These terms and conditions govern access to and use of (a) all services made available by 15 Seconds of Fame, Inc. (“15SOF”) in connection with 15SOF’s provision of goods and/or services under the brand 15 SECONDS OF FAME® through mobile apps (including the “15 Seconds of Fame” app), websites (including 15sof.com and 15SecondsofFame.com) and/or other electronic methods of communication (all the foregoing, collectively, the “15SOF Services”); and (b) all services made available by 15 Seconds of Fame Live, LLC d/b/a Fanthropic (“Fanthropic”) in connection with Fanthropic’s provision of goods and/or services under the brand FANTHROPIC® through mobile apps (including any stand-alone “Fanthropic” app or module within the “15 Seconds of Fame” app), websites (including fanthropic.com) and/or other electronic methods of communication (all the foregoing, collectively, the “Fanthropic Services”).
15SOF and Fanthropic (individually and/or collectively, as applicable to each entity, the “Companies”, or sometimes referred to herein as “we”, “us” or like verbiage) are affiliated entities and make their respective services (the 15SOF Services and Fanthropic Services, collectively, the “Services”) available conditioned upon your acceptance of all of the terms, conditions, policies, and notices set forth herein (these “Terms”).
NOTICE: THESE TERMS ARE LEGALLY BINDING, AND INCLUDE WITHOUT LIMITATION A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ ALL SUCH AND OTHER TERMS CAREFULLY.
YOU ACKNOWLEDGE AND CONFIRM YOUR AGREEMENT TO THESE TERMS BY ACCESSING AND/OR USING THE SERVICES; PROVIDED THAT YOU MUST HAVE A PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS WITH YOU AND AGREE TO THEM ON YOUR BEHALF IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANIES (AGE 18 IN MOST STATES). DO NOT ACCESS AND/OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
15SOF operates through its mobile application branded under the mark 15 SECONDS OF FAME®. An individual user (subject to applicable age restrictions and/or other eligibility requirements set forth herein) may sign up for the application without charge by entering his or her name, e-mail address, date of birth (and/or any other information which may be requested or required), with upload of a photograph of such individual (a “selfie”). 15SOF licenses content from various sports, entertainment and/or other events (including without limitation content from live television feeds and/or in-venue displays) and uses facial matching technology to identify registered users depicted in such content. 15SOF is designed to forward its users short clips (typically up to 30 seconds) of content in which the user appears. Clips may contain advertising material (either by way of watermark, pre-roll footage, post-roll footage and/or otherwise), including advertising material which may be targeted to the user based upon information known about such user. Clips may be designed for sharing by the user through one or more of the user’s own social media platforms. By your acceptance of these Terms, you are agreeing (without limitation) to permit 15SOF to make any and all uses necessary or reasonably desirable to perform and provide such and other 15SOF Services.
Fanthropic operates under the mark FANTHROPIC®, which may be part of a stand-alone mobile app and/or embedded as a module within mobile apps offered by 15SOF. The Fanthropic Services include a platform designed to facilitate philanthropy that awards fan experiences via random chance drawing. As part of the Fanthropic Services, you will be provided with services that may include information, games, promotions, links to other websites and other computer services that Fanthropic may decide to offer, subject to these Terms. Certain elements of the Fanthropic Services, such as games or promotions, may be subject to terms, conditions and/or other operating rules in addition to these Terms which will be available through the applicable platform under which the Fanthropic Services are offered. Your use of such portion of the Fanthropic Services shall constitute your agreement to be bound by such terms, conditions and operating rules in addition to these Terms. In the event of a conflict between these Terms and the terms of any other such applicable operating rules, the terms of the operating rules shall govern to the extent of such conflict.
II. PERMITTED USE OF THE SERVICES
We do not allow use of the Services by persons under 13, and any person under 13 is not permitted to use the Services. Persons who are at least 13 years old but under 18 years old may use the Services only with the express consent and supervision of a parent or legal guardian who legally agrees for your use to be bound by these Terms. By using the Services without the express consent of a parent or legal guardian, you certify that you are 18 years of age or older. We do not intentionally collect personal information about children under the age of 13 and do not sell products to children. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is at least 13 years old but under 18 years old, be advised that you are fully responsible for the child’s use of the Services. If you do not agree to (or cannot comply with) these Terms in their entirety, do not use the Services and do not permit any child to use the Services.
