Website Terms & Conditions of
FANS.fm

Terms and Conditions for access and usage of the website and platform of Formal Method, LLC d/b/a Fans.fm (“Fans.fm”). Please read these Terms and Conditions carefully before using this website. You should review these Terms and Conditions frequently as they may change at any time at our sole discretion.

Acceptance of Terms & Conditions

Welcome to the Fans.fm website and podcast hosting platform. Fans.fm provides this service to you, subject to the following Terms & Conditions, which may be updated from time to time. All such updates will be posted on this website.

General Terms & Conditions

By accessing, browsing or using this website, all users and viewers acknowledge acceptance of the Terms and Conditions contained herein. If you do not accept these Terms and Conditions, please do not use, view or access this website. Further, the posting of any and all content hosted on this platform is subject to these terms and conditions.

Not Intended for Minors.

While Fans.fm does not have any actual knowledge of its users’ age, this website and its platform is intended solely for adult audiences and is not directed towards children under the age of 13.

Content Linked to Fans.fm Website

Fans.fm may provide visitors to this website with access to outside on-line resources, including various communication tools, online forums, and services offered through links. Fans.fm encourages you to exercise discretion while using or accessing these links. THE CONTENT IN ANY LINKED WEBSITE(S) IS NOT UNDER THE CONTROL OF FANS.FM AND FANS.FM IS NOT RESPONSIBLE FOR SUCH CONTENT. You acknowledge and agree that Fans.fm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any content, information, goods or services, available on or through any such third-party site or resource. Links to or posted information regarding outside entities shall not be considered to be an endorsement of Fans.fm or its services by such third-party entity.

Privacy and Data Security

Fans.fm will make efforts to protect any personal information transmitted by you through this site to protect such information from loss, misuse and unauthorized access, disclosure, alteration, or improper disposal consistent with the Fans.fm Privacy Policy and its written information security program, each as may be amended from time to time. Visitors to this site should be aware that no internet transmission is ever completely secure or error-free. E-mail, messages or other content posted to or from this site may not be secure, and you should therefore take special care and precaution before forwarding any personally identifiable information to Fans.fm.

Modification and Termination of Services

Fans.fm reserves the right at any time and from time to time to modify, suspend or discontinue any of the information or services provided on this website, including the right to terminate the website in its entirety, without notice. You agree that Fans.fm shall not be liable to you or to any third party for any modifications, suspension, discontinuation, or termination of any information or service on this website.

Proprietary Rights

You acknowledge and agree that the website and platform software, look, feel and features as well as the information, services and any proprietary content used in connection with the development and maintenance of the website and platform contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any and all content contained or provided through the website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise authorized by Fans.fm, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services and information provided on this website, in whole or in part, directly or indirectly.

No portion of the Fans.fm website and platform developed by Fans.fm, including but not limited to any information, photographs, marks, product descriptions and/or images, may be duplicated, redistributed or manipulated in any form, without the express written consent of Fans.fm. Any and all printouts or downloads of material contained on the Fans.fm website must retain the proprietary notices and site address contained on the Fans.fm website.

Posting and Content Guidelines

Fans.fm offers its website and platform for the publication podcast content, and as such, Fans.fm is committed to free expression and exchange of ideas. Further this website may from time to time, in the sole discretion of Fans.fm, allow visitors to post comments. That said, no content, posting, messaging or other communication or forum service available or accessible from the Fans.fm website and platform shall be used in any manner inconsistent with the following guidelines:

By using the Fans.fm website and platform, you agree that the misuse of this website and platform is a serious violation that causes direct and material harm and damage to Fans.fm’s business, reputation, economic interests, and ability to provide services. You agree and acknowledge that Fans.fm and its designees, in their sole discretion, shall have the right (but not the obligation) to refuse or remove any content for any reason or no reason.

You understand that all information, data, text, opinions, or other content posted or communicated through the Fans.fm platform and website, is the sole responsibility of the person posting the material, and not of Fans.fm. Fans.fm does not guarantee the accuracy, integrity or quality of any content posted or communicated by users of this website and platform. Under no circumstances shall Fans.fm be liable in any way for any content, including, but not limited to, any errors or omissions, in any content, or any loss or damage of any kind incurred as a result of the use of any content. The views and opinions expressed by or posted by any user of the Fans.fm website and platform are not approved by Fans.fm and do not necessarily represent the policies, opinions or views of Fans.fm.

By uploading or posting material on this platform or website, you agree that you are granting Fans.fm a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You further represent and warrant that every submission to this Fans.fm website and platform is unencumbered by an exclusive license, an assignment agreement, is ‘work-for-hire’, or subject to any other proprietary arrangement that would prohibit you from publishing the material.

Disclaimer of Warranties

  1. USE OF THE WEBSITE, AND THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
  2. Fans.fm DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE. Fans.fm DISCLAIMS ANY AND ALL WARRANTIES, TO THE EXTENT ALLOWABLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE AND COURSE OF DEALING.
  3. This website and platform is provided “AS IS” and Fans.fm assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communications made through the Fans.fm website or platform. Fans.fm reserves the right at any time and from time to time to modify or discontinue any service available through this website or platform with or without notice. Fans.fm further reserves the right to discontinue any participant(s)’s use or participation on the website or usage of the platform, for any reason or for no reason.

Limitations on Liability

  1. NOTWITHSTANDING ANY TERM HEREIN OR ANY ACT OR FAILURE TO ACT BY Fans.fm, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE, POSTING, PODCAST, IMAGE, SCREEN NAME, AND/OR ANY OTHER CONTENT YOU TRANSMIT OR POST VIA THE WEBSITE AND/OR PLATFROM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Fans.fm IS NOT LIABLE FOR ANY DEFAMATORY STATEMENTS OR POSTINGS, PORNOGRAPHIC CONTENT, INFRINGEMENT, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE OR PLATFORM.
  2. IN NO EVENT SHALL Fans.fm BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Fans.fm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Fans.fm IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY ALLEGED DAMAGES OR INJURIES THAT MAY ARISE FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION OR OTHER RECORDS.
  3. IN NO EVENT SHALL Fans.fm BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE AND PLATFORM, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

Indemnification

You hereby agree to indemnify and hold Fans.fm, its owners, officers, employees, agents and representatives, individually and collectively, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the website, platform or the hosting services; or (B) any alleged breach of these terms and conditions by you.

Choice of Law; Jurisdiction; Attorneys' Fees

These terms and conditions will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Essex County, Massachusetts will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. To the extent available under applicable laws, Fans.fm will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

Miscellaneous

These terms and conditions constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. Fans.fm in its sole discretion may amend these Terms and Conditions, and your use of the website and platform after such amendment is posted on the website will constitute acceptance of it by you. If any term in these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms and Conditions are for convenience only and must not be given any legal import.

By using the Website, you signify your agreement to the terms of these Terms and Conditions. If you do not agree to the terms in these Terms and Conditions, you must not use the Website. Fans.fm may change the terms of these Terms and Conditions at any time, and your use of the Website after such changes are posted will mean that you accept them.

If you have any questions or concerns, please contact us by e-mail at terms@fans.fm.

Revision 1
May 23rd, 2019