Updated: October 1, 2015

 

1. ACCEPTANCE OF TERMS OF USE

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. FANPUSH, INC. (hereafter referred to as “FANPUSH”), owns and operates this Web, located at http://www.fanpush.com (hereafter referred to as “FANPUSH.COM”). This Terms of Use Agreement (hereafter referred to as "this Agreement") states the terms and conditions under which you may access and use FANPUSH.COM. By accessing and using FANPUSH.COM you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use FANPUSH.COM. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF FANPUSH OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. FANPUSH may revise this Agreement at any time by updating this posting. Use of FANPUSH.COM after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

You will not hold FANPUSH responsible for others’ content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.

 

2. DESCRIPTION OF FANPUSH.COM

FANPUSH.COM is a direct-to-fan fundraising platform that connects to Project Creators with it's Fans through Facebook, Twitter and other social network systems. Project Creators are able offer Goods to their loyal Fans in return for their Contributions made towards their creative endeavors.

All transactions are through the use of PayPal. As used herein, “Project Creator” is a person that pays fees, “Site Administrator” is responsible for setting up and managing Projects to collect money from members or supporters and handle the funds, “Project Creators” can be an individual, a group, team, club, charity, company or campaign, “Supporter” is any individual or company that contributes money to a Project and User may be a Member, Site Administrator, Project Creator and/or Supporter.

On FANPUSH.COM you may be exposed to a Member's Content which may be indecent, offensive, inaccurate, and even objectionable. Member's Content should not be viewed as being an opinion given by FANPUSH. You need to accept that FANPUSH is not responsible for any losses or damages that occur from a Member's Content.

 

3. PAYMENT PROCESSING INFORMATION

All Project Creator payments and Supporter contributions with FANPUSH.COM are processed by PayPal.

i. When transacting through PayPal it is necessary that FANPUSH.COM Users be subject to and adhere to the terms of the applicable PayPal User Agreement and PayPal Acceptable Use Policy. FANPUSH is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to FANPUSH on the one hand and FANPUSH.COM Users on the other hand. To the extent that FANPUSH.COM is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of FANPUSH.COM hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider’s terms of service, and neither FANPUSH or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this TOS shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to FANPUSH.COM.

ii. By using FANPUSH.COM, all Users agree to PayPal withholding FANPUSH’s convenience fee and making these convenience fees available to FANPUSH. For detailed information on FANPUSH convenience fees see the Fee Schedule section below.

iii. Organizations and Site Administrators accept the responsibility to provide refunds to Members and Supporters at their own discretion. FANPUSH will NOT be held liable for refunds or lack thereof.

 

4. FEE SCHEDULE

FANPUSH.COM uses PayPal API to collect funds from Contributors and transfer it directly to the PayPal account of the Project Creator. For the provision of this service, FANPUSH.COM charges the Project Creator a Fee which is deducted from the Project Creator's PayPal account simultaneously with the deposit of the funds from the Contributor.

Project Creators pay 4.0%* FANPUSH.COM Fee and the PayPal Fee^ for all Projects whether it reached its goal or not.

* FANPUSH.COM Fee includes 5.0% Goods & Services Tax (GST) for Projects within Canada

^ Standard PayPal fee in Canada & USA is 2.9% + 30¢ per transaction.

^ PayPal fees for all other countries may vary depending on your country and the amount of money raised. For more information on PayPal fees, please visit PayPal Fees

 

5. REFUND POLICY

As FANPUSH.COM is a payment facilitator via PayPal, Members and Supports MUST request any and all refunds directly from the Organization.

For Organizations to receive a reimbursement of the FANPUSH.COM convenience fee, the Site Administrator MUST process the refunded payment or contribution to a Member or Supporter through PayPal within seven (7) days from the date of processing the payment or contribution that is being refunded.

 

6. FURTHER SERVICE UNDERSTANDINGS

Unless explicitly stated otherwise, any new features that augment or enhance FANPUSH.COM, shall be subject to the TOS. You understand and agree that FANPUSH.COM is provided AS-IS and that FANPUSH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.

