Terms and Conditions
Download PDF: Right-click the link and choose “Save Link As…” to save the PDF to your computer.
Table of Contents
- Acceptable Use of Services
- Payment for Services
- Account Termination
- Pause Services
- Refund Policy
- Administrative Access
- Advertisement Campaigns
- License and Rights Granted to Us
- Third Party Products
- Disclaimers and Limitations
This “Services Agreement” is between Fanbase Solutions, LLC. (“Fanbase Solutions”), an Oregon limited liability company located at 7175 SW Beveland Street, Suite 100, Tigard, OR 97223, USA and each customer that orders any services or related products (collectively, the “Products”). Each prospect and customer is subject to the terms outlined in this Services Agreement.
1. Overview [Go to TOP]
The terms “you” and “your” refer to the person that places an Order for a Product. The terms “us”, “our” and “we” refer to Fanbase Solutions Company and its staff. The term “Order” means an order that you place through a Fanbase Solutions website, via email, or that an authorized representative of Fanbase Solutions completes on your behalf as you instruct over the telephone. Your Order and this Fanbase Solutions Services Agreement apply to the Products you have purchased.
1.1. Once these terms are agreed to by the customer, this services agreement becomes a legally binding contract. PLEASE READ THIS SERVICES AGREEMENT CAREFULLY. BY ESTABLISHING AN ORDER WITH OUR COMPANY YOU AGREE TO BE BOUND BY THE SERVICES AGREEMENT BELOW. THESE AGREEMENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.
2.1. We collect the minimum amount of information necessary for us to provide you the Services you want. When you purchase from or register with us, we will collect personal data. This will include such information as your name, company name, email address, billing address, credit card information, or payment information that you provide during the processing of your Order of our Services. If you provide personal data for a specific reason, we may use that data in connection with the reason for which it was provided.
2.2. The information and data collected and volunteered are used by us to serve you, to improve our Services, to improve the functionality of our Services, and to better understand those who purchase and use or Services. We do not sell or share personally identifiable information to other organizations for commercial purposes, except to provide Services that you have requested, when we have your permission, or in a few limited circumstances including but not limited to the following:
2.2.1. When it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situation involving potential threats to the physical safety of any person, violations of the intended use of our Services, or if otherwise required by law.
2.3. Additionally, we may collect information that is personally non-identifiable as you. Such information or data may include volunteered information that is demographic or geographic. Other types of information may be collected passively using various technologies that cannot presently be used to specifically identify you. Such information includes IP addresses, domain names, and other anonymous statistical data involving your use of our Services. We may aggregate information and data we collect to assist us in better understanding our clients and their needs. Again, no personal data is available or used in this process.
2.5. We protect all information and data we handle by using commercially reasonable physical and electronic measures as well as established security procedures. Because no security measures are infallible, we ask that you report to us any security violations that you discover.
3. Acceptable Use of Services [Go to TOP]
3.1. It is the responsibility of our users to create, maintain and police the content of their websites, including obeying all local, regional and national laws. Websites found in violation of any laws and in violation of section 3.2 below, may be removed from your Services at any time without notice or refund. If you have questions about the acceptable use of your Services, please contact us through email at firstname.lastname@example.org to inquire. We cannot be held liable or accountable for content on user’s websites.
3.2. Due to policies set forth by the major search engines and social media websites, we will not render Services for media platforms that fall into the following categories: websites that promote or facilitate online gambling, websites that promote or facilitate copyright violations, websites that sell prescription medication, websites that sell fake or replica products or websites that sell guns and ammunition. We reserve the right to refuse service to anyone. Additionally, per social media community standards, we will refuse service for media platforms and advertisements based around the following: promoting self-harm, bullying and harassment, hate speech, graphic violence, sex and nudity, theft, vandalism, fraud, identity theft, identity privacy, intellectual property and phishing and spam.
4. Payment for Services [Go to TOP]
4.1. Advanced Payment – You must pay the full fees we charge for our services in advance of their delivery.
4.2. Account Creation Fees – We require a single, one-time, non-refundable Account Creation Fee per individual advertising campaign. Your Order will inform you of whether the Services you purchased is subject to the one-time non-refundable fee.
4.3. Month-to-Month – Services we provide may be on a month-to-month basis, and other Services may be subject to a nominal maintenance or subscription fee. You will know if your Services are in this category by referring to your Order.
4.3.1. For month-to-month Services, or monthly maintenance/subscription Services, you agree to pay the monthly fee each month on the same date of each month.
4.3.2. For advertising and marketing services that are month-to-month, you agree to pay by credit card on an automatic monthly recurring basis in advance of the delivery of the services.
