material information. This Site does not take into account the particular objectives or financial circumstances of any specific person who may view it and the information contained in the Site has been prepared without reference to any particular user's investment requirements or financial situation. The contents of this Site do not constitute financial, legal, or tax advice. Before making an investment, prospective investors are solely responsible and are advised to thoroughly and carefully review offering documents with their financial, legal and tax advisors to determine whether an investment is suitable for them.
FanClub does not operate an exchange or a trading venue, or a facility to permit the dissemination of price quotations for the purchase and sale of securities. FanClub does not act as a market or facility for bringing together orders for securities or derivatives, and does not execute trades on behalf of any person.
No securities commission or other regulatory authority in any country or jurisdiction has in any way passed upon this information and no representation or warranty is made by FanClub to that effect.
4. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Site, 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;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of FanClub or any third party;
- violate the privacy of any individual, including users of the Site; or
- violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
Unless you have been specifically permitted to do so in a separate agreement with FanClub, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any FanClub products and services for any purpose.
Certain areas of the Site are available only to users who have been authorized by FanClub to access them. By accessing these portions of the Site and viewing its Contents, you agree to keep all such materials confidential. You agree not to disclose or otherwise provide any material obtained from the Site, to any person. Any non-confidential use must be authorized in writing and in advance by FanClub.
5. User Generated Content
You acknowledge and agree that to the extent that you generate content, you will be solely responsible for any content posted to the Site by you, including any events, news items, photos, videos, or comments (“User Content”). FanClub will not be liable in any way for any such User Content submitted. You further agree that you will not:
- submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
- submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any
- infringement of copyright, trademark or other proprietary rights;
- submit any User Content which contains a virus or other harmful components;
- engage in activity that interferes with or disrupts the use of the Site by other users;
- submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities; or
- make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity.
You agree that no User Content submitted by you to the Site will:
- violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
- be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party; or
- disparage the products or services of any third party.
FanClub does not pre-screen, monitor or edit User Content posted or submitted to the Site. However, FanClub reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
You may be exposed to User Content on the Site that is inaccurate, incomplete or unsuitable. Please notify FanClub (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and FanClub will take appropriate action. FanClub will ensure that any offending comments are removed, and take appropriate action against the offender. FanClub will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
FanClub may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. FanClub will not be responsible for any User Content deleted by FanClub or otherwise, or for your inability to submit any User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to FanClub are non-confidential and shall become the sole property of FanClub which owns exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
7. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of FanClub, and FanClub is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by FanClub of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that FanClub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
8. Privacy and Personal Information
9. Intellectual Property Rights
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of FanClub or its owner if FanClub is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
10. Electronic Signatures
At certain times during your use of the Service, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. You may also be asked to employ an S-Signature – a set of alphanumeric and/or non-alphanumeric characters of your own choosing, inserted between forward slash marks – to complete certain acknowledgements, agreements and/or instructions. In each such instance, you agree that your clicking on the appropriate box, tab, or other link, or your use of an S-Signature, constitutes an electronic signature for the purposes of your use of the Service. The electronic record thereof will be considered conclusive evidence of you having accepted, declined, or otherwise acknowledged such matter, absent manifest error by FanClub.
11. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by FanClub on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of FanClub. FanClub DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
12. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, FanClub AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FanClub FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FanClub, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, AND YOU HEREBY RELEASE FanClub FROM ANY AND ALL CLAIMS OR ACTIONS ARISING FROM YOUR AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE.
THE LIMITATIONS ON FanClub’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT FanClub HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with FanClub, you may do so by closing your account, where FanClub has made this option available to you.
FanClub may at any time, terminate your use of the Site if:
- FanClub is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
- the partner with whom FanClub offered the services to you has terminated its relationship with FanClub or ceased to offer the services to you; or
- the provision of the Site to you by FanClub is, in FanClub’s opinion, no longer commercially viable.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.
17. Obtaining FanClub's Consent