 

7. FUNDRAISING ON BEHALF OF OTHER ORGANIZATIONS

From time to time, Users desire to raise money on behalf of non-profit, business or political Organizations. To comply with federal, state and local laws, the User must provide FANPUSH and PayPal with proof that the Organization has clearly authorized the User to act on its behalf. To apply to accept funds on behalf of another Organization, the User must submit by email to PayPal and FANPUSH a Letter of Subordination on letterhead from the Organization and signed by an authorized Officer of that Organization that expressly grants the User the right to fundraise on behalf of the Organization. Copies of the documents should be sent to: compliance@paypal.com and compliance@FANPUSH.COM.com.

 

8. PROHIBITED ACTIVITIES

In addition to the activities listed in the Conduct section below, Organizations are specifically prohibited from activities that violate the PayPal Acceptable Use Policy and the Facebook Terms of Service. Organizations are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Organizations cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using FANPUSH.COM.

 

9. SET UP OBLIGATIONS

In consideration of your use of FANPUSH.COM, you agree to: (a) provide true, accurate, current and complete information about yourself or Organization as prompted during the set up and later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FANPUSH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FANPUSH has the right to suspend or terminate your use of FANPUSH.COM and refuse any and all current or future use of FANPUSH.COM (or any portion thereof). FANPUSH is concerned about the safety and privacy of all its Users, particularly children. For this reason, and to be consistent with PayPal’s User Agreement, you must meet or exceed the minimum age requirement to register for a PayPal account.

 

10. SECURITY

Please note that information sent or received over the Internet is generally unsecure and FANPUSH cannot and does not make any representation or warranty concerning security of any communication to or from FANPUSH.COM or any representation or warranty regarding the interception by third parties of personal or other information.

By using your Facebook account you will have access to FANPUSH.COM. You are responsible for maintaining the confidentiality of your Facebook account, and are fully responsible for all activities that occur in your Facebook account as it relates to FANPUSH.COM. You agree to immediately notify FANPUSH of any unauthorized use of your Facebook account or any other breach of security as it relates to FANPUSH.COM. FANPUSH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

11. CONDUCT

In using FANPUSH.COM, you understand that you are liable for all information, in whatever form, (Information) you make available to FANPUSH.COM users. You agree not to use FANPUSH.COM to:

a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a FANPUSH representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through FANPUSH.COM;

e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. interfere with or disrupt FANPUSH.COM or servers or networks connected to FANPUSH.COM, or disobey any requirements, procedures, policies or regulations of networks connected to FANPUSH.COM;

j. intentionally or unintentionally violate any applicable local, province, state, national or international law; or

k. stalk or otherwise harass another.

You acknowledge that FANPUSH does not pre-screen any Content working in coordination with FANPUSH.COM, but that FANPUSH and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of FANPUSH.COM. You acknowledge and agree that FANPUSH may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FANPUSH, its Users and/or the public. You understand that the technical processing and transmission of FANPUSH.COM, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

When transacting through PayPal it is necessary that FANPUSH.COM Users be subject to and adhere to the terms of the applicable PayPal User Agreement and PayPal Acceptable Use Policy which contain additional information and requirements in addition to those described above.

 

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

International Users are also advised that cross-border payment incur additional costs to FANPUSH.COM and PayPal. These costs are recovered by a surcharge (described in the FANPUSH.COM Fees section above) on all transactions to each individual campaign for that Organization that is authorized to accept cross-border payments.

 

13. INDEMNITY

You agree to indemnify and hold FANPUSH, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through FANPUSH.COM, your use of FANPUSH.COM, your connection to FANPUSH.COM, your violation of the TOS, or your violation of any rights of another.

 

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of FANPUSH.COM, use of FANPUSH.COM, or access to FANPUSH.COM, other than as provided within the scope of FANPUSH.COM.

 

15. MODIFICATIONS TO SERVICE

FANPUSH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FANPUSH.COM (or any part thereof) with or without notice. FANPUSH will not be responsible to you for refund, in whole or part, of convenience fees for any reason. You agree that FANPUSH shall not be liable to you or to any third party for any modification, suspension or discontinuance of FANPUSH.COM.

