1. THIS MEMBERSHIP AGREEMENT
a) The terms and
conditions outlined in this Membership Agreement apply to the users of all the sites that come
under the website of Fantero Creative Network. This Membership Agreement is binding upon
on anybody agreeing to use this sites.
b) Please read this Membership Agreement carefully and if you don't want to abide by
these rules, then please immediately stop using the sites.
c) Users must read and accept this Membership Agreement which is
applicable to the use of this site.
2. TERMS OF MEMBERSHIP
The following terms and
conditions are applicable to those wishing to become members of these sites and
wanting to
- Purchase
products;
- Sell
and supply Products;
a) Only those over 18 years of
age are permitted to use this site and to be a member. Furthermore membership
is open only to those approved by the administrators of the site, and Fantero.com
reserves the right of refusal.
b) To become a member you need to give certain details for registration
as described on the site.
c) You can become a member free of charge, but cannot transfer the
membership to any third party.
d) The right to terminate the membership is with us only and your
membership can be terminated at any time if you do any of the following:
- If you break any of the terms and conditions of
this Membership
Agreement
- If you do not give details that can be
satisfactorily verified or authenticated
- If you engage in actions which may result in
legal liabilities for you, our users, or us
It should be noted that the
above list is not exhaustive, and certain other conditions governing the use of
the site are applicable.
3. DURATION
This Membership Agreement is applicable as
long as you are a member of any of the sites of Fantero.com, though this clause
does not limit the generality of any other clause of this agreement, and the
applicability is subjected to the terms and conditions as spelled out in clause
9.
4. THE IMPORTANCE OF YOUR
USERNAME AND PASSWORD
a) By becoming a
member you agree to be responsible for any access or use of the Membership and
Admin Areas of the sites through your username and password.
b) By becoming a member you agree that your username and password
will constitute the conclusive evidence of your access and use of the
Membership and Admin Areas of the sites.
c) You indemnify us, related corporate bodies, subsidiaries,
affiliates, officers, directors, agents, and employees (as applicable) against
any claim by a third party arising out of any breach of these terms and
conditions either by you or by any person using your username or password,
whether or not you have authorised that person to use them.
d) You can change your password at any time in the Membership and Admin Area.
e) If you forget your password you can be sent a new one. Just provide your
username and we will send you a new password. And if you forget your username
as well as your password, then provide your email and we will send you out the
username and password associated with that email address.
5. SITE ROLE
The main point you must be
aware of is that the sites themselves are independent of the authors of the
files. We act as a platform where our members can offer, sell, and buy products
available on the site. Apart from this we are not in any way connected with any
transaction between the buyer and seller using our site. So, if you have any
query regarding the modification of a file, you will need to address this
directly to the author, and you will find a special form that will enable you
to do this on the site.
We offer no guarantee regarding the quality, safety, legality, truth or
accuracy of the products, product descriptions or content uploaded by users of
the site.
We offer no guarantee in relation to the completion of the transaction by the
buyers or sellers, and no guarantee in relation to the legality of their
transactions.
6. WE ARE NOT AN AGENCY
This agreement does not create
any agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you as a user and us as independent
contractor.
7. WE ACT AS A CASHIER
We provide you with services
only in the capacity of an independent contractor (cashier) and we act on your
behalf to charge the specific credit card, or to assign PayPal to charge a
PayPal account for the instructed amount, or to do similar for any of the other
numerous payment systems we use.
In no way can we be construed as a licensed financial service provider or
banking service provider. You also agree and acknowledge that we are not acting
as a fiduciary or an escrow with respect to your funds and that you will not
receive any interest or any other earnings from us on any funds we receive on
your behalf.
8. YOU AGREE TO RELEASE US
FROM LIABILITY
If you have any problems with
any other members, you can contact us. However, in the case of you entering
into any dispute or breach of agreement with one or more members of the sites
you agree to not to make Fantero.com (nor our officers, directors, agents,
affiliates, subsidiaries or employees), a party to such disputes, and you agree
to release us from all claims, demands and damages of every kind and nature,
known or unknown, suspected or unsuspected, disclosed or undisclosed, arising
out of or in any way connected with such disputes or breaches.
You also agree to indemnify us against any such claims or damages including
solicitors' fees, made by any third party due to or arising out of your breach
of this Privacy Policy or the terms it incorporates by reference, or your
violation of any laws or the rights of third parties.
9. AMENDMENTS TO TERMS AND
CONDITIONS
Only Fantero.com has the right
to amend this Membership
Agreement, and in the case of such amendments, these will be effective
immediately after the notification on the site of such amendments. If you
continue to use this site after such notification you will be considered as
agreeing to the amended agreement.
10. OBLIGATIONS OF THE MEMBERS
10 A - AS A PURCHASER THE
PREPAID PURCHASE SYSTEM
If you decide to use the
prepay facility, you warrant and guarantee that the credit card, cheque, PayPal
or the details of any other payment method, available on the site, provided by
you, are correct and you have the authority to enter into a transaction based
upon those details.
