The services offered by Fanzoop include the Fanzoop.com website or its associated websites , Fanzoop CelebCards, Fanzoop Mobile Application and Fanzoop Photo Sharing and any other features, content, or applications offered from time to time by Fanzoop ("hereinafter referred to as "Fanzoop Service(s)") Fanzoop.com or its associated websites,and/or Fanzoop Mobile Application and any services Fanzoop provides will hereinafter be collectively referred to as "Fanzoop".
Fanzoop reserves the right at any time to modify the terms of this Agreement, change the Services including eliminating or modifying any content on or feature of the website, or change/charge any fees or charges for use of the Services. And such modification shall be effective upon posting by Fanzoop on the Fanzoop website. You agree to be bound to any changes to this Agreement when you use the Fanzoop Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You will always be able to know when the version was last updated by checking the "Last Revised" date in the header of this Agreement.
You must be at least 18 years of age or over to register as a member of Fanzoop or use any of its services. Membership to the Fanzoop is void whereever prohibited. Your use of Fanzoop website or service represents and warrants that you have the right, capacity/eligibility, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Fanzoop does not encourage carrying out any unlawful and illegal activity. If Fanzoop discovers or becomes aware that any member is using Fanzoop's Services to promote or engage or indulge in any unlawful or illegal activity or has committed breach of any term of this Agreement ,his/her membership will be suspended for inquiry/ terminated forthwith without any liability to Fanzoop. Fanzoop.'s discretion to suspend/terminate the membership shall be final and binding.
This Agreement will remain in full force and effect while you use any Fanzoop Service and/or till the time you are a Member of Fanzoop. You may close your membership at any time, for any reason by informing Fanzoop in writing to close your Membership. Fanzoop may suspend/terminate your access to the Fanzoop Services and/or your membership for any reason whatsoever. Such suspension/termination shall be effective on immediate basis or upon service of reasonable notice ,at the sole discretion of Fanzoop as the case may be. At the email address you provide in your application for membership or such other email address as you may later provide to Fanzoop. Even upon termination /expiry of this Agreement certain provisions will remain in effect i.e. sections 4,5,7,9 -12, 14 of this Agreement.
4.Non-Commercial Use by Members.
The Fanzoop Services are strictly for the personal use of individual members only, and shall not be used by you, directly or indirectly in connection with any commercial endeavors or activities. This prohibition includes providing links to other websites, whether deemed competitive to Fanzoop Service(s) or otherwise. Illegal and/or unauthorized uses of the Fanzoop Service(s), including unauthorized framing of or linking to any Fanzoop Service/Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress in terms of applicable law. Your Fanzoop account is for your own personal use ONLY and NOT to be used by anyone else other than you.It is your sole responsibility to ensure confidentiality of your user id and password.In the event that you learn that your email account with Fanzoop is hacked or has been compromised, immediately inform Fanzoop by writing to us at firstname.lastname@example.org for necessary enquiry and action.
You hereby unconditionally and irrevocably undertake that:
You shall not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through anyFanzoop Service. You will not transmit any chain letters or junk email or messages to other Fanzoop Members. It is also a violation of this Agreement to use any information obtained from the Fanzoop Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member with/without their prior explicit consent. In order to protect Fanzoop and/or our Members from any abuse/misuse, Fanzoop reserves the right to restrict the number of communications/profile contacts & responses/emails which a Member may send to other Member(s) in any 24-hour period to a number which Fanzoop deems appropriate in its sole discretion
You shall not host,display,upload,modify,publish,transmit,update,or share any information that-
belongs to another person and to which the user doesnot have any right to ,
is harmful, harassing, defamatory, obscene, pornographic, obscene, paedophilic, libellious, invades another person's privacy, hate speech, racially ,ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering, or gambling, or otherwise unlawful in any manner whatever,
harmful to minors, involves child pornography, child grooming ,sexual harassment, cyberbullying or cyberstalking
infringes any patent, trademark, copyright or other proprietary rights,
violates any law for time being in force,
involves deception or misrepresentation about origin of a message,
impersonates another person or causes identity theft, or abet or attempt to do so,
contains softeware viruses or any other computer code, files or programs designed to interrupt, destroy, or limit connectivity or functionality of any computer resource including data,
threatens the unity, integrity ,defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
covering or obscuring the banner advertisements on your personal profile page, or any Fanzoop's page via HTML/CSS or any other means;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users/Members; and
engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Fanzoop on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
for band profiles, copying your Fanzoop code and embedding it into other profiles or asking other Members to embed it into their profiles;
Encourages, invites or solicits extra marital affairs, adultery or infidelity
You shall not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Fanzoop and/or its Members.