4.3.3. For Services that require monthly payments, your monthly recurring bill date is not the date on which you place your Order with us, but instead is on the day before your advertising commences.
4.3.4. Recurring Bill Date – Recurring credit card payments shall be processed on the day before the Advertising campaigns are uploaded. If the campaign active date is January 10th, the next automatic billing date is February 9th and your monthly recurring bill date will be on the 9th of every month.
4.4. Short-Term Contracts – Services with an initial minimum term of six (6) months are subject to automatic monthly billings. You will be subject to the recurring bill date policy as stated above until the end of your 6 month term, at which time you may cancel your contract 30 days prior to the end of the 6 month period. If you choose not to cancel in this period, you agree to renew your contract for another 6 months period.
4.5. Prepaid – PayPal or standard check paying customers must pre-pay for a minimum of three (3) months of non-refundable service at the time of sale. This is a non-refundable purchase, and is considered a short term contract. After the initial duration, you may again purchase another short-term duration of service at a minimum of 3 months, or switch to a credit card payment method with a month-to-month service agreement as defined above.
5. Account Termination [Go to TOP]
Your account will be terminated under any of the following conditions:
5.1. Right of Rescission – You have three (3) business days to cancel from the date the Order was taken to receive a full refund for the services you purchased as described in the Refund Policy (Section 7). After this time, you are subject to the Payment for Services terms as defined above in Section 4.
5.2. Subscription Cancellation – Subscription cancellations can be requested by sending a cancellation email to email@example.com. Please allow three (3) business days from the point at which your cancellation request is submitted for the request to be processed, at which point all future billings to your account are terminated. Specifically, for month-to-month contracts, you will need to request cancellation of your account three (3) business days before your next date of submission and billing in order to avoid being charged for an additional month of service. Following cancellation, service will continue, and applicable Services will remain active until the end of the account’s payment cycle. Requests for immediate removal of Services will be honored but will not result in a partial refund as outlined in the Refund Policy (Section 7). You agree not to cancel your account until after the first month of advertising.
5.3. Subscription Failure – If a due subscription payment fails to be made, your account may be closed. Potential reasons for subscription payments failing include the card number changing, the card expiring, your billing address having changed, or having insufficient funds available. You must update your billing information by calling us at (800) 508-1341. Upon subscription failure, we will attempt to run your card five (5) more times, at which point you may be contacted about your account being suspended. You will ask you be asked to provide us with updated billing information. If we are unable to receive updated information or payment, your account will be paused and may be terminated.
5.4. Contract Cancellation – If you elect to cancel 30 days prior to the expiration of your initial contract term, you can terminate your contract by paying 50% of the outstanding balance on the initial contract term. Contract cancellations are subject to our discretion and must be made via email to firstname.lastname@example.org.
6. Pause Services [Go to TOP]
6.1. You may pause your month-to-month Services with us by sending a pause notice to email@example.com at least three (3) business days prior to the next recurring bill date. Include your account number and your business name in the subject line.
6.2. You agree not to pause your account until after the first month of advertising.
6.3. Accounts that are paused for more than six (6) months will not retain initial set-up charges, and will be treated as new clients upon return to us. Any necessary non-refundable fees will again need to be paid upon return.
6.4. Pause request notices received prior to your NEXT recurring bill date will not be subject to any additional fees.
6.5. Upon pausing of your Services, you agree to keep us as an Administrator until your account is cancelled.
7. Refund Policy [Go to TOP]
7.1. Account creation fees are non-refundable regardless of reason or circumstance following the three (3) business day right to rescission.
7.2. Monthly fees are non-refundable.
7.3. Refunds will not be issued for failure to grant and/or maintain administrator privileges to us. Failure to do so will interfere with our ability to deliver your purchased Services.
7.4. Refunds will not be issued after 90 days from the date of purchase if you fail to provide the necessary data and contact information required to launch your campaign. We will make multiple attempts to collect the data for to fulfill the Service(s) agreement.
7.5. Any Credit Card merchant charge back processed for services already rendered and accounted for will be denied with rebuttal proof to the Credit Card merchant. If you have already been issued a refund for your Services and you have additionally processed a chargeback, we reserve the right to recharge your card for the full amount of the refund.
8. Administrative Access [Go to TOP]
Our Services may require that you authorize and provide to us administrative access to accomplish the fulfillment and functionality of the Services that are specified in your Order.
8.1. Depending upon the Services you have purchased, you agree to do one or more of the following, which may be specified in your Order:
8.1.1. Authorize us to create local business media platforms, brand/product/organization media platforms, artist/band/public figure media platforms, and other “Fan”, “Like”, “Official” media platforms, and any variations of such media platforms on your behalf.
