Last Updated: June 201, 2019
1. General Definitions
- Fandom Marketing®, Inc. (the Company, Fandom, Us or We)
- You the website user (Customer, User, Users or Visitors)
- Web properties (the “Site”, Website or Websites) include fandommarketing.com, brandswithfansblog.fandommarketing.com, and cannabizdigital.com, 5starplugins.com, and any software, apps, and/or plug-ins made available by Fandom or its affiliates
- “Content” means all types of visual content, including, without limitation, still photography, motion film or video and may include audio elements, whether generated optically, electronically, digitally or by any other means, and shall include all metadata, keywords, descriptions and captions associated therewith. Any reference to Content includes the whole or the part.
2. Acceptance of Terms
3. Intellectual Property; Limited License to Users
- Unless you enter into a license agreement with Fandom you may not download, distribute, display and/or copy any Fandom Content.
- You may not remove any watermarks or copyright notices contained in the Fandom Content.
- You agree that you will not use Fandom’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Fandom.
- You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fandom Trademarks or the Trademark rights claimed by Fandom.
- You agree that you will not use any Fandom Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without Fandom’s prior written consent any word or mark which is similar to or likely to be confused with Fandom’s Trademarks.
- The look and feel of the Fandom website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Fandom and may not be copied, imitated or used, in whole or in part, without the prior written consent of Fandom.
- All other trademarks, product names, and company names or logos used or appearing on the Fandom website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fandom, unless expressly so stated.
- You may not use a Fandom trademark, logo, Image or other proprietary graphic of Fandom to link to the Fandom website without the prior written consent of Fandom.
- You may not frame the Fandom website, metasearch or any Image without the prior written consent of Fandom. You may not take the results from a Fandom search and reformat and display them, mirror or “frame” any part of the Fandom Sites on your website. You may not send automated queries of any sort to Fandom’s system without express permission in advance from Fandom Marketing, Inc.
5. Information You Provide
- Fandom does not store user credit card or payment data. Any payment information, stored or not stored, is handled by a secure third-party payment processor. Fandom is not responsible for data provided to a third-party payment processor by a user.
6. Our Content
- You may not use any Fandom Content for any purpose without first obtaining a License and/or permission from Fandom to use such Content. Any use of Content by you shall be governed by the applicable license agreement separately entered into between you and Fandom. Displaying and/or distributing to the public any watermarked or unlicensed Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
7. Infringement Claims / DMCA Notices
- If you believe that any Image or other material made available by Fandom infringes upon any copyright that you own or control, you may notify Fandom by contacting us using the information at the end of this page.
- You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Fandom or any third party.
- Violate the rights of Fandom or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
9. Restriction and Termination of Use
- Fandom may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Fandom Content at any time in Fandom’s discretion, without prior notice or liability to you. Any conduct by you that, in Fandom’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
10. Links to Third Party Sites
- In the event that the Site is available through any third-party platform, or if Fandom provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Fandom makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Fandom, and Fandom provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fandom.
11. Warranties and Disclaimers
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of California and county of San Diego. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Fandom shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Fandom, such action is necessary or desirable.
Fandom Marketing®, Inc.
101 W Broadway, suite 815
Phone: (619) 796-3267
Email: Click here to use our contact form.