Terms and Conditions - Claim2Fame

Terms and Conditions

Updated Oct 12th, 2016

A message from Team C2F:

Ok we know, a lot of legal stuff on this page but here’s the thing, it protects you and us. Ultimately it defines how the site is to be used so we can step in if someone does something that negatively affects the experience for others, is abusive or breaches any copyright rules. It also ensures that your music is yours, however, by using the site you are giving us permission to showcase it, display it and possibly use it for the promotion of your music and the site. Wouldn’t it be nice if that was all we had to say about that? Our lawyers, who get paid way to much, and the music industry in general, have other guidelines that must be met. We recognise that this is quality time you could be watch Game Of Thrones but instead, welcome to our Terms and Conditions. The good thing is, unlike Game Of Thrones, there won’t be nearly as much bloodshed, unless you actually sign a record contract one day then all bets are off!

Now the legal stuff

The website Claim2Fame.com (the “site”, “the host”) and related platforms, products, and services available on or from the site (the “services”) are together with its affiliates, successors, and assigns hereinafter referred to as “our”, “we,” or “us”).

By accessing and using the site and the services, you acknowledge and agree to be bound by these general terms and conditions, our copyright policy, our privacy policy, our abuse policy, and our specific terms and conditions applicable to certain services you may elect to use (all of which are incorporated herein and collectively referred to as the “terms and conditions”, which set forth the entire agreement pertaining to your use of the site and services, and supersede all prior versions of the terms and conditions).

These terms and conditions are legally binding agreements. If you use the site and the services acting as the representative for an artist, band, group, company, or entity, you represent that you have the legal authority to bind such individual or entity and you guarantee compliance by such individual or entity with these terms and conditions.

We reserve the sole right at any time to modify, discontinue, or terminate any service or the site, or change, add, or delete portions of these terms and conditions without notice. We will post changes to these terms and conditions, if any, to the site. It is your responsibility to check the site periodically for changes. Your continued use of the site and services after any changes constitutes your acceptance of the revised terms and conditions.

If you do not agree to these terms and conditions, do not use the site or services.

1.1

(a) Age Restriction. The Site and Services are intended for use by persons 18 years of age or older. The Site and Services are not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

(b) Site Content Ownership. All materials and content on the Site and Services, including User Content (defined in Section 3(a) below), (collectively, the “Site Content”) are the proprietary property of us or our licensors (including other users of the Site), including respective copyrights, logos, slogans, trademarks, and service marks. As between you and us, you shall retain all rights in your User Content subject to the licenses granted in these Terms and Conditions.

(c) Site and Services Use License. Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.

(d) Abuse and Infringement. You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:

(i) You will use the Site and Services in compliance with all applicable laws and the Abuse Policy;

(ii) You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;

(iii) You will not harvest or collect email addresses or other contact information of other Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(iv) You will not use automated scripts to collect information from, access, or otherwise interact with the Site;

(v) You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

(vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(vii) You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(viii) You will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services;

(ix) You will not use or purchase third party services which are marketed or used toartificially increase your Ranking through the increase of “Likes”, “Fans”, “Follower”, or “Song Plays”, or “Video Plays”. Use of these services, or similar services, will result in the immediate termination of your account and disqualification from any contest.

(x) You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xi) You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services;

(xii) You will not solicit Site users to register or sign up with another website, platform, or other service or entity;

(xiii) You will not use or attempt to use another user’s account without authorization from us or create a false identity using the Site or Services;

(xiv) You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services; and

(xv) You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services.

REGISTRATION

2.1. In order to use certain parts of the Site and Services, you must register as a user and create an account on the Site. As part of the registration process, you will provide a username, password, email address, and other information and materials (the “Registration Information”) for your Site account. You may also be able to register as a user of the Site with certain third-party social networking sites (e.g., Facebook, Twitter, YouTube, etc.) (a “Third-Party Account”), and in connection therewith, you allow us to access, store, and use content or information relating to your Third-Party Account, and any content or information in your Third-Party Account used on the Site or with the Services shall be “Registration Information” hereunder. We may accept or reject your user registration in our sole discretion.

(a) You alone are responsible for maintaining the security of your Registration Information and for all uses of the Site and Services in the name of your account. Upon registration, you will have a “Profile” page on the Site where you can manage your use of the Site and Services (your “Profile”).

(b) You represent and warrant that all Registration Information will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Registration Information in accordance with our Privacy Policy.

(b) You are responsible for maintaining access to the email address associated with your account. We are unable to restore access to your account if you lose access to the email address associated with the account.

(c) You are responsible for keeping your account active. If a user does not log in to an account for six (6) months or more from the date of the last log in, the account may be considered inactive. Inactive accounts may be permanently removed without notice.

CONTENT SUBMITTED BY YOU

3.1 User Content.
(a) You are solely responsible for all materials and content that are submitted by you or through your account for posting, publication, display, distribution, performance, or other use on the Site or in connection with any Service, including without limitation, music, sound recordings, musical works, compositions, videos, photographs, pictures, graphics, names, likenesses, images, copyrights, trademarks, service marks, logos, biographical information, chat, messages, files, code, data, metadata, text, software, links, your Registration Information, content from your Third-Party Account, and any other information or materials (“User Content”).

