Termini di servizio
1. DESCRIPTION OF SERVICES
eFanswer services which are located at: http://www.eFanswer.com and all linked pages owned and operated by eFanswer (the “Web Site”), provide a direct channel of connection between fans an celebrities in order to participate in active online communities with other fans who share the same interests (“eFanswer Services”). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Web Site and eFanswer Services. Please read these Terms of Service carefully. Your access to or use of the eFanswer Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the eFanswer Service.
You must be eighteen (18) or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a eFanswer member or use the Web Site and eFanswer Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the eFanswer Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. By using the Web Site and/or eFanswer Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the Terms of Service set forth herein.
3. CHANGES TO THE AGREEMENT OR TO THE EFANSWER’S SERVICES
You agree and understand that these Terms of Service, the Web Site and the eFanswer Services may be modified by eFanswer at any time without prior notice [oppure with a prior notice sent email via], and such modifications will be effective upon eFanswer’s posting of the new terms and/or upon implementation of the new changes on the Web Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the eFanswer Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by eFanswer, any new features, new services, enhancements or modifications to the eFanswer Service implemented after your initial access to the Service shall be subject to these Terms of Service.
In order to use or access to eFanswer Services, you may be required to register with eFanswer and to select a password and user name giving email address (“User ID”). If you register, you agree to provide eFanswer with accurate, complete, and updated personal information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without authorization. eFanswer reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the eFanswer Service shall be for your personal use only. You agree to (a) immediately notify eFanswer of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
Under no circumstances will eFanswer be liable in any way for any information, texts, sounds, photographs, graphics, videos, messages and other materials available via the Web Site and eFanswer Service (the “Content”), including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are responsible for complying with all laws applicable to the content you submit via the Web Service. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. eFanswer reserves the right to edit and delete links or content that we deem offensive and non-compliant with our Terms of Service. eFanswer also reserves the right to append or edit links submitted by users with our affiliate marketing tags. Links submitted by users with their own affiliate codes will be modified accordingly.
4.3. Content posted by you on the Web Site.
1. You may not post, disseminate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
2. You understand and agree that eFanswer may review and delete any Content (e.g. links, images, profiles, comments, postings, messages) that in the sole judgment of eFanswer violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the eFanswer Site and/or other website users.
3. You are solely responsible for the any Content that you publish or display on the Web Site or transmit to other members and/or other website users (hereinafter, “Posted Content”).
4. You are solely responsible for your ratings and comments on Web Site. eFanswer reserves the right, but has no obligation, to monitor disputes between you and any site which you have posted.
5. You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
6. By posting Posted Content on the Web Site, you agree to and hereby to grant, and you represent and warrant that you have the right to grant eFanswer, its contractors, and the users of the Web Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
7. In case of eStarbook’s development (more info available here http://www.efanswer.com/estarbook-tos) the user grants to eFanswer a license on exclusive basis to use the Posted Contents produced in connection with the use of eFanswer Service and connected to the Web Site;
8. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Web Site. eFanswer reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the eFanswer Service and terminating the membership of such violators or blocking your use of the eFanswer Service and/or Web Site. You may not post Content that:
(a) is false or intentionally misleading;
(b) is patently offensive to users of the Web Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of unsolicited mass mailing or “spamming”;
(e) promotes illegal activities or conduct that is abusive;
(f) is threatening, obscene, defamatory or libellous;
(g) is pornographic or sexually explicit in nature; and
(h) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
4.4. Restrictions on rights to use
You shall not (and you agree not to allow any third party to):
(i) modify, adapt, translate, or reverse engineer any portion of the Web Site and/or eFanswer Service;
(ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Web Site and/or eFanswer Service;
(iii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Web Site and/or eFanswer Service;
(iv) collect any information about other users or members (including usernames and/or e mail addresses) for any purpose other than to solicit and share with other eFanswer users or members;
(v) reformat or frame any portion of the web pages that are part of the Web Site and/or eFanswer Service;
(vi) create user accounts by automated means or under false or fraudulent pretences;
(vii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Web Site and/or eFanswer Service or otherwise interfere with other user’s or member’s enjoyment of the Web Site and/or eFanswer Service;
(viii) submit any third party materials or Content without such third party’s prior written consent;
(ix) submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by eFanswer;
(x) submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
(xi) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(xii) use of the Web Site or eFanswer Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
(xiii) copy or store any Content offered on the Web Site for other than your own use;
(xiv) submit Content or materials that are unlawful or promote or encourage illegal activity;
(xv) submit false or misleading information to eFanswer;
(xvi) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
(xvii) use the Web Site and/ or eFanswer Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
(xviii) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.5. IP RIGHTS
We respect the intellectual property rights of others and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
5.1. IP dispute policy
eFanswer adopt the following general policy toward copyright infringement in accordance with the Legislative Decree n. 70/2003. The address of eFanswer’s Designated Agent to receive notification of claimed infringement (“Designated Agent”) is provided at [*] Mattia Baldassarre. eFanswer copyright policy is aim to (i) block access to or remove material that has been illegally copied and disseminated by any of our members or users; and (ii) remove and discontinue service to repeat offenders.