Personal, Noncommercial and Lawful Use
The Services are for your personal, noncommercial and lawful use. As a condition to your use and continued use of the Services, you warrant to the Companies that you will not use the Services for any purpose that is prohibited by these Terms or unlawful.
You represent and warrant that all registration and/or other information you at any time provide through the Services must be truthful and accurate. You represent that any photograph you upload to the system is a photograph accurately depicting the registered user with the registered user’s express consent to such use.
Mobile and Other Portable Devices
Please be aware that your carrier’s normal data rates and fees apply. You are responsible for all charges (e.g., telephone and internet) associated with connecting to the Services through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access device, necessary to access the Service.
III. LICENSE RIGHTS
By your use of the Services, you grant the Companies the perpetual, transferable, sublicensable and royalty-free right to use your name, image and likeness if and as you appear in any content licensed by the Companies on and/or in connection with operation, advertising, marketing and promotion of the Services and/or advertising, marketing and promotion of any brand, company, good or service with which the Companies may at any time conduct any form of business. Without limiting the foregoing, you expressly waive any claim you otherwise may have to rights of privacy and/or publicity in connection with your appearance at any public event from which the Companies license content.
Except for material in the public domain under United States copyright law, the Services, in their entirety, including all application and website design, computer programs used to generate the application and website pages, software (see below), HTML code, Java applets, Active X controls and other code, website or mobile application design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and the selection, arrangement, coordination, enhancement and presentation of said elements, and all other intellectual property rights (including service marks, and trademarks) in, on, and to the Services (collectively, “Materials”) are the sole property of the Companies and/or their licensors or content suppliers and are protected by United States and foreign copyright laws. By using the Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in these Terms or through the use of the Services shall be construed as granting you a license to use such Materials under any copyright, service mark, trademark, patent or other intellectual property right of the Companies or any third party, except if and as expressly set forth and granted in these Terms.
Except if and as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any Materials contained on the Services without the prior consent of the copyright owner. None of the Materials contained on the Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the Companies. Violation of this provision may result in severe civil and criminal penalties. You may not transfer to or store any data residing or exchanged using the Services in any electronic network for use by more than one user unless you obtain prior written permission from the Companies.
You are granted a non-exclusive, non-assignable and non-transferable license to use the Services, only on and subject to the Terms. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Services.
The Services may offer you the ability to download Materials from the internet or via mobile application. You may only download Material from the Services for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Services in general. In the event that you download Material from the Services, such Material is licensed to you by the Companies solely for the purposes permitted under these Terms, and the Companies do not transfer title to any such Material to you. Any rights not expressly granted to you in these Terms are expressly reserved by the Companies.
The Services and any other software made available to access and use are the property of the Companies and/or their suppliers (or is used under license) and is protected under United States and international copyright laws and/or patent laws. The Companies hereby grant to you a personal, revocable, nontransferable and non-sublicensable license to use the software for viewing and other purposes within the scope of use expressly stated by the Companies in accordance with these Terms, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms.
You may not, and you will not encourage, assist or authorize any other person to copy modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any software, whether in whole or in part, and you will not create any derivate works from or of the software. In order to keep the Services up to date, we may offer automatic or manual updates at any time and without notice to you.
15 SECONDS OF FAME® (and associated logos), 15SOF® (and associated logos), FANTHROPIC® (and associated logos) and THE FUTURE OF MEMORIES® (and associated logos), and other marks we use in connection with the Services are trademarks of the Companies or their licensors, and are protected by state and federal trademark laws. All related product and service names, design marks and slogans are the trademarks or service marks of the Companies, as are the “look” and “feel” of the Services (including color combinations, layout, design and all other graphical elements). Other trademarks (such as those associated with professional sports leagues and/or sports teams) may appear on the Services with permission from their respective owners. Your unauthorized use of trademarks appearing on the Services may constitute trademark infringement, which could subject you to substantial civil penalties.
We welcome your comments, feedback, information, or materials regarding the Services or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
V. NO RELIANCE ON SERVICES CONTENT
Third party links
Accuracy of material
You understand and acknowledge that material and software published by the Companies through the Services, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that the Companies are not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Services may be changed or revised from time to time without notice.
Informational purposes only
Although the Services may host a great deal of information that pertains to a variety of topics, such information is presented for general informational purposes only. No form of professional advice is offered through the Services.