(b) We are not responsible for any User Content that may be lost or unrecoverable through your use of the Site or Services, and you are encouraged to archive your User Content regularly and frequently.

(c) You must submit User Content to the Site and Services in compliance with our submission specifications. Our submission specifications are available in your Profile or otherwise on the Site. We reserve the right to refuse to accept and/or cause the removal of any User Content for any reason and at our sole discretion and without notice to you.

(i) You Own Your Content. As between you and us, and subject to our rights in these Terms and Conditions, you shall retain all rights in the User Content and nothing in these Terms and Conditions shall constitute a transfer to us of ownership of any User Content.

(ii) You hereby acknowledge and agree that we may, at our sole discretion, disclose User Content in order to: (A) comply with law enforcement, court orders, or the legal process; (B) protect the rights and safety of individuals; or (C) settle disputes over intellectual property ownership. You understand and agree that in connection with the rights granted herein, we have the right, but no obligation, to remove, monitor, market, promote, advertise, or otherwise use your User Content.

(b) Licenses to User Content.
By submitting User Content to the Site or in connection with any Service, you automatically grant to us a non-exclusive, transferable, royalty free, license throughout the universe, and in any manner and media now known or hereafter developed, to prepare, review, copy, reproduce, convert, host, distribute, transmit, stream, publicly perform, display, modify, adapt, excerpt (in whole or in part), publish, promote, advertise, market, create derivative works from, and otherwise use all or any portion of the User Content, and to grant and authorize sublicenses of the foregoing, in connection with the Site and Services and the functionality thereof; provided, however, we will not sell or otherwise commercially distribute for a fee User Content except in connection with your express use of a Service or program offered by us that provides such functionality. Except as may be specifically provided in connection with any particular Service, we have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your User Content as authorized in these Terms and Conditions.

(c) The foregoing grant of rights includes, without limitation, our right to (but not obligation to):

(i) use User Content, including names, pictures, likenesses, images, voices, performances, biographical materials, and web links to websites that you control, in each case in connection with marketing, advertising, or promoting User Content, you, the Site, the Services, or us;

(ii) submit or transmit User Content to third parties in connection with any applicable Services or program offered by us which you elect to use, in any format (e.g., MP3, streaming, or otherwise) in accordance with the functionality of such Service or program;

(iii) publicly perform and transmit your sound recordings and musical compositions in connection with the Site, Services, or a program offered by us, including, but not limited to, by interactive and non-interactive streaming on the Site or via a Service. If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP, or SESAC, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms and Conditions.

(iv) When certain functionality of the Site and certain Services become available to allow you to make User Content, such as your music, available to be downloaded from our Site, and by using such features, you automatically grant to end users an irrevocable, perpetual, non-exclusive, transferable, royalty free, license throughout the universe to use such Site Downloads but only for personal, noncommercial use and in accordance with the Site Downloads Usage Rules in Section 1(d) above.

(v) The grant of rights in this Section 3(b) will survive your removal of User Content from the Site, the termination of your use of the Site or Service, or any other termination of these Terms and Conditions unless we receive written notice of termination of this license from you, at which point this license will expire and we will stop using the specified User Content within thirty (30) days; provided, however, that with respect to Site Downloads, the grant of rights to end users will survive your removal of such User Content from the Site indefinitely.

(d) Without limitation of the rights granted herein, we and you may enter into additional agreements to confirm the rights granted herein, expand scope of rights granted to us, or otherwise with respect to the User Content, and to the extent such other agreements conflict with these Terms and Conditions, the terms of such other agreements shall control.

(e) Representations and Warranties. By submitting User Content to the Site or in connection with any Service, you acknowledge, represent, and warrant that:

(i) for any original material you submit, you own or control all necessary rights in and to the User Content, and you have the full right and authority to grant the rights, licenses, and permissions in these Terms and Conditions;

(ii) the exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful materials;

(iii) the exercise of the rights granted by you herein shall be without any obligation to make any payment of any nature to you (except as expressly provided in connection with any Service) or any other person or entity;
(iv) to the extent that you receive payments from us in connection with any Service, you acknowledge and agree that any such payments to you are inclusive of all payments otherwise due to any person or entity; and

(v) to the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your User Content, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your User Content, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your User Content, and at our request you shall provide us with confirmation of such authorizations and payments.

COPYRIGHT NOTICE

Notice and procedure for making claims of copyright or other intellectual property infringements

4.1. Claim2Fame respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

4.2. Claim2Fame’s intellectual property policy is to (1) remove material that Claim2Fame believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (2) remove any User Content posted to the Service by “repeat infringers.” Claim2Fame considers a “repeat infringer” to be any user that has uploaded User Content to the Service and for whom Claim2Fame has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. Claim2Fame has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Claim2Fame’s own determination.

Procedure for Reporting Claimed Infringement.

