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MEMBER TERMS OF SERVICE AGREEMENT
Welcome to the Fanshop website ("Fanshop" or the “Site”)), your online sports merchandise shop. This Terms of Service Agreement (“Agreement”) sets out the terms of your use of the Site and your purchase of products and merchandise offered on the Site (“Products”).Any person who wants to access Fanshop and purchase Products through the Site must accept the terms and conditions of this Agreement without change. By registering an account with Fanshop, using the services of Fanshop or purchasing Products through the Site, you ("Member" or "you" or "your") agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference. If you do not agree to the terms set forth in this Agreement, you should discontinue all use of the Site and you will not be able to purchase Products on the site.
Beckett Media, LLC (herein "Beckett" or “we”), the owner of Fanshop and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing Fanshop or its services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on the Site, but will not affect your rights with respect to Products purchased before the date we post the modifications. Members are encouraged to review the Agreement from time to time for any possible changes. Continued use of Fanshop will constitute acceptance of such changes or modifications. Members should discontinue use of Fanshop if they do not agree to any changes to this Agreement.
- Use of the Site: When Members register on Fanshop, they will also be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify Beckett immediately if they suspect any unauthorized account use or access to the password. The Member is solely responsible for any and all use of the registered account. Beckett hereby grants you as a Member the right to access and use the Site only for your own personal, noncommercial use. You agree that you will not make commercial use of the Site or any Beckett Content (as defined below) for your own or any third party’s benefit. [if you interested in reselling or making commercial use of our Products or Content, please contact us directly.]
- Product Information; Purchase of Products: We try to display the Products as accurately as possible on our Site. However, the colors you see depend on your monitor settings and other factors beyond our control. We cannot guarantee that your monitor’s display will be accurate. We try to provide reasonable sizing information, but we do not guarantee the fit of the clothes. See our Return Policy for more information. In order to purchase Products on the Site, you must provide us with certain basic personal and billing information, such as your name, address and credit card information or other payment information, if using PayPal or other online payment service. You agree that all information you provide with respect to your purchase of Products and payment will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to Beckett of the applicable taxes relating to purchases on our Site. All orders are subject to our acceptance. We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. If a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your payment account charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your payment account in the amount of the charged price. Further information on our shipping, return and product policies may be found in our FAQs.
- Propriety Rights of Beckett: Beckett owns and retains all proprietary rights in the Site, including without limitation all content, graphics, images, video, audio files, trademarks, logos and other material therein, including the underlying software (collectively, “Beckett Content”), but excluding any vendor or third party Product trademarks, logos, service marks or content (“Product Material”). Beckett hereby grants the Member a limited, revocable, non-sub-licensable license to reproduce and display the Beckett Content (excluding any software code) solely for Member's personal, noncommercial use in connection with viewing the Website and purchasing Products. Members are not permitted the right to reproduce, distribute, display, sell, transmit, create derivative works of, translate, modify or otherwise commercially exploit any Beckett Content or Product Material. You may not directly or indirectly replicate any of the Beckett Content or Product Content for any commercial purpose or access or seek to obtain information from the Site through unauthorized web-crawling, data mining, spiders, bots or screen scraping. You will not use any Beckett Content or Product Content or access the Site for the purposes of building or providing any competitive products or services or for benchmarking purposes. BECKETT®, FANSHOP™ and BECKETT FANSHOP™ are all trademarks of Beckett or its affiliates. You may not use any of our trademarks or service marks, including use in meta tags, without Beckett’s prior written consent. All Product Material shall remain the property of the applicable vendor or other third party provider or licensor, and you may not use any Product Material other than as permitted by the owner of such material.
- Reservation of Rights:all rights in and to the Site and Becket Content not expressly granted herein are reserved by Beckett. No reservation of rights hereunder by Beckett shall imply an obligation on the part of Beckett to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of Beckett's right to exercise same at a later date.
- Member Submissions:You are solely responsible for all comments, reviews, links, images and other content that you may transmit, post, upload or share on the Site (“Submissions”). Members are not permitted to upload, distribute, post or otherwise share or publish through Site any Submissions that violate or infringe the copyright, patent, trademark or other proprietary rights of any person or that is libelous, threatening, defamatory, obscene, offensive, indecent, or invasive ofany person’s privacy or publicity rights or that could otherwise give rise to any civil or criminal liability under U.S. or international laws. You will not post any commercial content or links in any Submissions. You hereby grant to Beckett a perpetual, worldwide, royalty-free, irrevocable, transferable license to copy, modify, display, transmit, distribute, publish, adapt and create derivative works of your Submissions for the purposes of the Site, promotional purposes or otherwise in its sole discretion. You understand that all Submissions are non-confidential. You agree to indemnify and hold Beckett harmless from and against all claims, damages, liabilities, losses, and expenses incurred by Beckett resulting from your Submissions or from your use of the Site. Beckett reserves the right to remove any Submissions or disable any commenting or sharing functions on the Site at any time without notice to you.
- Investigation: Beckett reserves the right, but assumes no obligation, to monitor any activity and content associated with Fanshop, including Submissions. Beckett may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, termination of service, denying access and/or removal of any materials from Fanshop. Beckett reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
- Term: This Agreement shall remain in full force and effect with respect to all purchases of Products and while you use the Site or are a Member. Members may terminate membership at any time, for any reason, by contacting us at email@example.com. Beckett reserves the right, in its sole discretion, to discontinue the Site or restrict, suspend, or terminate access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
- Disclaimers of Warranty: Beckett is not responsible for any incorrect or inaccurate Beckett Content or Product Content posted on the Site, including without limitation, descriptions and images from vendors regarding vendor products. Beckett takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Beckett is not responsible for the conduct, whether online or offline, of any user of the Services. Beckett assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. Beckett is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
THE PRODUCTS OFFERED FOR SALE ON FANSHOP ARE PROVIDED BY BECKETT ON AN “AS IS” BASIS. BECKETT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO ANY PRODUCTS AVAILABLE ON FANSHIP. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS.
ALL RETURNS SHALL BE GOVERNED BY OUR RETURN POLICY. SEE FAQS.
- Limitations of Liability: Under no circumstances shall Beckett be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or purchase or use of Products from any Beckett Content, Product Materialor Submissions posted on or through the Site, or from the conduct of any other users of the Site, whether online or offline.Except in jurisdictions where such provisions are restricted, in no event will Beckett be liable to Member or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or Products, even if Beckett has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Beckett's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to Beckett for the affected Product(s) or Service during the term of membership. Any action brought by a Member must be brought within one (1) year of the date on which the event leading to the cause of action occurred.
- Disclosure of Information: Beckett reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Beckett's systems and customers, or to ensure the integrity and operation of Beckett's business and systems, Beckett may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, and usage history, and Member agrees to such access and disclosure by Beckett.
- General Provisions:
- No Agency: Third-Party Beneficiary. Beckett is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett and you.
- Severability: If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: We will not be consider to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Beckett's failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of Beckett's right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
- Applicable Law; Jurisdiction: Fanshop and the Siteare arranged, sponsored, or managed by Beckett in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
- Termination: Beckett, in its sole discretion, may terminate this Terms of Service Agreement, access to Fanshop or its services, any current sales or orders immediately without notice for any reason:
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.