8.1.2. Agree to grant our staff administrative access to local business media platforms, brand/product/organization media platforms, artist/band/public figure media platforms, and other “Fan”, “Like”, “Official” media platforms, community media platforms and any variations of such media platforms, as needed by us to provide services to promote your business.
8.1.3. Agree to grant administrative access to our employees and contractors when necessary. You acknowledge that failure to do so will interfere with our ability to deliver your purchased Services. We will not be held liable for non-delivery of Services due to insufficient account access privileges and will be subject to the no-refund terms in Section 7.4 above.
8.1.4. Agree that we will not be held responsible for any items including but not limited to the following: manage, add, change or update any and all media platform or website content. This also includes posting promotional updates, status updates, posts, links, videos, images or other information. We will also not be responsible for changing company name on media platform or website, connecting media platforms and/or linking websites, adding additional administrators on your behalf, connecting apps to your media platform, connecting with business media platforms, claiming a vanity business name or claiming community media platforms.
9. Advertisement Campaigns [Go to TOP]
9.1. No Guaranteed Business – We will not guarantee any number of clicks, media platform “Likes”, business calls, service calls, direct sales, and/or increase in business for the duration of our rendered service. Credit card merchant charge-backs and refund requests based on clicks, media platform “Likes”, business calls, service calls, direct sales, and/or increase in business are deemed null and void.
9.2. The ad creation process will only begin after agreeing to our terms and conditions by completing and submitting the Contact Authorization Form and completing a discovery call preceding your advanced purchase.
9.3. The time it will take for us to create an ad campaign is solely dependent on our ability to communicate with you and receive needed access and approval.
9.4. You will receive a live date email from client services as soon as your campaign is live.
9.5. Please add firstname.lastname@example.org to your safe sender list with your email provider. We are not held liable for non-receipt, if any ad proof emails or any correspondence from us is directed to your email’s spam folder.
9.6. IMPORTANT: We create your ads and campaign based on data collected in the discovery call. WE MAY NOT ACCEPT ANY CUSTOM ADS YOU MAY CREATE AS THEY MAY NOT PROVIDE THE RESULTS/SUCCESS THAT MEET OR EXCEED OUR MEASURE OF A SUCCESSFUL CAMPAIGN.
9.6.1. The success of the campaign may require us to make changes to the campaign as needed, without prior notification, and at our discretion.
9.7. We do not guarantee that you will ever see your ads based on the manner in which your ads are delivered. For example, PER FACEBOOK.com: “You will not see your ad actually running on Facebook unless you are a member of the target audience that you selected for your ad. Additionally, even if you are a member, you aren’t guaranteed to see your ad. This doesn’t mean your ad isn’t running, just that [Facebook’s] system has determined that other ads would be more relevant to you. As long as you are seeing impressions reported in your ad statistics, this means your ad is running and can be seen by users.”
9.8. We are never to be removed as an administrator to your media platform during the life of your advertising campaign with us.
9.9. You agree that any ads we create are our proprietary work and acknowledge our Copyright in the same in our sole name. This is not a work for hire contract. We will maintain ownership of all ads created.
9.10. We own the rights to all advertisement campaigns created by us.
9.11. Information regarding specific demographics or top performing advertisements may be provided to you at an additional cost.
10. License and Rights Granted to Us [Go to TOP]
10.1. By submitting or authorizing your contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display your contributed content that was displayed in such listing.
10.2. You further grant us and our affiliates the ability to copyright and protect your contributed content, including the images, copy, and content available, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution.
10.3. You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with.
10.4. Further, you agree that we may reproduce in whole or in part any photographic material supplied by you.
10.5. In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any of your contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with your contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of your contributed content by us or our affiliates.
11. Third Party Products [Go to TOP]
11.1. In some cases, we are a reseller of goods, services and information (“Third Party Products”) provided by other suppliers that are not affiliates of us (“Third Party Suppliers”) and some of the Services may be, or may include, Third Party Products.
11.2. Those Third Party Suppliers may require that you consent to terms and conditions that differ from or are in addition to those in this Agreement. With respect to all Third Party Products, those terms and conditions will govern the respective Third Party Products.
11.3. Any warranties related to Third Party Products are those of the Third Party Supplier, and not ours.
11.4. WE ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY THIRD PARTY PRODUCTS.
11.5. If a Third Party Supplier ceases to make any Third Party Products available to us on reasonable terms, we may, without penalty or premium, stop offering those Third Party Products and the Products that rely on those Third Party Products.