VI. USER RESPONSIBILITIES & PROHIBITED CONDUCT
You may use the Services for lawful purposes only. As one of the conditions of your use of the Services, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the Services by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Services complies with the Terms and to request prior written permission from the Companies for any uses not permitted or expressly specified in the Terms.
Certain features and areas of the Services are available only with registration and login. If you are required to register and select a unique login and password (“Personal Credentials”), you must keep your Personal Credentials confidential, including taking appropriate measures to maintain their confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Credentials are personal to you and you may not allow any third party to use them under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Credentials. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Credentials, or otherwise wish to deactivate your Personal Credentials due to security concerns.
The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to the Companies or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
In connection with the establishment and maintenance of your Personal Credentials, the Companies may send a code (typically 4 digits in length) to your phone number as means to perform two-factor authentication. Two-factor authentication adds additional security to your account by helping to prevent identity theft involving your Personal Credentials. The Companies may offer two-factor authentication as an additional service to you, but do not guarantee or warrant that your account will be secure from identity theft. It is your responsibility, at all times, to take appropriate steps to protect the confidentiality and security of your Personal Credentials.
Web security rules
You are prohibited from directly or indirectly violating or attempting to violate the security of the Services, including, without limitation, the following:
- Accessing data not intended for the user or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Using any device, software, or routine to interfere with the proper operation of, or any activities conducted on, the Services or engage in any other any conduct that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Services, including, without limitation, using any means, including overloading, “flooding”, “mailbombing” or “crashing;”
- Using malicious code, including but not limited to computer viruses, Trojan horses, corrupted data, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment;
- Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Services; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available from the Companies on the Services and other than generally available third party web browsers (e.g., Internet Explorer, Google Chrome, Mozilla, Firefox, etc.).
Violations of website or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve violations of the use of the Services and we may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the Services.
VII. RULES GOVERNING USER CONTENT
You may have the opportunity to upload, post, transmit, or otherwise provide content to the Services, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, and communications (collectively referred to as “User Content”). You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and agree that you are solely responsible for your User Content and that your failure to comply with any of the Rules Governing User Content below will constitute a breach of these Terms. You also represent that all User Content is and shall be original and non-infringing.
We do not assume an editorial role with respect to any User Content. To the extent that content is provided to the Services by third parties or other users, we do not assume an editorial role. We do not assume any obligation to monitor or edit User Content nor do we take any responsibility for User Content. Similarly, we do not endorse any opinions expressed via the Services by other users, business or advertisers, nor do we represent or guarantee the truthfulness, accuracy, or reliability of any User Content. The Services simply provide access to User Content that other users have contributed and edited. Consequently, you agree that we have no responsibility for any User Content posted or transmitted via the Services. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
When you post, upload or contribute User Content via the Services, you agree that you will not:
- Disrespect the privacy and views of others;
- Use any service offered via the Services to stalk or harass another;
- Use the Services’ communications features in a manner that adversely affects the availability of their resources to other users (for example, continuous posting of repetitive or duplicative text);
- Use or provide User Content for commercial purposes (for example, the promotion of any specific goods or services);
- Post, transmit or send any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the Services or to any of their users;
- Impersonate another person or entity or misrepresent your affiliation with a person or entity;
- Delete or revise any material posted by any other person or entity;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising, creating, or in any way making up a part of the Services;
- Use or employ robots, spiders, web crawlers, webants, worms, wanderers, web agents and other “bots” to visit the Services that are not Standard for Robot Exclusion-compliant robots;
- Access the Services by any means other than through the interface that is provided by us for use in accessing the Services;
- Access or use the Services in order to collect information about Services visitors or registered users;
- Permit any other person to use your Personal Credentials to post or view User Content.
In addition, you agree that any User Content posted, uploaded or otherwise shared using the Services will not:
- Be obscene, profane, sexually explicit, adult-oriented, vulgar, libelous, slanderous, defamatory, harmful, threatening, abusive, hateful, harassing, tortious, misleading, fraudulent, illegal or knowingly false or inaccurate, bigoted, racially, ethnically or otherwise objectionable, harmful to minors in any way;
- Encourage conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Infringe on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
- Violate the privacy or publicity rights of others;
- Support or provide resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Delete any attributions, legal notices or proprietary designations or labels.
