Your company, nonprofit, and/or end user is liable for all calls and text messages originating from your account. Period.
I, the Fanmuse User or Company Representative, DECLARE THAT I HAVE READ AND AGREE TO THE TERMS OF SERVICE, AND AGREE TO THE FOLLOWING:
IF YOU DO NOT AGREE WITH ANY TERMS ON THIS WEBSITE, PLEASE LEAVE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND TO FOLLOW THE "RESPONSIBLE USE OF SERVICE" TERMS, DO NOT UTILIZE Fanmuse. THANK YOU.
A. Fanmuse will not be liable for:
B. IN NO EVENT WILL Fanmuse BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT Fanmuse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
C. Fanmuse will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by Fanmuse.
D. Fanmuse MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. Fanmuse DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON Fanmuse'S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY Fanmuse.
E. Fanmuse will not be liable for any act or omission of any other company or companies furnishing a portion of the service or from any act or omission of a third party, including those vendors participating in Fanmuse offerings made to CUSTOMER, or for damages associated with service or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with Fanmuse services.
F. Fanmuse may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
G. I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.
The following information is provided in an effort to promote responsible use of the Fanmuse service.
The Fanmuse service places the ability to launch an entire telemarketing campaign in the hands of you, the subscriber. Fanmuse respects your privacy. We will not monitor your audio messages, read, or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the law or properly enforce the Fanmuse terms of service agreement. Since it is you, the subscriber, who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, we here at Fanmuse feel it necessary to provide you, the subscriber, with the following information in an effort to ensure that all Fanmuse subscriber calling campaigns are conducted responsibly.
IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
Prior to using Fanmuse, I will make sure that I am familiar with any Federal or State Laws that would be applicable to my call campaign.
This campaign will be respectful of proper calling time restrictions that would be applicable to my specific call campaign.
I understand that I may contact Fanmuse if I wish to upload an existing do not call list. In the event a recipient makes a request to be taken off my calling list, I will do so immediately and indefinitely.
I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
I will Follow Federal and State calling time rules and or restrictions.
I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during the call.
I will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
I will avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtained by the recipient.
I will avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven't received permission to call.
I understand and have read the Fanmuse Terms of Service (Reachable by clicking the "Terms of Service" link at the bottom of the main page).
ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. Fanmuse INC SAVES (BUT DOES NOT OTHERWISE UTILIZE) ALL DATA FROM YOUR DIALING CAMPAIGNS. Fanmuse INC MAKES AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.
The Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC) do not call list registry rules, and various State laws place restrictions on certain types of phone calls. Typically, a call may be exempt from the TCPA if the call:
Fanmuse is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you, the subscriber, to check out the legal requirements pertaining to your call campaign prior to using Fanmuse services. You are ultimately responsible to make your own informed decisions regarding your call campaign.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING Fanmuse WITH THE "RESPONSIBLE USE OF SERVICE" TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY Fanmuse. THANK YOU.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF Fanmuse, WHICH IS PROVIDED BY Fanmuse. BY ACCESSING Fanmuse, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY Fanmuse AT ANY TIME IN ITS DISCRETION. YOUR USE OF Fanmuse AFTER SUCH CHANGES IS IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF Fanmuse.
The terms "we," "us," and "our" refer to Fanmuse. The term the "Site" refers to Fanmuse. The term "user," "you," and "your" refer to site visitors, customers, and any other users of the site. The term the "Service" refers to the services and/or products provided by Fanmuse via Fanmuse. The term the "Content" refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software, or other material. The term "Submissions" refers to any graphics, artwork, photos, videos, audios, text, code, software, or other material provided by you to Fanmuse via our Site, Service, or company email or regular mail.
Our Fanmuse's Privacy Policy is part of, and subject to, these Terms and Conditions of Use. You may view our Privacy Policy elsewhere on our website. To the extent there is a conflict, the terms of the Privacy Policy shall govern. Any other policies, notices, or other legal/administrative pages contained in our website are also necessarily incorporated into these Terms and Conditions of Use by reference.
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the Service is subject to change. Hot Prospector makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current, or error-free. Hot Prospector disclaims all liability for any inaccuracy, unreliability, error, or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video, and/or audio format and is provided for the user's convenience for informational, educational, and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health, or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Hot Prospector may, within our sole discretion, terminate your license to use the Site and access to the Site for any reason or no reason whatsoever, and without giving you notice.
In order to use the Service, you may be required to provide information about yourself, including your name, email address, username, and password, and other personal information. You agree that any registration information you give to Hot Prospector will always be current, correct, and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without Hot Prospector's express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person, or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Hot Prospector. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove, or post links at any time. If you would like to report problems with links on our Site, see our address below.
Hot Prospector prohibits the uploading, posting, or otherwise making available on the Site any artwork, photos, videos, audios, text, or other submission of material (collectively "Submissions") protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right