B. Palzy and Palzy's
Obligation to You
Subject to The TOU, Friends and Fans will:
- Inform you of any changes to The TOU from
time to time. See Modification to The TOU.
- Remind you of aspects of 'Your Obligation to Friends and Fans' at appropriate times during your
use of The Service.
- Treat your personal information in a
responsible manner. See Security and Member Privacy.
- Supply you with access to an on-line
facility to network with Friends and Fans and Friends and Fans of Friends and Fans.
- Supply The Service using operating procedures
designed to ensure The Service's security and System availability.
- Answer any queries you have regarding
The TOU, Service and The operation of your account.
C. Your Obligation to Palzy
- You will accept liability for some events
which may occur. See Indemnification.
- You will read, acquaint yourself fully
and comply with all aspects of The TOU. If There are any
aspects which you do not fully understand you will seek
clarification from Friends and Fans.
- You are aged 18 or over.
- You will at all times use The Service
in good faiTH and in a responsible manner.
- You will not allow anyone oTher THan
yourself and Friends and Fans to access your account.
- You will use The Service solely for your
own benefit and shall not sell, lease, assign, lend, hire
or gift any part of The Service in whole or in part to any
oTher person without Friends and Fans's prior written approval.
- You will use The Service only for lawful
purposes and in a manner which does not infringe The rights
of or restrict or inhibit The use of The Service by any
Member and/or Friends and Fans.
- Comply with all terms of Members Conduct and Member Account Registration of The TOU.
D. Security and
You are responsible for maintaining The
confidentiality of your password and account. FurThermore,
you are responsible for any and all Member accessible activities
THat occur under your account. You agree to notify Friends and Fans immediately
on becoming aware of any unauTHorized use of your password
or account or any oTher breach of security.
Friends and Fans has put in place security measures
to protect against The loss, misuse and alteration of The
information collected. Our web servers are locked in cages
in a highly secure internet data centre. A 'firewall' (an
internet security device) sits between The Friends and Fans website and
The internet to help prevent any unauTHorized user from accessing
You agree THat Friends and Fans and its auTHorised
employees can access your account, including its contents
as stated above, or to respond to support queries or technical
issues or to fulfil The obligations under THis Agreement.
To learn more about how The Service deals with privacy Then
Friends and Fans reserves The right at all times to
monitor, review, retain, and/or disclose in good faiTH any
information it believes in good faiTH THat such action or
disclosure is necessary to conform to legal and government
requirements, or to protect and defend The rights or property
of Friends and Fans or enforce The TOU.
Friends and Fans reserves The right to collect and
distribute non-personal demographic information to Third parties.
As such THis information would not contain any information
THat would allow your identity to be deduced.
It is possible THat as we continue to develop
our website and our business, Friends and Fans's service and/or related
assets might be acquired. Notwithstanding any provision in
acquisition, your personal information may be transferred
to The acquiring entity, and become subject to The acquirer's
data practices upon consummation of a transaction.
E. Member Account
To register as a Friends and Fans Member,
you agree to:
- Provide us with current, complete and
accurate information about yourself (The registration data);
- Maintain and promptly update The registration
data to keep it current, complete and accurate at all times;
- To represent only yourself on The Service,
and no oTher persons, living, dead, or imagined.
If you provide any information THat is not
current, or is incomplete or inaccurate, or Friends and Fans has reasonable
grounds to believe THat such information is not current, or
is incomplete or inaccurate, Friends and Fans has The right to suspend
or terminate your membership, and refuse any and all current
or future use of The Service.
Under no circumstances do Friends and Fans have any
obligations under The Agreement to check The accuracy or truTHfulness
of The registration data of any Member.
F. Member Conduct
As a condition of your use of The Service,
you guarantee to Friends and Fans THat you will not use The Service for
any purpose THat is unlawful and / or prohibited by These
terms, conditions, and notices.
You agree to abide by all applicable local,
state, national and international laws and regulations and
are solely responsible for all acts or omissions THat occur
under your account made by you including The content of your
transmissions THrough The Service. By way of example, and
not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, THreaten
or oTherwise violate The rights (such as rights of privacy
and publicity) of oThers.
- Publish, distribute and/ or disseminate
any harmful, obscene, indecent, unlawful, libellous, profane,
defamatory, infringing, inappropriate, hateful, or racially,
eTHnically or oTherwise objectionable material or information.
- Create a false or misleading identity
of, including, but not limited to, a Friends and Fans employee, or
falsely state or oTherwise misrepresent your affiliation
with a person or entity, for The purpose of misleading oThers
as to The identity of The sender or The origin of a message
or to harvest or oTherwise collect information about oThers.
- Transmit, email or post any material
THat contains in any form software viruses or such programs
as including but not limited to, Trojan horses, worms, time
bombs, cancel-bots, computer code, files or programs designed
to interrupt, destroy or limit The functionality of any
computer software or hardware or telecommunications equipment.
- Attempt to gain unauTHorized access to
The Service, oTher accounts, computer systems or networks
connected to The Service, THrough password mining or any
- Disseminate content THat infringes any
patent, trademark, trade secret, copyright, rights of privacy
or publicity, or oTher proprietary right ('Rights') of any
party or infringes any intellectual property law or any
oTher applicable law.
- Disseminate any unsolicited or unauTHorized
advertising, promotional materials, 'junk mail', 'spam',
'chain letters', 'pyramid schemes', or any oTher form of
- Interfere with anoTher member's use and
enjoyment of The Service.
without prejudice to The Security and Member Privacy of The TOU, Friends and Fans has no obligation
to monitor The Service or any member's use Thereof.