Intellectual Property Rights of Others
As noted above, you may not use the Services to transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain.
Our rights regarding user content
You grant to the Companies a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, publish, display, perform, translate, and create derivative works from your User Content in any media, now known or hereafter discovered, throughout the world, for any and all promotional and/or other purposes.
We do not assume any responsibility for the consequences of any User Content on the Services. However, we shall have the right, but not the obligation, to monitor any User Content uploaded, posted, transmitted, or otherwise provided on the Services to determine compliance with these Terms (including the Rules Governing User Content above) and any other operating rules that may be established by the Companies from time to time.
We reserve the right to record, re-purpose or re-publish User Content on the Services, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to the Companies and their licensees a worldwide, royalty-free, perpetual, transferrable, sublicensable, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content by you or of you (in whole or in part), including any use of your likeness, voice and other identifying characteristics, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, including for commercial reasons. For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. We do not guarantee that any personal information posted or transmitted will be prevented from being viewed, distributed, republished or otherwise used by any particular person.
Your responsibility for user content
You agree to defend, indemnify and hold harmless the Companies and their officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User Content or use by others of any User Content posted or uploaded by you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms.
VIII. WARRANTIES, DISCLAIMERS & INDEMNITY
No Warranties By The Companies
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANIES MAKE NO WARRANTY THAT ANY CONTENT CONTAINED ON THE SERVICES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER THE COMPANIES NOR THEIR AFFILIATES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE SERVICES OR THEIR OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE SERVICES ON BEHALF OF THE COMPANIES. THE COMPANIES RESERVE THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SERVICES.
Exclusion Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANIES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SERVICES, DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR CONTENT OR INFORMATION PROVIDER TO THE COMPANIES OR THEIR AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, LICENSORS AND SUPPLIERS OR ANY OF THEIR SUCCESSORS OR ASSIGNS (ALL THE FOREGOING, COLLECTIVELY THE “RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANIES.
Internet and Communications Disclaimer
released parties are not responsible for and are hereby released from liability with respect to: (a) any printing, typographical, mechanical, or other errors in the printing, the offering, or the administration of the services; (b) lost, late, illegible, misdirected, or non-delivered entries or emails in connection with the Services; (c) any entries submitted in connection with the serVICES IN A manner that is not expressly allowed under thE OPERATING Rules; (d) for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties; (e) other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; (f) any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in THE SERVICES; (g) any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any website OR MOBILE APPLICATION TO WHICH THE SERVICES ARE OFFERED; or (h) injury or damage to any other person’s computer related to or resulting from participating in the SERVICES or downloading or copying materials from or use of SERVICES.
You agree to defend, indemnify and hold the Released Parties harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, or any content, product or service offered through the Services, in a manner that violates or is alleged to violate these Terms. You further agree to defend, indemnify and hold harmless the Companies, their brand partners, charity partners, talent partners, and each of their respective parents, affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to your access and use of the Services, including the information obtained through the Services.
In certain (unlikely) circumstances it may be necessary for us to terminate part or all of the Services, terminate these Terms, or suspend or terminate your account or privileges.
Discontinuation of Services
We reserve the right to suspend or end the Services or any part thereof at any time, with or without cause, and with or without notice.
Suspension or Cancellation Of Privileges
We reserve the right to terminate your privilege to use any or all of the Services if we determine in our sole discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Without limiting any available remedies or the procedures set forth in the Copyright Policy below, if we receive notice or have reason to believe, in our sole discretion, that you have posted User Content that infringes the rights of any other person under copyright, trademark, privacy, or publicity, or otherwise, we may terminate your access to the Services, including all of your privileges or user accounts that you may have established in connection with the Services.
You may terminate your account with 15SOF at any time by sending an e-mail request to Support@15sof.com. You may terminate your account with Fanthropic at any time by sending an e-mail request to Support@Fanthropic.com. If you choose to reopen your account or open a new account (if such re-registration is permitted), you may be required to re-register in whole or in part.
IX. COPYRIGHT POLICY
The Companies take the intellectual property rights of others very seriously. If you believe your work has been copied in a way that constitutes copyright infringement, please follow the following Digital Millennium Copyright Act Notice and Procedures for making claims of copyright infringement. Please understand that not all unauthorized copying constitutes copyright infringement. If you are unsure of your rights, it may be beneficial to seek the advice of counsel prior to proceeding under this policy.
