Legal Terms and Conditions of the Not A Fan Website
These Legal Terms and Conditions govern your access to and use of the website and your use of this site constitutes your legally binding agreement to them. Your use and access is expressly conditioned on your acceptance of and compliance with these Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use this site. Note that any violation of these Terms and Conditions may result in termination of your ability to access the site, as well as severe legal sanctions as provided by law. In order to use the Website, you must be at least 18 years of age. You represent that you are at least 18 years old. If you are not at least 18 years old, you may not use this site. We reserve the right at any time to change all or any part of these Terms; including by eliminating or discontinuing any content on or feature of the Website. You agree at all times to read and be bound by the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any rejection of material, or any elimination or discontinuation of any content on or feature of the site. The site, including all such materials and all intellectual property rights therein, remain the property of City on a Hill Productions of Jefferson County, Kentucky, Inc. At all times you agree to comply with all applicable laws, rules and regulations. In addition, we require users of the site to respect the rights and dignity of others. Your use of the site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the site, and you agree not to: Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information; Restrict or inhibit any other user from using the site, including, without limitation, by means of “hacking” or defacing any portion of the site;
Violate any applicable laws or regulations; Express or imply that any statements you make are endorsed by us, without our prior written consent; Upload to display on the site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Use the site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; Engage in spamming or flooding; Access or use (or attempt to access or use) another user’s content without permission; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the site; Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the site; “Frame” or “mirror” any portion of the site, or “deep link” to any page of or material on the site other than the URL located at www.notafan.com without our prior written authorization; Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the site; or Harvest or collect information about or from users of the site without their express consent and, if such consent is provided, only pursuant to applicable law. We may suspend and/or terminate your access to and use of the site and/or any features made available through the site immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.
Your Submissions
In the event that you post or upload to the site, or otherwise submit through use of the site, any materials including, without limitation, photographs and other images, videos, music, text, graphics, visuals, data, files, and other materials (collectively, “Submissions”), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the site (including without limitation for purposes of promoting the site). You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Website), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to City on a Hill Productions of Jefferson County, Kentucky, Inc. a copy of any such consents, releases and/or permissions upon City on a Hill Productions of Jefferson County, Kentucky, Inc.’s request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we require that you not include any identifying information (such as the individual’s name or address) with such Submission. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Websites; to protect us and our affiliates, distributors, members, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Copyright Issues
City on a Hill Productions is committed to protecting copyrights and requires users of the site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must be sent to notafan@secc.org and must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Website or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Access By Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering websites) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that City on a Hill Productions of Jefferson County, Kentucky, Inc. does not endorse any of the products or websites listed at such sites.
Indemnification
You agree to indemnify, defend and hold us, our affiliates, distributors, members, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Website (including, without limitation, any and all purchases).