G. Friends and Fans Proprietary
You acknowledge and agree THat The Friends and Fans
content including but not limited to (1) text, (2) software,
(3) photographs, (4) graphics, (5) page layout (6) design
presented THrough and as part of The Service by Friends and Fans is protected
by copyrights, trademarks, service marks, patents, or oTher
proprietary rights and laws.
Such content received THrough The Service
may be displayed, reformatted, and printed by you for your
personal, non-commercial use only and at all times used solely
in connection with The Service in accordance with The TOU.
Certain of The names, logos, and oTher materials
displayed on The Friends and Fans web site constitute trademarks, copyright
and oTher intellectual property collectively referred to as
'IP rights' of Friends and Fans. Ownership of such IP rights remains
with Friends and Fans. You are auTHorised to use such IP rights during
The process of promoting and using The Friends and Fans service hosted
by The Service.
YOU UNDERSTAND AND AGREE THAT:
- Your use of The Service is at your sole
- The Service is provided on an 'as is'
and 'as available' basis and The warranties on The part
of Friends and Fans contained in THis TOU are given in place of and
replace, exclude and extinguish all and every oTher condition
or warranty whatsoever on The part of Friends and Fans, written or
oral, wheTher express or implied by statute, regulation,
directive or any oTher legislative or administrative enactment,
common law, trade usage, custom or oTherwise to The full
extent permitted by law.
- The information and content included
in or available THrough The Service may include inaccuracies
or typographical errors.
- Changes are periodically added to The
information contained with The Service and Friends and Fans and/or
its respective suppliers may make improvements and/or changes
in The Service at any time.
- No advice or information, wheTher oral
or written, obtained by you from Friends and Fans or THrough The Service
shall create any warranty not expressly stated in The TOU.
Except as oTherwise expressly provided in
The TOU, Friends and Fans does NOT represent or warrant THat:
- The Service will meet your requirements.
- The Service will be uninterrupted or
error-free, timely or secure.
- Defects or errors will be corrected,
or THat The Service or The server THat makes it available,
are free of viruses or oTher harmful components.
- The use of or The results of The use
of The Service or The content made available as part of
The Service will be correct, accurate, timely, or oTherwise
- The content of The Service input by oTher
members is correct or accurate.
- YOU AGREE THAT FRIENDS AND FANS SHALL NOT
BE RESPONSIBLE OR LIABLE FOR:
- PROVIDED THAT FRIENDS AND FANS HAS FULFILLED
ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH The SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT, SAVE THAT FRIENDS AND FANS SHALL BE ENTITLED
TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER FRIENDS AND FANS HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE
ON The SITE.
- CONDUCT OF ANY OTheR MEMBER OR ANY INFRINGEMENT OF ANOTheR'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
- DAMAGES FOR LOSS OF USE;
- DATA GOODWILL;
- PROFITS, OR OTheR INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED with:
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR ORWISE - EVEN IF FRIENDS AND FANS OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- USE OR PERFORMANCE OF The SERVICE OR RELATED WEBSITES;
- DELAY OR INABILITY TO USE The SERVICE OR RELATED
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION
- SERVICES OBTAINED THROUGH The SERVICE, OR OTheRWISE
ARISING OUT OF The USE OF The SERVICE;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS;
- COMMUNICATION LINE FAILURE;
- DESTRUCTION OR UNAUTHORIZED ACCESS;
- IF YOU ARE DISSATISFIED WITH THE SERVICE
OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
- AT ALL TIMES AND IN ANY EVENT The TOTAL
LIABILITY OF FRIENDS AND FANS TO ITS MEMBERS SHALL BE LIMITED
TO The TOTAL ANNUAL MEMBERSHIP FEE PAID BY The INDIVIDUAL
MEMBER TO FRIENDS AND FANS
You agree to indentify, depend and hold harmless
Palzy , its parents, subsidiaries, affiliates, officers
and employees from any claim, demand, or damage, including reasonable
legal fees, asserted by any Third party due to or arising out
of your use of or conduct on The Service.
and Termination of The Service
You agree that Palzy , in its sole
discretion, may terminate your password, account or use of The
Service, and remove and discard any content within The Service,
for any reason, including without limitation, if Palzy
believes that you have violated or acted inconsistently with
the letter or spirit of The TOU.
Palzy may also, in its sole discretion
and at any time, discontinue temporarily or permanently providing
The Service, or any part there of, with or without notice. You
agree that any termination of access to The Service under any
provision of the TOU may be effected without notice, and acknowledge
and agree that friends and fans may immediately deactivate or
delete your account and all related information and files in
your account and/or bar any further access to such files or
the Service UNLESS agreed in writing with Palzy . Nevertheless,
where possible, Palzy will use reasonable endeavours
to give Members fair notice of termination or suspension of
Their access to The Service.
Further you agree that Palzy shall
not be liable to you or any Third party for any termination
or suspension of access to The Service or modification of the
to The TOU
from time to time, in our discretion. We encourage you to check
back periodically to familiarize yourself with any changes.
If we make any changes or modifications, we will post The updated
effective immediately at the time of posting.
Palzy reserves the right at any time
to modify or discontinue, temporarily or permanently, The Service
(or any part there of) with or without notice. You agree that
Palzy shall not be liable to you or any third party
for any modification to or discontinuance of the service.
M. TOU Violations
Please report any violations of The TOU to
Customer Support at support@Palzy
N. Entire Agreement
These TOU constitute The entire agreement
between Friends and Fans and The Member and supersede any previous agreement
or understanding between Friends and Fans and The Member.
O. Governing Law
These TOU shall be governed in all respects
by English Law and the parties submit to english law and jurisdicton
of english courts. .