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, our goal is to provide you a neutral and cost effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and the Companies, you will first contact the Companies’ customer service to describe the problem and seek a resolution.
X. DIGITAL MILLENNIUM COPYRIGHT ACT PROCEDURE
The Companies investigate notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
- For purposes of providing written notice under the DMCA, the Companies have designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:
United Corporate Services, Inc.
15 Seconds of Fame, Inc.
874 Walker Road
Dover, DE 19904
And Simultaneously By Email: email@example.com
- If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission”), available through the Services infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to the Companies’ Copyright Agent, identified above. To be effective, the written notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe that your Third-Party Submission, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use the Third-Party Submission, you may submit a written counter-notice, pursuant to the DMCA, to the Companies’ Copyright Agent, identified above. To be effective, the written counter-notice must include:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or United States District Court for the Southern District of New York, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
- If a counter-notice is received by the Companies’ Copyright Agent, the Companies may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that the Companies may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Companies’ sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including the Companies), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
You agree that, if a dispute arises between you and the Companies, you will first contact the Companies’ customer service to describe the problem and seek a resolution. You may contact customer service by e-mail at: Privacy@15sof.com or by Telephone at (855) 815-FAME.
If that does not resolve the issue, then you and the Companies agree to the following methods to resolve any dispute or claim between us. First, you agree that the Terms are governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within New York County, New York for the purpose of litigating all such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. The Companies reserve all rights, remedies and defenses available to it, in law or equity, with respect to any matter relating to these Terms.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND THE COMPANIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 15SOF agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Southern District of New York or any State court located in New York County, New York.
Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.
Class action waiver
Any dispute resolution proceedings, whether in arbitration or court, shall be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member of a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Services signifies your express consent to this waiver.
These Terms and all matters regarding your use of the Services shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods shall apply and their applicability is expressly excluded.
Subject to the terms and conditions above governing arbitration, if you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in New York County, New York. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in New York County, New York, in any legal action or proceeding relating to us, the Services, or these Terms.
Deadline to pursue claim
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
When you use the Services, or send emails, SMS text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as by email, text message, push notification, or by posting messages to the Services. You agree that all communications that we provide you electronically satisfy any legal requirement that such communication be in writing. In addition, the Companies may, in their sole discretion and subject to any applicable legal requirements, choose to send you e-mails on a variety of topics such as: (i) letting you know of problems with the site or with Services; (ii) presenting you with information and/or feedback in connection with the site or with Services; and (iii) presenting you with the opportunity to participate in games, contests, promotions, events or buy selected products and services. You may elect during registration not to receive these e-mails (or if a Canadian resident, and required by law, may opt-in to receive them), and you may stop receiving such e-mails at any time by clicking on the link to unsubscribe in any such email you receive.
Short Code Terms of Service
1. We may implement an SMS service designed to help the registration process. If you opt in by sending your selfie to a short code which we may designate (e.g, MYFAME) we may send you a message confirming receipt and/or otherwise relating to ongoing steps in the registration process.
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at Support@15sof.com.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message each time you submit your selfie to the short code we may designate. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
When you use any mobile applications as part of the Services, you may grant certain permissions to us for your device. Most mobile devices provide you information about these permissions. Please check the “settings” or other feature of your specific phone for more information.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Companies’ failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.
Though we hope you will continue to use the Services, you can stop using them at any time. Even after you stop using the Services (or part thereof), or after your account or privileges are suspended or terminated for any reason (including as set forth in Suspension or Cancellation of Privileges), these Terms will remain in effect with respect to relevant provisions, including the following Sections and their respective subsections: Ownership, No Reliance on Services Content, Rules Governing User Content, Warranties, Disclaimers and Indemnity, Copyright Policy, Disputes, and Miscellaneous, as well as any provisions that by their nature survive the termination of these Terms.
This agreement was written in English. If there exists a conflict between the English version and any translation, the English version controls.
We reserve the right to modify these Terms at any time and in our sole discretion. We will provide notice of any such changes by posting the modified Terms on this page and by indicating above the date the Terms were last updated. Changes will become effective immediately but will not apply retroactively. We encourage you to periodically review these Terms for changes. By continuing to use the Services, you are agreeing to all changes made by the Companies. If you do not agree to the modified Terms you should immediately discontinue your use of the Services.