Fan Asylum Terms Of Use Welcome to the web sites maintained and presented by Fan Asylum. We maintain web sites (collectively "Fan Sites" and individually a "Fan Site") as a service to our clients and their fans. By using or accessing one of the Fan Sites, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain information, goods, products or services from any Fan Site. These terms and conditions apply to any transaction that occurs on or through the Fan Asylum site. In the event that you came to the Fan Asylum site through referral from an Artist site (e.,g, the Rolling Stones site RS.COM), then the terms and conditions of the referring site also apply unless they are inconsistent with the Fan Asylum terms and conditions. Parties. Throughout this document, we use the pronouns 'us', 'we', 'our' and other similar pronouns to refer to or reference Fan Asylum. As noted above, Fan Asylum provides services for various persons and entities (the "Artists") who are referenced on one or more Fan Sites. For the purpose of this Terms of Use document and the Privacy Policy mentioned herein, the words "Fan Asylum," and all references to Fan Asylum, includes Fan Asylum, McQ Holdings, Inc., dba Fan Asylum, its officers, directors, employees, affiliates, and agents as well as all Artists, and their officers, employees, directors, agents, managers, fan clubs, management companies, holding companies, subsidiaries and affiliates and the officers, employees, directors, and agents of each of them. Acceptance of Agreement . You agree to the terms and conditions outlined in this Terms of Use ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to all the Fan Sites, the information, contents, products or service provided by or through a Fan Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Fan Site, and you should review this Agreement prior to using any Fan Site. Copyright, Trademarks. The content, music, layout, design, graphics, digital conversion and other matters related to the Fan Sites are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the Fan Sites, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the Fan Sites. The posting of materials on a Fan Site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the Fan Sites may be trademarks of their respective owners. Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the Fan Sites grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution). Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Fan Sites. Indemnification. You agree to indemnify and hold us and our employees, agents, the Artists, our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of any Fan Site. Nontransferable. Your right to use the Fan Sites is not transferable. Any password or right given to you to obtain information or documents is not transferable. Disclaimer. THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE FAN SITES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE FAN SITES AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH ANY FAN SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Limits. You acknowledge that use of the Internet or any Fan Site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods or services. Use of Information. So long as our use of information is consistent with our Privacy Policy, we reserve the right to, and you authorize us to, use (and assign these rights) all information regarding Fan Site uses by you and all information provided by you. Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes. Links To Other Web Sites. The Fan Sites may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on Fan Sites does not imply approval or endorsement of the linked web site by us. If you decide to leave a Fan Site and access these third party sites, you do so at your own risk. Submissions. All remarks, ideas, graphics or other information submitted by you to us via any Fan Site will forever become the property of Fan Asylum. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will not be required to treat any submission as confidential, and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting on a Fan Site or other web site, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit, and that you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand that your are responsible for libel, slander or any other tort, for anything to post on our site, and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at various times through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of any Fan Site, we in our sole discretion, may terminate or restrict any user's access to any Fan Site, or to Fan Asylum at any time and without notice. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on our site in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows: Mail: Both Fan Asylum and the Artist (through, or independent of, the Artist's management) expressly reserve the right to refuse service to anyone for any reason at its, his or her discretion. Customs & Duties Fees: We ship from the United States with terms defined as "Free on Board (FOB), USA" This means that ANY and ALL fees (except shipping/transit) charges are the responsibility of the recipient. The shipping charges you pay do NOT include customs fees, import taxes, brokerage fees, or duties. If you refuse to pay the customs fees when your order arrives, the shipment may be returned and we will be charged the customs fees plus return shipping costs. Therefore, we do not issue refunds for customs fees, shipping, or the cost of your order if you refuse to pay the customs fees. We have no way of estimating customs fees, taxes, duties, etc. Please contact your local customs office if you need to know more. It is possible that the delivery of your order could be delayed due to customs processing. If your order does not arrive in a reasonable amount of time, you should check with your local customs office to see if they are holding the package for payment of fees. Also, some customs offices will send a separate invoice for your customs fees that could arrive several weeks after you receive your shipment. If you receive the shipment and refuse to pay the custom/s fees, such that we are billed by the carrier on your behalf, we will charge you for these fees directly. Please be familiar with the customs laws in your country before you order! Merchandise Refund Policy. Fan Asylum is committed to providing prompt and efficient service. If you have ordered tangible products or goods, your order has been carefully packed and inspected, and we hope that you are pleased with the items you selected. Please check the contents of this package immediately against the items listed on the packing list enclosed with your order. Items you ordered that are not listed on your packing list are no longer available. Notify Fan Asylum of any mis-shipments, shortages or defective merchandise within 7 days of receipt of your order. Do this via telephone by calling