5.1. If you believe that any content made available on or through the Service has been Used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

(b) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

(c) Identification of the specific 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 Claim2Fame to locate the material;

(d) Information reasonably sufficient to permit Claim2Fame to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

(g) Designated Agent Contact Information. Claim2Fame’s Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: info@Claim2Fame.com

Counter Notification

6.1. If you receive a notification from Claim2Fame that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Claim2Fame with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Claim2Fame’s Designated Agent through one of the methods identified in Section 11.1, and include substantially the following information:

(a) A physical or electronic signature of the subscriber;

(b) 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;

(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Claim2Fame may be found, and that the subscriber will accept service of process from the person who provided notification under Section 17.3 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

6.2. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

[a] any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall 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, who is injured by such misrepresentation, as the result of [Claim2Fame] 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.
17 U.S.C. § 512(f).

Claim2Fame reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 17 should be sent to the Designated Agent at info@Claim2Fame.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Claim2Fame, the operation of the Service or any other matter should be sent to info@Claim2Fame.com.

ABUSE AND INFRINGEMENT

7.1. Abuse and Infringement. You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:

(i) You will use the Site and Services in compliance with all applicable laws and the Abuse Policy;

(ii) You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;

(iii) You will not harvest or collect email addresses or other contact information of other Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(iv) You will not use automated scripts to collect information from, access, or otherwise interact with the Site;

(v) You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

(vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

(vii) You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(viii) You will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services;

(ix) You will not use or purchase third party services which are marketed or used to artificially increase your Position/Ranking through the increase of “Likes”, “Fans”, “Follower”, or “Song Plays”, or “Video Plays”. Use of these services, or similar services, will result in the immediate termination of your account.

(x) You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xi) You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services;

(xii) You will not solicit Site users to register or sign up with another website, platform, or other service or entity;

(xiii) You will not use or attempt to use another user’s account without authorization from us or create a false identity using the Site or Services;

(xiv) You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services; and

(xv) You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services.

At Claim2Fame, Inc. (“Claim2Fame”), we understand and respect your concerns about the use of your personal information (see Privacy Policy). We believe you should know what information about you we collect, as well as how that information is used, maintained, and, in some cases, shared. The following sets forth our practices and policies regarding our collection, use, and disclosure of personal information on our Claim2Fame™ service (the “Service”), which is available through our websites at Claim2Fame.com, as well as on certain third-party platforms, websites, domains, and services (e.g., the Facebook platform, partners, Claim2Fame API developers, mobile devices, etc.), the domains and subdomains hosted by us for our users, and any software applications or application programming interfaces that may permit access to all or any portion of the Service. “Personal information,” as used in this policy, is information that allows a person to directly identify an individual, such as name or email address, and information that is combined directly with such identifying information.

We will collect information about you when you register for the Service post comments, when you transmit information to us via our Service (including, without limitation, by email), when you participate in one of our contests or promotions, and when you otherwise use our Service. By doing any of the foregoing, you assent to this policy. If you do not agree with the terms of this policy, please do not engage in any of these activities.

THIRD PARTY SERVICES

8.1. Certain content, products and services available via our Service may include materials from third-parties – including third-party tools. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, apps, or for any other materials, products, or services of third-parties.

8.2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and any apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

FOREIGN USERS

9.1. Claim2Fame makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside Canada or the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Claim2Fame, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall Claim2Fame be deemed liable under any laws other than the United States; (iv) his or her participation is governed by the dispute resolution provisions stated herein; and (v) consent to having their data processed in the United States and Canada.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

10.1. THIS SITE IS PROVIDED BY CLAIM2FAME ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLAIM2FAME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLAIM2FAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLAIM2FAME DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CLAIM2FAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLAIM2FAME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL Claim2Fame OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR
(I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLAIM2FAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,
(II) ANY DISCLOSURE OF INFORMATION PROVIDED TO CLAIM2FAME (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF CLAIM2FAME ), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF CLAIM2FAME .
(III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(IV) THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; OR CREDIBLE THREATS OF ANY OF THE ABOVE; AND/OR
(V) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

10.2. IN NO EVENT SHALL CLAIM2FAME ’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

11.1. You agree to indemnify, defend and hold harmless Claim2Fame and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Service. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Claim2Fame reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Claim2Fame in the defense of such matter.

TERMINATION

12.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

DISPUTE RESOLUTION

13.1. This Agreement shall be governed by the laws of British Columbia without reference to its conflict of laws principles. Any dispute, controversy or other claim arising out of this Agreement shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. Disputes will be arbitrated in English in Vancouver, British Columbia. Disputes may be heard only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts serving British Columbia.
Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the ICDR Canada. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the ICDR Canada, incurred in the action or proceedings. For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Claim2Fame’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.

13.2. For all disputes you may have, whether pursued in court or arbitration, you must first give Claim2Fame an opportunity to resolve the dispute by providing written notification to [insert email address] and via postal mail to [insert address] stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If Claim2Fame does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above.

ENTIRE AGREEMENT

14.1. Any failure of Claim2Fame to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Service or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

14.2. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

CALIFORNIA NOTICE

15.1. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.