You also agree and authorize us to obtain the funds you have instructed us to
collect on your behalf and transfer those funds to the designated recipient or
to a pooled account controlled by us.
OUR RIGHT TO CANCEL THE
TRANSACTION
In the case of products and
services being listed at an incorrect price or with incorrect information due
to a typographical error or similar oversight despite all reasonable
precautions, we reserve the right to cancel the transaction.
In the case of your credit card being charged for such a purchase, we will
immediately issue a credit to your credit card account for the amount in
question.
PURCHASES
MADE ON THE SITE
- You agree not to make any cancellation once you
have submitted an order.
- We are not responsible for the availability of
the products advertised or made available on this site.
- The products you order will be delivered to you
in the manner described on this site.
- There will not be any transfer of title of the
product until payment has been received.
- The products on the site are offered for sale
only to persons who can make legally binding contracts.
LICENCE TO USE THE PRODUCTS
YOU PURCHASE ON THIS SITE
After purchasing the product
you enjoy a limited license to use the
product. The license is limited to your use only, and you agree not to engage,
directly or indirectly, without the written consent of us or the supplying
member, in any licensing, sublicensing, promotion, advertising or distribution
of the product.
REFUND POLICY
On your direction we will refund any outstanding cash to your PayPal or other
account.
10 B - AS A SUPPLIER
LICENCE
- For the purposes of this Privacy Policy, you
agree to grant us, a purchaser and/or consumer a non-exclusive, worldwide,
perpetual, irrevocable, royalty free right to make use of the copyright,
publicity, and database rights you have in the product and the product
description.
- You allow us to use your product(s) from time to
time in the promotion of the site, our affiliated businesses or other
websites.
- You warrant that the product does not infringe
the Intellectual Property Rights of any person. In the case of any third
party alleging that the product infringes any such Intellectual Property
Rights, you agree to fully indemnify us against any loss, costs, expenses,
demands or liability, whether direct or indirect, arising out of a claim
by such a third party.
REMUNERATION
- We will forward to you at least 50% of the sales
proceeds after completion of the purchase process unless stated otherwise.
The rest of the sales proceeds is our service fee and will be collected by
Fantero.com
- In the case of us or the customer being prevented
or restrained from using the product for any reason, you agree that you
will not be entitled to any remuneration.
- If not otherwise mentioned in this agreement,
your the remuneration will be the total amount payable to you.
APPROVED PRODUCTS
We have the right to approve
or disapprove any product, and only approved products are featured on the site.
We are not liable to extend any explanation as to the reasons for disapproving
your product.
In the event of us rejecting your offer, neither of us will be under any
further liability to the other arising out of your original offer or our
non-acceptance of that offer.
CONTENT REVISION AND REMOVAL
OF PRODUCTS
- All the featured products have been approved by
us, but we do not warrant that products have been reviewed and we are not
responsible for their use, content, quality or consequences.
- We reserve the right to remove and/or delete
products on our site without notice and we will not be responsible for any
loss because of such removal.
YOUR PRODUCT AND ADVERTISING
ON THE SITE
You must be legally able to
supply and sell the product you upload for sale on the site and you are
exclusively responsible for your product and any product description.
You must also make sure that your product and product description meet the
following requirements:
- that it is not false, inaccurate or misleading;
- that it is not a fraudulent, stolen or unlawful
item;
- is not in infringement of any third party's
copyright, patent, trade mark, trade secret, or other proprietary rights,
or rights of publicity or privacy;
- that it does not violate any applicable law,
statute, ordinance or regulation, (including but not limited to, those
governing export control, consumer protection, unfair competition,
criminal law, anti-discrimination, trade practices or fair trading laws);
- that it not be defamatory, trade libellous,
unlawfully threatening, or unlawfully harassing;
- that it not be obscene or contain child
pornography, or, if otherwise adult in nature or harmful to a person under
the age of 18 years, shall be distributed only to people legally permitted
to receive such content.
- that it shall not contain viruses or other
computer codes, files or programs which are designed to limit or destroy
the functionality of other computer software or hardware;
- that it shall not create liability for us or
cause us to lose (in whole or in part), the services of our ISP or
other supplies;
- that it shall not list any item on our site (or
complete any transaction that was initiated using our service) that could
cause us to violate any applicable law, statute, ordinance or regulation.
REMOVAL OF FILES FROM SITE
You have the facility to
remove individual files yourself, but if there is a large number that you want
to remove and you need us to do it for you, please let us know and we will aim
to remove them within five working days.
TERMINATION OF SUPPLIER
MEMBERSHIP
You may terminate this Agreement at any time. Upon termination of your access to your portions of
the Site, you agree to forfeit all download funds remaining in member’s
account.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Fantero.com, its affiliates
and respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys’ fees, arising out of the use of Fantero.com
by Member or Member’s Account.
12. ACKNOWLEDGEMENT
You acknowledge that you
understand this Privacy Policy and agree to be bound by its terms and conditions.
13.COPYRIGHT NOTICE
Fantero.com, its
logos and slogans are trademarks of Fantero Creative Network. All rights
reserved. All other trademarks appearing on Fantero.com are the property of
their respective owners.