Fan Asylum Terms Of Use

Welcome to a Fan Asylum web site. We maintain web sites as a service to our clients and customers. By using one of the Fan Asylum web sites, you are agreeing 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 goods, products or services from this site.

Acceptance of Agreement . You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). 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 the Site, the contents, products or service provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the site.

Copyright, Trademarks. The content, layout, design, graphics, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the Site. The posting of materials on the 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 Site 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 Site 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 (but 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 Site.

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 the Site.

Nontransferable. Your right to use the Site 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 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 LIMITATIONS 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 NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE 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 Asylum 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 a form, document , photo or other information is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. 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. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Third Party Services. We 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. 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 Merchants will apply to you while on such sites. 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 Site contains 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 our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our 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 the Site will forever become the property of Fan Asylum. 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, without compensation 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 undertstand that your are responsible for libel, slaunder 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 your post on our site.

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;
(b)	A description of the copyrighted work that has been infringed;
(c)	A description of where the material that you claim is infringing is located on the Site;
(d)	Your address, telephone number, facsimile number, and email address;
(e)	A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

Mail:
Fan Asylum
1250 Folsom St.
San Francisco, CA 94103
Attn: Copyright Agent
Email: webmaster@fanasylum.com
Facsimile: 415-865-2722

Refund Policy. Fan Asylum. is committed to providing prompt and efficient service. 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.

If your package has been damaged or tampered with in any way, please report this immediately to the agent or carrier that delivered the package to you. You must contact Fan Asylum immediately so we can file a claim within the guidelines of the carrier.

Notify Fan Asylum of any misshipments, 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: custserv@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 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 nonrefundable (unless defective).

To take advantage of the above return policy, you must return any items within three weeks of receipt of your order. No returns will be accepted after three weeks.

Fan Asylum is responsible for return shipping costs only if the item is defective, the item was damaged during shipment, or we sent you a size for an item that was not the size listed on the packing slip

In any other event, to receive a replacement item you must include a return shipping charge of $5.00 domestic or $10.00 outside the U.S. If you are returning an item for credit that does not meet the above criteria, then you must also include a 10% restocking fee.

Items being returned must be sent postpaid insured or via United Parcel Service to ensure delivery. We will not reimburse costs if you return items by overnight delivery. We will not accept responsibility for packages sent to us that are lost.

If sending by UPS, FedEx 2nd Day, or DHL, you must use the street address below. Otherwise, please send your returns and any other correspondence to the P.O. Box address.

Thank you again for purchasing from Fan Asylum. If we can be of any other service, please call us at:

Fan Asylum Customer Service
(415) 575-6644
Mon-Fri, 10:00 AM - 5:30PM Pacific Time

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 our 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. This Agreement constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, 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
Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our clients and partners. The Policy is designed to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.

What Information Do We Collect?
When you visit our Site you may provide us with personal information you knowingly choose to disclose that is collected on an individual basis. We also collect site use information on an aggregate basis developed as you and others browse our Site.

Credit Card Information
If you choose to purchase products or services from us or our partners, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information: name, mailing address, email address, credit card number, home and business phone number, and other personal information (i.e., mother's maiden name).

Email Information
In addition to providing the foregoing information to our partners, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information we received by mail and telephone.

Similar to other commercial web sites, our Site may utilize a standard technology called "cookies" and web server logs to collect information about how our Site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our Site, and the web sites visited just before and just after our Site. 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?
Broadly speaking, we use personal information for the purposes of administering our business activities, providing customer service and make available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our customers' personal information. As a customer, you will be given the opportunity, at least once annually, to notify us of your desire not to receive these offers.

What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that web site by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the internet. Cookies should make your online experience easier and more personalized.

How Do We Use Information We Collect from Cookies?
We user web site browser software tools such as cookies and web server logs to gather information about our web site users' browsing activities, in order to constantly improve our Site and better serve our customers. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our web site to better meet the needs of our customers and prospective customers.

Cookies help us collect important business and technical statistics. The information in the cookies let us trace the paths followed by users to our Site as they move from one page to another. Web server logs allow us to count how many people visit our Site and evaluate our 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 do permit us to send focused online banner advertisements or other such responses to you.

Sharing Information with Affiliates
From time to time you may notice offers from outside companies advertised on our Site. We take measures to select product and service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies.

Sharing Information with Strategic Partners
We may enter into strategic alliances or partnerships with third parties who may be given access to personal information including name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with strategic marketing alliance or partnerships, we will retain all ownership rights to the information, and we will not share information regarding your credit card number or any other personal financial data.

Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by following instruction contained in the email.

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.

Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our databases by emailing webmaster@fanasylum.com.

Do We Disclose Information to Outside Parties?
We may provide aggregate information about our customers, sales, web site traffic patterns and related web site information to anaffiliate or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this Privacy Policy.

What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, 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?
We are not responsible for the practices employed by web sites linked to or from or Site nor the information or content contained therein. Often links to other web sites are provided solely as pointers to information on topics that may be useful to the user of our Site.

Please remember that when you use a link to go from our 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 our Site, is subject to that web site's own rules and policies. Please read over those rules and policies before proceeding.

Your Consent
By using our Site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.