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Terms Of Service

TERMS OF SERVICE – Fanpage Competitions (‘Fanpage’)

Your relationship with Fanpage
Your use of Fanpage’s products, software, services and web site (collectively ‘the Services’) is subject to the terms of a legal agreement between you and Fanpage. This document explains how the agreement is established and sets out some of the terms of that agreement (‘the Terms’). These terms form a legally binding agreement between you and Fanpage in relation to your use of the Services. It is important that you take the time to read them carefully.

Acceptance of the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You accept the Terms by actually using the Services and you acknowledge and agree that Fanpage will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Fanpage, or if you are a person barred from receiving the Services under relevant legislation.

Our Services
You accept that:
1)    the form and nature of the Services which Fanpage provides may change from time to time without prior notice to you.
2)    Fanpage may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Fanpage’s sole discretion, without prior notice to you.
3)    if Fanpage disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content contained in your account.
4)    while Fanpage may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Fanpage at any time, at our discretion.

Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You warrant that any registration information you give to Fanpage will always be accurate, correct and up to date. You agree to use the Services only for purposes permitted by the Terms and by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree:
1)    not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fanpage, unless you have been specifically authorised to do so in a separate agreement with Fanpage;
2)    that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
3)    that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose;
4)    that you are solely responsible for (and that Fanpage has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Fanpage or any other party may suffer) of any such breach.

Your passwords and account security

•  You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and are solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Fanpage immediately.

•  You must not give out your password or username to another person to access your Account and use Services provided by Fanpage.  Such actions will result in your Account being closed immediately.

Payment, refunds, upgrading, and downgrading terms:
•    An upgrade from the free starter kit plan to any paying plan will end your free trial. You will be billed immediately upon upgrading.
•    You may ask for a full refund of all monies paid within the first 30 days of entering into this Agreement if you are not completely satisfied with the training and services provided.
•    There will be NO REFUNDS or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused AFTER the initial 30 day period.
•    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only income and capital gain taxes.
•    For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
•    Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Fanpage does not accept any liability for such, or any,  loss.

Cancellation and Termination
•    All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered after your account is cancelled.
•    If you cancel the Service your cancellation will take effect immediately and you will not be charged again. There are no partial month payments and no refunds after the 30 day refund period.
•    Fanpage has the right to suspend or terminate your account and refuse any and all current or future use of the Fanpage Services, for any reason or no reason at all, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Fanpage reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership
•    All content posted on the Service must comply with Australian copyright law.
•    We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
•    Fanpage does not currently pre-screen Content, but reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and acknowledge, that you use the Services at your own risk. We may, but have no obligation to, remove Content that we consider in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to violate any party’s intellectual property or these Terms of Service.
•    The look and feel of the Service is copyright ©Fanpage Competitions. All rights reserved.

Proprietary rights
You acknowledge and agree that:
1)    Fanpage (or its licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Fanpage, nothing in the Terms gives you a right to use any of Fanpage’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
2)    ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Services are and shall remain with Fanpage. You are acquiring only the right to use the Services under these outlined terms, and you are not acquiring any ownership rights or title in or to the Services or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the Services, either express or implied.

Privacy and your personal information
For information about Fanpage’s data protection practices, please read Fanpage’s privacy policy at http://fanpagecompetitions.com/privacy-policy. This policy explains how Fanpage treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Fanpage’s privacy policies.

General Conditions
•  You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the Content.
•  You should be aware that Content presented to you as part of the Services (including but not limited to advertisements in the Services and sponsored Content within the Services) may be protected by intellectual property rights which are owned by sponsors or advertisers who provide that Content to Fanpage (or by other persons or companies on their behalf).
•  You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorised to do so by Fanpage or by the owners of that Content, in a separate agreement.
•  You agree that you are solely responsible for (and that Fanpage has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which you may suffer) by doing so.
•   Technical support is only provided to paying account holders of Fanpage, and is only available via email.
•   You understand that Fanpage uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
•   You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks, and subject to changes to conform and adapt to technical requirements of connecting networks or devices.
•   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written consent of Fanpage.
•    Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Fanpage customer, employee, member, or officer will result in immediate account termination.
•    You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages, or  transmit any worms or viruses or any code of a destructive nature.
•    You must not modify, adapt or hack the Services or modify another website so as to falsely imply it is associated with the Fanpage.
•    If your bandwidth usage exceeds the average bandwidth usage (as determined in our sole discretion), we reserve the right to immediately disable your account or throttle your file hosting until you reduce your bandwidth consumption.

No Warranty
Fanpage does not warrant that:
1)    the service will meet your specific requirements,
2)    the service will be uninterrupted, timely, secure, or error-free,
3)    the results that may be obtained from the use of the service will be accurate or reliable,
4)    the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or
5)    any errors in the Service will be corrected.

Facebook Integration
Due to the nature of our Services integration with Facebook and the services provided, Fanpage is subject to the rules, policies and technology of Facebook, and its sole determination of how to interpret and apply those rules and policies.
•    Fanpage is not affiliated with Facebook and it is possible that Facebook may change its rules, policies and technologies so that the Software Application(s) no longer functions in the same manner, or at all.
•    Fanpage gives no warranty that Facebook will not take such action. In the event of such changes, if we consider it commercially and reasonably practical, we will attempt to update or revise the Services so as to provide the same or substantially similar functionality as provided before such changes.

You expressly understand and agree that Fanpage shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fanpage has been advised of the possibility of such damages) resulting from:
(1)    the use or the inability to use the Service;
(2)    the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(3)     unauthorized access to or alteration of your transmissions or data;
(4)     statements or conduct of any third party on the service;
(5)     or any other matter relating to the Service.

If our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the Software Application. We will not be responsible for lost data. You are urged to maintain copies of all content submitted by you for your own protection.

License from Fanpage
Fanpage grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the training and software provided to you by Fanpage as part of the Services provided to you by Fanpage, for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by Fanpage, in the manner permitted by the Terms. You may not (and you must not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Fanpage a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. You agree that this licence includes a right for Fanpage to make such Content available to other companies, organizations or individuals with whom Fanpage has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You confirm and warrant to Fanpage that you have all the rights, power and authority necessary to grant such licence.

Fanpage Competitions can be contacted by using the Contact Us – link at the bottom of this page or by writing to PO Box 5667, Maroochydore Qld 4558 Australia.


Last modified 6 August 2012

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