5.2. Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Web Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Infringement Notification”):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that eFanswer is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
5.3. Upon receipt of Infringement Notification
Once Infringement Notification is received by the Designated Agent, it is eFanswer’s policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that eFanswer will terminate such Content provider’s, member’s or user’s access to the service.
5.4. Procedure to Supply a Counter-Notice to the Designated Agent
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;6. PRIVACY
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the eFanswer Service, such activity is solely between you and the applicable third party. eFanswer shall have no liability, obligation or responsibility for any such activity. You hereby release eFanswer from all claims arising from such activity.8. OWNERSHIP
Except for the Content submitted by members or users, the eFanswer Service and all aspects thereof, including all copyrights, trademarks and other intellectual property or proprietary rights therein, is owned by eFanswer. You acknowledge that the eFanswer Service and any underlying technology or software used in connection with the eFanswer Service contain eFanswer’s proprietary information.
You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Web Site or eFanswer Services in whole or in part except as expressly provided in eFanswer’s policies and procedures made available via the eFanswer Service. Except as expressly and unambiguously provided herein, eFanswer does not grant you any express or implied rights, and all rights in the eFanswer Service not expressly granted by eFanswer to you are retained by eFanswer.9. WARRANTY DISCLAIMERS
The Web Site is provided by eFanswer on an “as is” basis. eFanswer and its licensor make no representations or warranties of any kind, express, statutory, or implied as to the operation of the Web Site and eFanswer Service or software or the information, content, materials, or products included on the eFanswer or in association with the eFanswer Services. To the full extent permissible by applicable law, eFanswer and its licensor disclaim all warranties express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non infringement. eFanswer and its licensor further do not warrant the accuracy or completeness of the information, text, graphics, link or other items contained within Web Site or provided with eFanswer Services.
eFanswer is not liable for the conduct of any user of the Web Site. eFanswer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Web Site or eFanswer Service or any hyperlinked website or featured in any banner or other advertising and eFanswer will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. eFanswer does not warrant or covenant that the eFanswer Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the eFanswer Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the eFanswer Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.10. LIMITATION OF LIABILITY
eFanswer shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond eFanswer’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Without limiting the foregoing, eFanswer will not be liable for any indirect, incidental, punitive, and consequential damages including but not limited to loss of profit, business interruption.11. INDEMNITY
You agree to indemnify and hold eFanswer, its subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the eFanswer Site, (ii) your use of the eFanswer Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.12. MISCELLANEOUS
1. If there is any dispute about or involving the Web Site and/or the eFanswer Service, by using the Web Site, you agree that the dispute will be governed by and construed in accordance with Italian law and the parties hereby submit to the exclusive jurisdiction and competence of the Court of Milan without regard to its conflict of law provisions.
2. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind eFanswer in any respect whatsoever. eFanswer may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the eFanswer Service. These Terms of Service, accepted upon use of the Web Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and eFanswer regarding the use of the Web Site and/or the eFanswer Service.
3. The failure of eFanswer to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
eFanswer, the eFanswer trademark related designs and/or pictures or photograph, domain name “eFanswer.com”, are owned by eFanswer LTD. You agree not to display or use these trademarks in any manner without eFanswer’s prior written consent.14. CONTACT AND VIOLATIONS
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@eFanswer.com.