You will not conduct any kind of monetary transaction with other members of Fanzoop. Any such transactions conducted will be solely at your risks and Fanzoop is not liable or responsible for anything whatsoever including but not limited to any kind of frauds.
In case a User commits any of above acts,Fanzoop shall be entitled to suspend/terminate User's membership forthwith apart from pursing other legal recourse such as stringent criminal and civil actions . In addition ,Fanzoop preserves the right to screen messages that you may send to other Member(s).Despite this prohibition, if any information provided by other Members (for instance, in their profile) contain inaccurate, inappropriate, offensive or sexually explicit material, products or services,please notify through report abuse button so that appropriate action is taken by Fanzoop.
6.Content Posted on Fanzoop
Fanzoop owns and retains all proprietary rights, including without limitation, all intellectual property rights, trade secrets, knowhow, business information in the Fanzoop.com website and all the Fanzoop Services. Fanzoop Services contain the copyrighted material, trademarks, and other proprietary information of Fanzoop, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Fanzoop ,you will not copy, modify, publish, transmit, distribute, perform, display, reverse engineer, decompile, or sell any such proprietary information
You understand and hereby agree that all content including but not limited to information, data, text, software, scripts, music, sound, photographs, graphics, video, messages, tags, interactive features or other materials ("Third Party Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you and not Fanzoop are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Fanzoop Service. Fanzoop does not control the content posted via the Fanzoop Service and, as such, does not guarantee the accuracy, integrity or quality of such content.. Fanzoop reserves the right but is not under an obligation to scrutinize all such information, content and/or material posted on the Fanzoop and shall have the exclusive right to either remove, edit and/or display such information, material and/or content either suo motto or upon a complaint filed by any person.
All lawful Third party Content or material that you post on the forum boards shall constitute an irrevocable, perpetual, non-exclusive,valid,non infringing , royalty-free, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for full term of protection available to such work by applicable law. By posting any lawful Content to Fanzoop, you give Fanzoop license to use such Third Party Content, information, material in a manner that Fanzoop may chose in its sole discretion.
You understand that by using the Fanzoop Service, you may be exposed to Third party Content that is offensive, indecent or objectionable. Under no circumstances will Fanzoop be liable in any way for any Third party Content, including, but not limited to, any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed, transmitted or otherwise made available via the Fanzoop Service. Please note that Fanzoop is exempted from liability of intermediary in view of Section 79 of Information Technology Act,2000 as it neither initiates the transmission , select the receiver of transmission,and select or modify the information contained in transmission.Third party Content is not necessarily reviewed by Fanzoop prior to posting and does not necessarily reflect the opinions or policies of Fanzoop. In addition, Fanzoop will not and cannot censor or edit the content of any third-party site that may be linked to Fanzoop and such linking does not connote any affiliation or association of any kind except when such website is Fanzoop's own associate website.
If a Member tags you in a photo , you can choose to untag yourself by choosing appropriate option available for untagging. If a Member is victimized by another Member on Fanzoop through any illegal activity , such Member must immediately report the matter to a Grievance officer of Fanzoop by writing at email@example.com and Fanzoop's grievance officer will, attend to the complaint within 36 WORKING hours of its receipt.
You understand and agree that Fanzoop may delete or block without prior notice any such Third Party Content that in the sole judgment of Fanzoop violates any applicable law or this Agreement .
You are solely responsible and liable for the Third Party Content that you publish or display (hereinafter, "post") on any website through the Fanzoop Service, or transmit to other Fanzoop Members. Fanzoop reserves the right to verify the authenticity of Third Party Content posted on the Site. In exercising this right, Fanzoop may ask you to provide any documentary or other form of evidence supporting your ownership or otherwise of the content you post on the Site. If you fail to produce such evidence, or if such evidence does not in the reasonable opinion of Fanzoop establish or justify the claim, Fanzoop may, in its sole discretion, remove the content from the Fanzoop webite and reserves right to terminate your Membership forthwith.
You acknowledge that Fanzoop may or may not pre-screen Third Party Content, but that Fanzoop and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Fanzoop Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you will not rely on any Content created by Fanzoop or submitted to Fanzoop by a Third Party, including without limitation information in Fanzoop.com, and Photo Sharing and in all other parts of the Fanzoop Service.
