Last Revised: December 15, 2015
Welcome to fanatchicks.com.
We reserve the right to update or modify these Terms at any time without prior notice. Such modifications are effective upon posting to this website. For this reason, we encourage you to review these Terms whenever you visit our website.
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, music, sounds, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials (“Fanatchicks Content”) are owned, controlled or licensed by White House Black Market and its Affiliates. Fanatchicks Content is provided solely for your personal, noncommercial use. No right, title or interest in downloaded Fanatchicks Content is transferred to you as a result of any such downloading or copying. Unless expressly stated to the contrary, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Fanatchicks Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Fanatchicks Content.
User-Generated Content and Submissions
You acknowledge and agree that you are solely responsible for, and we claim no ownership to, any content, including profiles, information, messages, text, images, illustrations, icons, photographs, videos, music or any other content or materials (“User-Generated Content”), you submit, upload, post, pin or otherwise provide or make available to Fanatchicks or its Affiliates or vendors, or make available on or through this website, including User-Generated Content that is on yours or a third party social media website, including, but not limited to, Facebook, Instagram, Pinterest, Periscope and/or Twitter, which you have expressly agreed to allow our use of, including those associated with hashtags related to Fanatchicks, such as, #IAmAFanatchick (“Submission(s)”).
You must be at least 18 years old to make a Submission. Your Submission may be used in any Fanatchicks advertising, marketing or promotional materials, including this website, printed materials, emails, social media sites and in-store marketing materials. If your Submission is used byFanatchicks, it may be publicly displayed along with your name and associated Facebook, Instagram, Pinterest, or Twitter profile information. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
Any questions, feedback, comments, suggestions regarding our current products and services, as well as any or your ideas and concepts for new products and services, offered to us (“Feedback”) will be and remain the property of Fanatchicks and its Affiliates and will be deemed non-confidential and non-proprietary. Your Feedback, whether directly posted on this website, including but not limited to Ratings and Reviews, or via email, postal mail, or otherwise, will constitute an assignment to Fanatchicks and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in your Feedback. Fanatchicks shall be free to use, reproduce, disclose, publish and distribute your Feedback (or any part thereof, in edited or modified form) in any manner and for any purpose whatsoever, without compensation to you. By sending us your Feedback, you acknowledge and agree that such Feedback may be used in any Fanatchicks advertising, marketing or promotional materials, including but not limited to printed materials, emails, social media sites and in-store marketing materials. If your Feedback is used by Fanatchicks, it may be publicly displayed along with your name and and/or biographical information.
Fanatchicks specifically prohibits you from sending us any information that you consider to be confidential or proprietary or that you would object to our use in marketing materials. Please note that if you do send us any such information or material, we can fully exploit the information without any compensation, obligation or liabilities to you. You further agree that your Feedback will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; your Feedback will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.
You agree that you bear all risk associated with the use of or reliance on any Feedback and/or User-Generated Content. Under no circumstances will we be liable for any Feedback and User-Generated Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User-Generated Content posted, emailed or otherwise made available to us. You acknowledge that Fanatchicks does not pre-screen or approve Feedback and User-Generated Content, but that we have the right (but not the obligation) to refuse, delete or remove any Feedback and User Content for any reason, within our sole discretion.
Copyright Infringement Policy:
We respect the intellectual property rights of others and expect others to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice.
Copyright Infringement Notification
In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Fanatchicks Media, LLC’s Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).
To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
- Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
- Include both of the following statements in the body of the Notice:
- 1) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- 2) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Attn: Lesley Batson
Fanatchicks Media, LLC
8131 Vineland Avenue PMB 144
Orlando, FL 32821
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.
Product Display and Information
We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices , discounts and promotions may vary by shipping destination. We reserve the right to change pricing, discounts and promotions at any time.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed. We reserve the right to refuse to accept, place or cancel orders if evidence of potential fraud or misconduct exists, as determined in our sole discretion.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.
This website and Content are provided on an “as is” basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.
You agree to defend, indemnify, and hold Fanatchicks and its Affiliates (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, related to or arising out of your use of the website and/or your breach of the Terms.
Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any fanatchicks.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to Fanatchicks, notice will be sent to Fanatchicks Media, LLC, Attention: Legal Department, 8131 Vineland Avenue PMB 144, Orlando, FL 32821. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Fanatchicks and its Affiliates agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Orange County, Florida. The Terms will be construed in accordance with the laws of the State of Florida, without regard to any conflict of laws provision.
Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website.
© 2015 Fanatchicks Media, LLC. All Rights Reserved