12. Disclaimers and Limitations [Go to TOP]
12.1. ALL SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND YOUR USE OF THE SERVICES ARE SOLELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THE DOWNLOADING OF ANY MATERIAL AND/OR DATA FROM ANY SOURCE PROVIDED BY US, A THIRD PARTY SUPPLIER, OR THEIR RESPECTIVE LICENCORS AND OTHER CONTRACTORS. WE ON OUR OWN BEHALF AND ON BEHALF OF THE THIRD PARTY SUPPLIERS AND THEIR RESPECTIVE LICENCORS AND OTHER CONTRACTORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE IN THE TRADE.
WITHOUT LIMITING THE PRECEDING, NEITHER WE NOR THE THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE LICENSORS OR OTHER CONTRACTORS WARRANT THAT THE SERVICES (a) WILL BE SUITABLE FOR OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (b) WILL BE EFFECTIVE OR WILL ACHIEVE ANY PARTICULAR RESULTS OR BUSINESS OBJECTIVES; or (c) WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL OR DISABLING CODE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. TO THE EXTENT ANYONE AT OUR COMPANY PURPORTS TO MODIFY THESE LIMITATIONS, YOU MAY RELY ON THAT MODIFICATION ONLY IF IT IS DESCRIBED IN REASONABLE DETAIL IN WRITING AND HAS BEEN SIGNED BY AN OFFICER OF OUR COMPANY. [SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND SOME OF THE EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.]
12.2. Neither we, the Third Party Suppliers nor their respective licensors and other contractors will have any liability, and we and they expressly disclaim any responsibility, for any losses, damages, liabilities, costs or expenses, resulting from or relating to: (a) access delays or access interruptions; (b) data non-delivery or data miss-delivery; (c) force majeure events; (d) errors, omissions, or misstatements in, or your inability to use, any Services; (e) the deletion of or failure to store email messages; (f) the development or interruption of your website, internet, or your media platform; (g) or any other standard that is not controlled solely by us.
12.3. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THAT CLAIM OR CAUSE OF ACTION AROSE OR THAT CLAIM WILL BE FOREVER BARRED.
12.4. NEITHER WE, THE THIRD PARTY SUPPLIERS NOR THEIR RESPECTIVE LICENSORS OR CONTRACTORS WILL BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, COST OF CURE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY OR OTHERWISE, WITH RESPECT TO ANY SERVICES, OUR NEGLIGENCE AND/OR ITS BREACH OF THIS AGREEMENT, IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 90 DAYS PRECEEDING THE DATE THE CLAIM AROSE. [TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY DESCRIBED IN THIS SECTION, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN THOSE STATES.]
12.5. None of the preceding disclaimers, exclusions or limitations will apply to (a) your failure to pay the fees and other charges for the Services, and any attorney fees incurred by us in connection with the collection of those amounts; or (b) amounts paid or payable to unrelated third parties under the Indemnity of this Services Agreement and related defense costs.
13. Indemnity [Go to TOP]
13.1. You will indemnify, defend and hold us harmless, the person providing the Third Party Services and any of their licensors, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns (collectively, the “Company Indemnitees”) from all Indemnified Losses, relating to or arising out of (a) your breach of this Agreement or negligence; (b) a claim by any person providing Third Party Services; (c) the inclusion of any other person’s copyrighted material, trademarks and trademarks in any meta-tags or other elements of a Service; (d) any comments, documents or other content that any persons posts on your website, on your media platform, or on any other public electronic forum associated with you, your goods, services or other services; (e) any internet piracy, account inaccessibility, fraudulent content posting, social network interactions, actions of online users, inaccurate ad serving, and other related issues; (f) any goods, services, information, material or content on your media platform.
13.2. You will indemnify, defend and hold us harmless in regards to any of our licensors, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all Indemnified Losses, relating to or arising out of any or all changes to media platforms including but not limited to appearance, structure, media platform adjustments and/or modifications, advertising policies, services, removal of business media platforms, social groups, or other business related media platforms for any reason.
13.3. As a condition to receiving the protections described above, the person entitled to those protections (the “Indemnitee”) must (a) provide the party obligated to provide those protections (the “Indemnitor”) prompt notice of any claim that might give rise to an Indemnified Loss (except that failure to give prompt notice will not limit, impair or otherwise affect the Indemnitee’s rights unless the Indemnitor is prejudiced by that failure, and then only to the extent of the prejudice); and (b) give the Indemnitor full and complete authority (including settlement authority), information and assistance for the defense of that claim; and neither party will settle any such claim without the other party’s prior written consent except that the Indemnitor may enter into a settlement agreement as long as it includes a full and final release of all claims against the Indemnitee, does not admit fault or liability by the Indemnitee and does not impose any continuing obligations on the Indemnitee.
14. Headings [Go to TOP]
The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not affect in any way the interpretation of this Agreement.