your regular hotline number and choosing the customer service option. You may also contact us by mail or by email. Please send all e-mail notifications to: customercare@fanasylum.com . Please write RETURNS in the subject line of the e-mail. Subject to the limited exceptions below, if you are not completely satisfied with any items you have purchased, within three weeks you may return the item(s) for a full refund of the original purchase price, excluding shipping and handling charges. The sale of discounted or clearance items and Fan Club memberships is final, and as such, those items are exempt from this return policy. Also, we will not accept the return of merchandise that has been washed, worn or used nor will we accept the return of any compact discs, cassettes or videotapes unless they are defective. In these cases, defective audio-visual items will be replaced only with the same title. Since some titles we offer are limited edition or imports, we cannot guarantee that we will be able to replace your defective item with the same title. In these cases, we will replace that title for another, or credit your account. Personalized merchandise is strictly non refundable (unless defective). To take advantage of the above return policy, you must return any items within one week of receipt of your order. No returns will be accepted after one week. Fan Asylum is responsible for return shipping costs in the following circumstances ONLY:
IN ALL CASES:
In any other event, to receive a replacement item, you must include a return shipping fee based on the total cost of items returned for exchange (please see shipping chart). In addition, if you are returning an item for credit or replacement item that does not meet the above criteria, then you also must include a 15% restocking fee (based on the total cost of items returned for exchange). Items being returned must be sent postpaid insured or via a traceable shipping method of your choice. We will not reimburse costs if you choose to return items by overnight delivery offered by UPS, FedEx, or DHL. We will not accept responsibility for packages sent to us that are lost. Please send returns to our street address: Fan Asylum Thank you again for purchasing from Fan Asylum. If we can be of any other service, you may contact us at: Fan Asylum Customer Service Fan Club Membership: Fan club membership fees are non-refundable. Only one fan club membership per name. Duplicate memberships will be cancelled. All sales are final. Only one fan club membership per name. Duplicate memberships will be cancelled. Fan Club Membership Refund Policy: Fan club memberships are non-transferable and non-refundable for any reason. Fan Club Renewal Policy: It is the responsibility of each member to keep track of their expiration date. Your expiration date is printed on your membership card and you can also view that information by logging into your member profile. It is also the responsibility of the fan club member to keep the information in their profile up-to-date (email address, physical address, etc). Please be aware that members who do not renew within 30 days of their expiration date will lose their fan club seniority. There are no exceptions to this policy. Travel Package Refund Policy : Travel packages are non-transferrable and non-refundable. Travel Package Revocation If you have purchased a Travel Package through any Fan Asylum site, please make sure you read these rules carefully. Because the Travel Packages offer benefits not generally available to the public, because there will be other fans with you on the Travel Package, and because we need to maintain satisfactory relationships with the Artists and venues in order to continue to offer these unique experiences, the purchase of the Travel Packages is subject to certain conditions. These conditions and rules are for everyone's safety, enjoyment, and privacy. Failure to abide by these terms is sufficient grounds for us, at our sole discretion, to revoke your Travel Package, cancel your purchase and refund your money, or to impose lesser restrictions ( i.e. cancelling privileges such as attendance at a "meet & greet"). If we have to revoke your purchase, we will not be responsible for any loss, cost or damages other than the refund of the sum you have paid us. This means you will not be compensated by us for any other expenses you have incurred with respect to the Travel Package, including but not limited to travel expenses. Miscellaneous. This Agreement shall be treated as though it were executed and performed in the City of San Francisco, California, and shall be governed by and construed in accordance with the laws of the United States of America and the State of California (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement or a Fan Site shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Fan Site is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our Commitment to Privacy What Information Do We Collect? 1. Personal Information You Choose To Provide Credit Card Information Email Information 2. Web Site Use Information Similar to other commercial web sites, our Fan Sites may utilize a standard technology called "cookies" and web server logs to collect information about how our Fan Sites are used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at one or more individual Fan Sites, and the web sites visited just before and just after our Fan Sites. This information is collected on an aggregate basis. None of this information is associated with you as an individual. How Do We Use the Information That You Provide to Us? What is a Cookie? How Do We Use Information We Collect from Cookies? Cookies help us collect important business and technical statistics. The information in the cookies let us trace the paths followed by users to Fan Sites as they move from one page to another. Web server logs allow us to count how many people visit our Fan Sites and evaluate our Fan Site's visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they would permit us to send focused online banner advertisements or other such responses to you. Sharing Information with Affiliates Sharing Information with Strategic Partners Notice of New Services and Changes How Do We Protect Your Information? Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information. What About Legally Compelled Disclosure of Information? We may disclose information when we, in good faith, believe that the law requires it or for the protection of our legal rights. What About Other Web Sites Linked to Our Web Site? Please remember that when you use a link to go from a Fan Site to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites which have a link on a Fan Site, is subject to that web site's own rules and policies. Please read over those rules and policies before proceeding. Your Consent We reserve the right to refuse service to anyone.
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