These terms of use ("Terms of Use") govern your use of this website ("Site"), which is owned by the Bestfan website ("Bestfan", "we," or "us"). Please read these Terms of Use before you use this Site. By using this Site, you agree to abide by the terms of these Terms of Use. We may change the terms of these Terms of Use from time to time. By continuing to use this Site after we post any changes, you accept and agree to these Terms of Use, as modified.
Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the YouTube Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Bestfan Website. There are lots of other great web sites for you. Talk to your parents about what sites is appropriate for you."
Registration and Use
As a user/fan of the Bestfan.org site you are prompted to create an account as a fan; to access and to participate in the Bestfan community through this Site, you agree to:
(a) The accompanying materials, which include the APIs, Calls, and Documentation, as such terms are defined below, and are collectively referred to as, the "Licensed Materials." By downloading the Licensed Materials you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not download or use the Licensed Materials.
(b) This site is visited by millions of people around the world every month. Bestfan has implemented many safeguards to make this a safe site. However, it is important that you play safely by not giving anyone personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of yourself, instant messenger username or telephone number. If you think anything is suspicious, make sure to report it HERE.
(c) Remember, this is free site and we reserve the right to prohibit the use of the site to any user at any time. Be a good guest.
(d) You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Bestfan immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Bestfan or any other user of or visitor to this Site due to someone else using your user name, password or account.
(e) In order to use certain features of this Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled and we shall have the right to immediately terminate your right to use and access this Site. If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.
Proprietary Rights All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up this Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, send a written request to: Bestfan, 5-21 Camden Street, Toronto, ON M5V 1V2 Attention: Bestfan, or send an e-mail us at info@Bestfan.com.
Submissions / Code of Conduct
Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through this Site via e-mail, on the message boards, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of Bestfan throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on this Site or from using or accessing our message boards or chat rooms.
You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content on this Site.
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BESTFAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. BESTFAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BESTFAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT BESTFAN) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BESTFAN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BESTFAN OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BESTFAN HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Besftan, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Bestfan explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Bestfan is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Bestfan nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Bestfan encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Bestfan cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Bestfan be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. Bestfan cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Bestfan, since such sites are owned and operated by third parties. Bestfan does not endorse any of the merchandise or services, nor has Bestfan taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Bestfan does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Bestfan with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Bestfan never gives or sells e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Bestfan to transmit his personal information to that sponsor.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bestfan, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Bestfan reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Bestfan in asserting any available defenses. These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Bestfan if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the province of Ontario applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the province of Ontario. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Privacy We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Agreement.
Contacting Us Questions regarding these Terms of Use should be directed to Bestfan through one of the Contact Us forms you will find on this Site, or by sending an e-mail to info@Bestfan.com.
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