Terms of Service

Welcome to FanLib! Like most websites, we have a Terms of Service. We'll call them "Terms" throughout this agreement. To ensure we're all on the same page about what people can and can't do, you need to agree to these Terms before registering and using certain features of FanLib.com. If you have any questions about anything in the Terms, send an email with your question to support@fanlib.com.

Now to the legal stuff.

Section 1. What's FanLib?

FanLib is an interactive computer service that allows members to showcase and share their fan fiction, discover great stories, get closer to the talent behind their favorite fandoms and participate in fun events. Our goal is to support and encourage the development and sharing of fan creativity.

Fan fiction is based on characters or settings created by someone else. You should not expect to gain any rights to others' characters or settings when you include them in content you post on FanLib.com. If someone with an interest in the characters or settings complains about their use, we may need to block or remove the particular work complained of, and we reserve the right to do so.

Section 2. Acceptance of Terms

By registering with this website, you accept the Terms so that you can access and use FanLib.com for the purpose of exchanging, uploading and sharing content related to fan fiction. FanLib will update the Terms from time to time. We will inform you of the changes by posting amended Terms on our Website. When this happens, FanLib will post a notice on the website homepage for at least 48 hours. Any posted changes will govern our relationship and supercede previous Terms. You should review the posted Terms regularly to see if any new changes have been made.

Section 3. Eligibility

In order to access certain website features, you must be at least 13 years of age, and you must become an authorized user ("Member") by completing the website registration process. You agree that (a) the information you provide is true, accurate, current and complete, and (b) you will maintain and promptly update the information to keep it true, accurate, current and complete. Should any of your information change after becoming a Member, you must update that information as soon as possible. Otherwise, your account could be suspended or terminated.

Section 4. Password

You will receive a password and account ("Account") upon completing the registration process. Please don't share it with other people. Because you are responsible for the activities associated with your Account, if any other person accesses the website via your Account, their actions could ultimately affect your Account. You agree to notify FanLib immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your Account.

Section 5. Privacy

Your use of the website is also subject to the terms and conditions set forth in the Privacy Policy. For more information, see our full Privacy Policy at http://www.fanlib.com/privacyPolicy.do. From time to time, we may change our Privacy Policy. Those changes will be effective upon the posting of those changes on the website. When this happens, FanLib will post a notice on the website homepage for at least 48 hours.

Section 6. Acceptable Use Policy

FanLib encourages and supports active and open publication of fan fiction in a lawful and civil manner. We do not monitor the FanLib Website for inappropriate content or conduct, but we may need to take action in the event that we learn of unlawful activity or violations of our Acceptable Use Policy.

You agree not to use the FanLib Website or Service to:

(1) engage in actions that give rise to claims of an invasion of another's privacy;
(2) break any local, state or federal law;
(3) harass or threaten people;
(4) request unlawful services or materials;
(5) harm minors, including the posting of child pornography, obscenity or similar material;
(6) impersonate any person or entity, misrepresent your affiliation with a person or entity, or engage in any fraudulent, deceptive or otherwise wrongful activities;
(7) engage in or further any activity that infringes upon the intellectual property or proprietary rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
(8) promote, run, disseminate or in any way facilitate viruses, worms, or Trojan horse software programs or code;
(9) act in any way that degrades or disables the website or related services;
(10) attempt to extract data from the website outside the authorization of the Terms;
(11) promote, disseminate, or advertise commercial goods or services;
(12) circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any portion of the FanLib.com website;
(13) export encryption or other regulated software over the Internet or otherwise, to points outside the United States in violation of U.S. law;
(14) transmit, distribute, or disseminate unsolicited or unauthorized advertising, "spam," or other form of commercial solicitation; or
(15) use the FanLib.com website or services for purposes other than as set forth in Section 2.

Section 7. Blocking or removing materials

While FanLib does not intend to monitor the FanLib.com website or to generally remove or block access to material, FanLib reserves the right to block or remove any or all content posted by you, without prior notice, and at its sole discretion. However, FanLib is not responsible for any failure or delay in removing or limiting access to such content.

Since fan fiction is usually based on existing characters and settings, the creators and/or owners of those characters and settings may take issue with your use of them and could ask FanLib to remove your work based on what they believe are their rights. We will take any such concerns seriously, we will investigate any such complaints, and, as noted above, we reserve the right to remove or block content as a result.

FanLib complies with the Digital Millennium Copyright Act ("DMCA") and has policies and procedures for handling complaints of alleged copyright infringement. Our notification and counter-notification procedures can be found at http://www.fanlib.com/cms.do?page=dmca.htm or can be obtained from FanLib's designated Copyright Agent at dmca@fanlib.com. Anyone who believes their copyrighted material is being infringed on the website may provide us with notice, according to our policies and procedures. Upon receiving notice, FanLib will follow the procedures of the DMCA. FanLib reserves the right to block or remove website content without prior notice upon receipt of a notice provided pursuant to the DMCA. In the event that FanLib blocks or removes content pursuant to a DMCA notice, you will be notified and be given an opportunity to provide counter notification whenever possible.