 

16. TERMINATION

You agree that FANPUSH, in its sole discretion, may terminate your use of FANPUSH.COM, and remove and discard any Information within FANPUSH.COM, for any reason, including, without limitation, for lack of use, failure to timely pay any convenience fees or other moneys due FANPUSH, or if FANPUSH believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FANPUSH may also in its sole discretion and at any time discontinue providing FANPUSH.COM, or any part thereof, with or without notice. You agree that any termination of your access to FANPUSH.COM under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FANPUSH may immediately deactivate or delete your Information and/or bar any further access to such files in FANPUSH.COM. Further, you agree that FANPUSH shall not be liable to you or any third-party for any termination of your access to FANPUSH.COM.

 

17. LINKS

FANPUSH may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FANPUSH has no control over such sites and resources, you acknowledge and agree that FANPUSH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FANPUSH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

18. PUBLISHING AND COMMUNICATIONS

By publishing their campaign, customers agree to their campaign images, videos, text or excerpts being made available for discovery in our FANPUSH.COM Find pages as well as their appearance in FANPUSH.COM communications or promotions. Private FANPUSH.COMs will not be published in this manner.

 

19. FANPUSH’s PROPRIETARY RIGHTS

You acknowledge and agree that FANPUSH.COM and any necessary software (Software) used in connection with FANPUSH.COM contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through FANPUSH.COM is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FANPUSH, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on FANPUSH.COM or the Software, in whole or in part. FANPUSH grants you a non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to FANPUSH.COM. You agree not to access FANPUSH.COM by any means other than through the interface that is provided by FANPUSH for use in accessing FANPUSH.COM.

 

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF FANPUSH.COM IS AT YOUR SOLE RISK. FANPUSH.COM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FANPUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. FANPUSH MAKES NO WARRANTY THAT (i) FANPUSH.COM WILL MEET YOUR REQUIREMENTS, (ii) FANPUSH.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FANPUSH.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FANPUSH.COM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FANPUSH.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANPUSH OR THROUGH OR FROM FANPUSH.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

21. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANPUSH 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 (EVEN IF FANPUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FANPUSH.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FANPUSH.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FANPUSH.COM; OR (v) ANY OTHER MATTER RELATING TO FANPUSH.COM.

 

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL CONVENIENCE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.

 

23. RELEASE

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

24. NOTICE

Notices to you may be made via either email or regular mail. FANPUSH may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on FANPUSH.COM. Our mailing address is: FANPUSH, Inc., 4011-349 West Georgia Street, Vancouver, BC, Canada V6B 3Z4

 

25. TRADEMARK INFORMATION

FANPUSH, trademarks and service marks, and other FANPUSH logos and product and service names are owned by and /or trademarks of FANPUSH (the FANPUSH Marks). Without FANPUSH’s prior permission, you agree not to display or use in any manner, the FANPUSH Marks.

 

26. GENERAL INFORMATION

A. Entire Agreement. The TOS constitutes the entire agreement between you and FANPUSH and governs your use of FANPUSH.COM, superseding any prior agreements between you and FANPUSH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.

B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the Province of British Columbia, Canada as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbia residents.

C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules observed by the Arbitrators Association of British Columbia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, British Columbia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and FANPUSH agree to submit to the personal jurisdiction of the courts located within the city of Vancouver, British Columbia. Either you or FANPUSH may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, British Columbia necessary to protect the rights or property of you or FANPUSH (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

D. Invalid Provisions. The failure of FANPUSH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FANPUSH.COM or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

27. VIOLATIONS

Please report any violations of the Terms of service to TOS-violations@fanpush.com.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on FANPUSH web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    i.    modify or copy the materials;

    ii.    use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    iii.    attempt to decompile or reverse engineer any software contained on FANPUSH web site;

    iv.    remove any copyright or other proprietary notations from the materials; or

    v.    transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FANPUSH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on FANPUSH web site are provided "as is". FANPUSH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FANPUSH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall FANPUSH or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on FANPUSH Internet site, even if FANPUSH or a FANPUSH authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on FANPUSH web site could include technical, typographical, or photographic errors. FANPUSH does not warrant that any of the materials on its web site are accurate, complete, or current. FANPUSH may make changes to the materials contained on its web site at any time without notice. FANPUSH does not, however, make any commitment to update the materials.

6. Links

FANPUSH has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FANPUSH of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

FANPUSH may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to FANPUSH web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.