CelebCards on Fanzoop donot connote celebrity fan pages created by celebrity himself or connote any association or affiliation or endorsement from the Celebrity in any manner. Instead it is being used to denote the posts/zoops by fans of celebrity , along with basic information about the celebrity such as-
The Date Of Birth of the celebrity
The celeb's categorisation,
For example :: Shahrukh Khan's CelebCard reads, Entertainment>Actor,
which means that Shahrukh Khan is an Actor categorised under the Entertainment Category.
Photos of the CelebCard will be uploaded by the users but Approved by the Admin.
With respect to Third Party Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Fanzoop Service solely for the purposes of providing and promoting the specific property (such as Celeb Pages termed Celeb cards ) of the Site to which suchcontent was submitted or made available to Fanzoop. This license is worldwide royalty free, fully sub-licensable, irrevocable, valid and assured by you as non infringing,applies to full term of protection and exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Fanzoop removes such content from the Fanzoop Service.
With respect to Third party Content that includes text, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Fanzoop Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Fanzoop Service solely for the purpose for which such content was submitted or made available to Fanzoop. This license is worldwide royalty free, irrevocable, fully sub-licensable ,valid and assured by you as non infringing , applies to full term of protection and exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Fanzoop removes such content from the Service.
With respect to Third Party Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Fanzoop Service the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed to Fanzoop.
"Publicly accessible" areas of the Fanzoop Service are those areas of the Fanzoop network of properties (such as Celeb Pages, your profile) that are intended by Fanzoopto be available to the general public.
In connection with contents posted/submitted by you, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Fanzoop all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage the reputation and market value of Fanzoop or any third party;
Impersonate another user.
Fanzoop does not endorse any User content or any opinion, recommendation, or advice expressed therein, and Fanzoop expressly disclaims any and all liability in connection with Third Party Content submitted by the User. Fanzoop does not permit copyright infringing activities and infringement of intellectual property rights on any of its Website or Service, and Fanzoop will remove all such infringing content if properly notified that such content or User Submission infringes on another's intellectual property rights. Fanzoop reserves the right to remove such content without prior notice. Fanzoop will also terminate a User's access to its Website, if they are a repeat infringer. A repeat infringer (except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had his/her content removed from the Fanzoop Website more than twice.
You must use the Fanzoop Service in a manner consistent with any and all applicable local and state, and central laws rules and regulations.
You must not include in your Member profile, any telephone numbers, street addresses, last names, URL's, and email addresses that are either patently visible to the other Members or can be deciphered or deduced. When creating your account, you must provide accurate, updated and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Fanzoop Services forthwith at the sole discretion of Fanzoop.
You are not permitted to create multiple profiles. If Fanzoop becomes aware that you have created multiple profiles, your membership is liable to be terminated forthwith.
If at any time Fanzoop is of the view in its sole discretion that your profile contains any information or material or content which is objectionable, unlawful or illegal, Fanzoop has the right in its sole discretion to forthwith terminate your membership and delete such objectionable, illegal or unlawful information, material or content from your profile and disallow you to continue as a Member forthwith.
The Fanzoop Services utilize technology to protect transmitted digital information. Your use of the Fanzoop Services may be limited by such technology. You acknowledge that, from time to time, Fanzoop may modify or discontinue using such technology. Security modifications made by Fanzoop may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TOSTRINGENT CIVIL AND/OR CRIMINAL LIABILITY.
8.Advertisements on Fanzoop:
Fanzoop may allow the advertisement on their website on the space purchased by the Advertiser. When an Advertiser places an advertisement the same shall constitute an offer. Acceptance and denial of the offer lies with the member of the Fanzoop. Fanzoop has absolute discretion and the right to earn from the advertisement and further has rights to omit, suspend or change the position of any Advertisement. The Fanzoop will take all the necessary precautions while allowing the advertisement on their website that the advertisement and any information submitted by the advertiser must be legal, and will not contain the obscene or libelous and/or any objectionable material but shall not be held responsible for the such content of the advertisement that is not brought within prior knowledge or actual notice of Fanzoop.
Disclaimer :As a matter of due diligence, Users are advised to enquire, well before, about the contents and the offers of the advertisers. In event of any dispute arises between a member of the Fanzoopwith the advertiser, Fanzoop shall not be held liable in any manner whatsoever.