Section 8. Your Rights to Material you Post

At FanLib, we expect you to post the content you create ("Your Content") on the website. You keep any and all rights to Your Content. FanLib does not own any rights to Your Content. However, when you post Your Content, you are giving FanLib the right to use, reproduce, distribute and publicly display Your Content on the website or through its services (such as email notification and RSS feeds) free of charge.

FanLib also wants to be able to promote Your Content on FanLib.com. As a result, FanLib may create summaries or descriptions of Your Content to promote and/or showcase Your Content. You authorize FanLib to make, reproduce, distribute, and display these summaries or descriptions on FanLib.com or through its services but not for any other purpose unrelated to FanLib.com. If you mark any of Your Content private, we will not promote and/or showcase Your Content.

Another part of FanLib's service allows other people to use Your Content on the FanLib Website. By putting Your Content on the FanLib website and making it public, you are granting each FanLib website user all the rights necessary to make use of all the features of the FanLib website for viewing and sharing Your Content.

Section 9. FanLib's Intellectual Property Rights

The FanLib website also contains content created and owned by FanLib. That content is protected by copyright, trademark, patent, trade secret, and other U.S. and foreign laws. The content owned by FanLib includes the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("FanLib Content") and the trademarks, service marks and logos contained therein ("Marks").

FanLib gives you a limited, revocable, non-sublicensable license to view, reproduce and display FanLib Content from the website (excluding any software code) solely for your personal non-commercial use in connection with viewing the website and using FanLib's services.

You agree not to engage in the use, copying or distribution of any of the FanLib Content other than that which is expressly permitted herein.

Section 10. Things We Can't Control

We don't control the information provided by other members that is disclosed through their Accounts. Therefore, through use of the website, you could risk interacting with underage persons or people acting under false pretenses. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material residing on the website ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person with whom such Content originated. This means that you, and not FanLib, are entirely responsible for any Content that you post, email, upload, transmit or otherwise make available via your Account. FanLib does not control the Content posted by members on the Website and, as such, does not guarantee the accuracy, integrity, legality, or quality of such Content. You understand that by using our services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FanLib be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website.

FanLib may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FanLib has no control over such sites and resources, you acknowledge and agree that FanLib 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, videos, images, text, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FanLib 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.

Section 11. Representations by you

You represent and warrant that you are not a resident of any country or affiliated with any organization prohibited to do business within the United States as set forth in the following: http://www.treas.gov/ofac and http://www.bis.doc.gov/DPL/thedeniallist.asp.

Section 12. Obligatory Disclaimer

You expressly understand and agree that:

1) FANLIB MAKES NO WARRANTY THAT (A) USING THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

2) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANLIB OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

3) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.

Section 13. Obligatory Limitation of Liability

1) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE 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.

2) IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES, FANLIB'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

Section 14. Indemnification

You agree to indemnify and hold harmless FanLib, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from any violation of the Terms. This indemnification obligation will survive these Terms and your use of the website for 12 months.

Section 15. Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and be conducted in Los Angeles, California. 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, unless in our sole judgment, FanLib wishes to consolidate the legal controversy of two or more parties in any legal action. FanLib may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect its rights pending the completion of arbitration. Should you file an action contrary to this provision, FanLib may recover from you our reasonable attorney fees and costs. 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 this website or services or the Terms must be filed by you within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in these Terms, FanLib shall always have and retain the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.

Section 16. Termination

All FanLib.com members are expected to use the website responsibly and in accordance with the Acceptable Use Policy above. If FanLib becomes aware of violations or potential violations of the Terms, FanLib may take appropriate steps necessary to prevent or stop those violations, including termination of your Account. FanLib may make such decisions in its sole discretion, and those decisions will be final. Any party seeking to report a violation of these Terms may do so by sending an e-mail to support@fanlib.com.

Either you or FanLib may terminate our relationship and your ability to use the website at any time. You understand and agree that cancellation is your sole right and remedy with respect to any dispute with FanLib. This includes, but is not limited to, any dispute related to, or arising out of: (1) any of these Terms or FanLib's enforcement or application thereof; (2) any policy or practice of FanLib, including the Website Privacy Policy, or FanLib's enforcement or application of these policies; or (3) your ability to access and/or use the website. Members may cancel their Account by emailing a cancellation request to support@fanlib.com. Cancellation requests must originate from the email address on your Account as of the time of the request. FanLib shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Section 17. Everything Else

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern the Terms and your Account. Member conduct may be subject to other local, state, national, and international laws. These Terms, together with the Privacy Policy at http://www.fanlib.com/privacyPolicy.do and any other legal notices published by FanLib on the website, shall constitute the entire agreement between you and FanLib concerning the website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights contact information:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

Service Provider:

FanLib, Inc.
445 South Beverly Drive
First Floor
Beverly Hills, California 90212

Last Updated: October 11, 2007.