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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
May 23rd, 2019