You shall be solely responsible for any and all activity happening through your account. You retain the ownership of the content contributed by you into the Fanzoop Service. Fanzoop does not claim any ownership in the content posted by you including without limitation the feedback and suggestions provided. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website through the Fanzoop Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
A digitally signed or physical signature of the person duly authorized in writing to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;
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.
Fanzoop's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Delhi address located under the Help/Contact section on the Fanzoop.com site or Service. You agree not to circumvent, disable or otherwise interfere with security related features of the Fanzoop.com Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Fanzoop.com Website or the content therein. All title and intellectual property rights in and to the licensed content in the Fanzoop Services is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties and subject to use/restrictions under such laws or treaties.
You are solely responsible for your interactions with other Fanzoop Members. Fanzoop reserves the right, but has no obligation, to resolve disputes between you and other Members.
Fanzoop is not responsible for any incorrect or inaccurate content posted on the Fanzoop Webite or in connection with the Fanzoop Service, whether caused by users visiting the Website, Members or by any of the equipment or programming associated with or utilized in the Fanzoop Service, nor for the conduct of any user and/or Member of the Fanzoop Service whether online or offline. Fanzoop assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications for any of its Services /Websites . Fanzoop is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including personal injury or property damage of any nature whatsoever, damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Fanzoop.com Site and/or in connection with the Fanzoop Services. Under no circumstances will Fanzoop be responsible for any loss or damage to any person or property resulting from anyone's use of the Fanzoop Site or the Service and/or any content posted on the Fanzoop Site or transmitted to Fanzoop Members. Fanzoop shall not be responsible for and/or liable any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Fanzoop. Under no circumstances shall Fanzoop be responsible for any loss or damage, including personal injury or death, resulting from use of the Fanzoop services, attendance at a Fanzoop event, from any content posted on or through the Fanzoop services, or from the conduct of any users of the Fanzoop services, whether online or offline. The Fanzoop's Site and the Fanzoop Service are provided "AS-IS AVAILABLE BASIS" and Fanzoop expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fanzoop cannot guarantee and does not promise any specific results from use of the Site and/or the FanzoopServices.
Fanzoop expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content posted on the Site by any Members or the users of the Site or any third party, including consequential loss or indirect liability . Fanzoop does not assume any responsibility or liability for any illegal content posted on any Fanzoop Site by any Members, users or any third party. All liability, whether civil or criminal arising out of any content that is posted on the Fanzoop Site or any communication sent through Fanzoop will be of that Member/user/third party who has posted such content and/or sent such communication Fanzoop reserves its right to claim damages from such Member/user/third party that it may suffer as a result of such content posted on the Site and/or such communication sent.
13.Limitation on Liability
In no event will Fanzoop, its officers, directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages whatsoever including but not limited to loss of profits resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, keyloggers, steganographicfiles or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the FanzoopServices, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fanzoop is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Fanzoop shall not be liable for any content submitted by the you/User or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Notwithstanding anything to the contrary contained herein, Fanzoops, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Fanzoop, for the service during the term of membership.
Fanzoop or its business partners may present advertisements or promotional materials on or through the Site and the Fanzoop Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Fanzoop is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Fanzoop's Site.
The Fanzoop Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.
You and Fanzoop shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Fanzoop Website to arbitration to one (1) arbitrator nominated and appointed by Fanzoop The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Delhi, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and Fanzoop to the extent permissible in law. The dispute will be governed by the laws of India. You agree that the competent-courts in Delhi, India alone shall have the exclusive jurisdiction in regard to any such disputes.
You unconditionally and irrevocably undertake to indemnify and hold Fanzoop, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless and fully indemnified from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the content you submit, post, transmit or otherwise make available through the Service your use of the Service your connection to the Fanzoop Service, your violation of this Agreement, or your violation of any third party rights including without limitation any copyright, property or privacy rights or any violation of any applicable law or any breach of your representations and warranties as set forth herein.
By becoming a Member of the Site/Fanzoop Service, you agree to receive certain specific emails such as promotional mails from Fanzoop.
A non action to exercise any right herein by Fanzoop will not constitute or deemed to constitute a waiver of rights by Fanzoop.
You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to Fanzoop by writing to Grievance officer notified on the Fanzoop website or using the report abuse functionality. On receipt of such complaint, Grievance officer of Fanzoop may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse. Any false complaint made by a Member shall make such Member liable for appropriate legal action including but not limited to termination of his/her membership.
Please contact us with any questions regarding this Agreement by writing to firstname.lastname@example.org