Welcome to Fanpoint.com

The following terms and conditions (the “Terms of Service” or “Agreement”) form a binding agreement between you and us. The terms “Fanpoint”, “us”, “we” or “our” refers to Fanpoint Sp. z o.o. who offers the Services. The term “you” or “your” refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.

Our Services

We provide a suite of custom Facebook Apps solutions through our Site at http://www.fanpoint.com and any other related websites, toolbars, widgets, applications or other distribution channels. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.

Acceptance of the Terms

By accessing or using the Services, you agree to be bound by these Terms of Service, whether you are a “Member” (which means that you have registered for an account) or a “Visitor” (which means that you are visiting the Site or any of our related websites, toolbars, widgets, applications or the like). The term “User” refers to a Visitor or a Member. These Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (collectively, the “Guidelines”) will govern your use of the Services. If you do not agree to these Terms of Service or any of our Guidelines, do not use any of our Services.

Eligibility

By using the Services, you represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. All registration information you submit is truthful and accurate. You will maintain the accuracy of such information. You are 18 years of age and older; and your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited.

Your Account

You can create an account with us by registering on the Site. You are solely responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.

Fees and Subscription Plans

Additional Services are available on monthly subscription plans. When you subscribe for Paid Services, the seller of these services and the party you are contracting with is Fanpoint Sp. z o.o.. Your subscription is billed in advance. Subscriptions are non-refundable. We reserve the right to change the subscription fee. Any changes to fees for Paid Services will be notice by posting such changes on the Site. Information on the subscription options and charges for all paid Services is available at http://fanpoint.com/pricing/. all fees are quoted in U.S. Dollars.

Payments

You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. When you make a purchase, you authorize us to charge the full amount to the Payment Method you designate for the transaction. We accept PayPal payment.

Your Content

Any content you store on our Services remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate. The license you grant us is non-exclusive, fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).

You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you as is for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services. If You use the Services to create a contest or promotion, You are solely responsible for ensuring that the operation and terms and conditions of any such promotion or contest abide by all applicable laws and Facebook guidelines.

User Data

You own the Content created by you. Unless specifically permitted by you, your use of the Services does not grant us the license to use the Content created by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. We are not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate the account of any User in accordance with this Agreement.

Prohibited Activity

You agree not to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.

Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.

Inactive User Accounts Policy

We reserve the right to disable or deactivate unpaid User accounts that are inactive. In the event of such termination, all data associated with such User account may be deleted.

Service Communications

By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or our offers. If you do not want to receive certain email messages, you may opt out by contacting our support team.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights.

Fanpoint trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of Fanpoint and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fanpoint.

Limitation of Liability

You expressly understand and agree that Fanpoint its subsidiaries, and affiliates, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

Changes to Services

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on our site. The revised version will be effective at the time we post it. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes.

Term and Termination

You may terminate your account and end your use of the Services at any time and for any or no reason. Fanpoint has the right for any reason to delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, remove and discard any Content within any account or anywhere on the Site or shut down an account, with or without notice, and with no liability of any kind to you.