TERMS OF USE

PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING THIS SITE.

This TERMS OF USE applies to the http://www.i-fanatic.com/ website (“Site”) and your use of the Site signifies your agreement with the following Terms (the “Terms”).  If you do not agree with any of the Terms, please do not use this Site.  IFANATIC, LLC reserves the right, in its sole discretion, to modify these Terms without further notice and at any time.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with IFANATIC, LLC for products, services, or otherwise. If you register for and/or use the additional features located on our Site additional rules, policies, and disclaimers may apply.

Privacy Policy 
Users of this Site should refer to IFANATIC, LLC’s Privacy Policy for information about how IFANATIC, LLC uses, collects information, and may disclose or otherwise provide it to third parties.

Copyright and Trademarks

Copyrights:  All materials on this Site, including, without limitation, the IFANATIC, LLC logo, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are protected by copyrights which are owned or licensed by IFANATIC, LLC, or otherwise used with permission by IFANATIC, LLC.  You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by IFANATIC, LLC without the prior written permission of IFANATIC, LLC.  Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of IFANATIC, LLC's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from IFANATIC, LLC.

Trademarks:  The iFanatic name and image are trademarks in the United States may not be copied, imitated, or used, in whole or in part, without the prior written permission of IFANATIC, LLC or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of IFANATIC, LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IFANATIC, LLC.

IFANATIC, LLC either uses with permission or owns all of the images displayed on the Site. You may not use those images unless expressly and specifically permitted by these Terms of Use, or specific permission is expressly provided elsewhere in the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and IFANATIC, LLC expressly reserves all rights it may have with respect to those images under any of those laws, regulations and/or statutes.

All trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered trademarks of IFANATIC, LLC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without written permission of IFANATIC, LLC or such third party that may own the Trademarks displayed on the Site. You are strictly prohibited from misusing any Trademark displayed on the Site or any other content on the Site. You are advised that IFANATIC, LLC aggressively enforces its intellectual property rights to the fullest extent of the law.

User Conduct

In using the Site, you agree:

Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;

Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;

Not to use, frame, or utilize framing techniques to enclose any IFANATIC, LLC trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without IFANATIC, LLC' s express written consent;

Not to use meta tags or any other "hidden text" utilizing a IFANATIC, LLC name, trademark, or product name without IFANATIC, LLC's express written consent;

Not to “deeplink” to this Site without IFANATIC, LLC's express written consent;

Not to create or use a false identity on this Site;

Not to collect or store personal data about others;

Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and

Links
IFANATIC, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of IFANATIC, LLC and IFANATIC, LLC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by IFANATIC, LLC of the Site or any information contained therein. When leaving the Site, you should be aware that IFANATIC, LLC's Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Disclaimers
By using this Site and/or transmitting to it any Content, you agree to indemnify IFANATIC, LLC, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE AND ANY PRODUCTS PROMOTED, MARKETED, AND/OR SOLD BY IFANATIC, LLC OR OTHERS ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IFANATIC, LLC MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
The materials provided in this Site are for entertainment and promotional purposes only.  User may not rely on any information and opinions expressed in it for any other purpose. Neither IFANATIC, LLC, nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site.

Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL IFANATIC, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF IFANATIC, LLC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IFANATIC, LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IFANATIC, LLC FOR ANY PRODUCTS SUPPLIED BY IFANATIC, LLC THROUGH YOUR USE OF THE SITE.

IFANATIC, LLC will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Changes to the Site
IFANATIC, LLC may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that IFANATIC, LLC shall not be liable therefor.

International Users
This Site is controlled, operated, and administered by IFANATIC, LLC from its offices within the United States of America. IFANATIC, LLC,  makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without resort to its conflict of law provisions.  In the event of a dispute arising out of your use of the Site and/or these Terms, the proper jurisdiction and venue will be the state courts of the State of North Carolina in Wake County or, as may be appropriate, the U.S. District Court for the Eastern District of North Carolina.  You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute. 

Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least thirteen (13) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Site only as set forth in the Terms. IFANATIC, LLC does not warrant that: (a) the Site will be uninterrupted or error free; (b) defects or errors in the Site will be corrected; (c) the Site will be free from viruses or other harmful components; or (d) any information contained in the Site will be accurate or reliable.

Headings
The section titles in these Terms are used solely for the convenience of you and IFANATIC, LLC and have no legal or contractual significance.

Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

General
The Terms constitute the entire agreement between IFANATIC, LLC and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by IFANATIC, LLC to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and IFANATIC, LLC, and you do not have any authority to create any obligation or make any representation on IFANATIC, LLC' behalf. You may not assign this agreement, by operation of law or otherwise, without IFANATIC, LLC' written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and IFANATIC, LLC and their respective successors and assigns.

Last Updated: February 27, 2007