Terms & Conditions
Terms & Conditions
The Fandom Gives Back Terms and Conditions aka Srs Bsns
Disclaimer
The Fandom Gives Back is a non-profit partnership and is not affiliated with Summit Entertainment, Stephenie Meyer, “Twilight Saga” films, any media outlet or source or any member of the cast or crew of any of the aforementioned groups. This website is provided as a conduit to facilitate charitable donations to Alex’s Lemonade Stand, a 501(c)(3) corporation organized under the law of the State of Pennsylvania.
User’s Own Risk
The use of this website is at your own risk. To the fullest extent permitted by law, this website and any materials provided by The Fandom Gives Back, are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by Law, The Fandom Gives Back disclaims all warranties, representations and conditions, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular use, in connection with this website, its contents, the products or services available through this website, or any person or entity associated with this website or the use of this website, or any website or contents to which it is linked.
The Fandom Gives Back does not warrant that this website or the servers that make this website and its contents available will work with any particular hardware or software or software configurations or software systems or are free of viruses or other harmful components.
Relationship To Users
The Fandom Gives Back is not responsible for the content of any links provided on this website. The Fandom Gives Back is not responsible for the fulfillment of any contract for good or services established through this website between any person or entity providing a good or service to be auctioned (hereafter “donors”) or any person or entity purchasing a good or service being auctioned (hereafter “purchasers”). The Fandom Gives Back is not responsible for resolving disputes between donors or purchases and any such disputes that arise must be resolved privately between the donor and the purchaser in any manner provided by law.
Indemnification
The Fandom Gives Back is not responsible for any communications or material, including the content thereof, exchanged between donors and purchasers, including any claim for copyright infringement, warranties, express or implied, defamation or other claims.
By your use of this website, you hereby agree to indemnify and hold harmless each member or volunteer of The Fandom Gives Back from and against any loss, liability, claim or demand which may be brought against The Fandom Gives Back in connection with any claim arising out of or resulting from (A) any alleged breach by you of this user agreement; (B) your use of this website and/or submission of any information or content to this website; (C) any purchase or donation made by you using this website or any links on this website; (D) any violation by you of any law infringing upon the rights of any member or volunteer of The Fandom Gives Back or any third party.
You also agree to cooperate fully in assisting The Fandom Gives Back in the defense of any such claim but The Fandom Gives Back reserves the right to assume the exclusive defense and control of any such claim regardless of whether or not you have indemnified them.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. The Fandom Gives Back makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, The Fandom Gives Back does not warrant:
l that this website will be constantly available, or available at all; or
l that information on this website is complete, true, accurate or non-misleading;
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
The Fandom Gives Back will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l to the extent that the website is provided free-of-charge, for any direct loss;
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
l for any damage of any type, including, but not limited to, compensatory, direct, incidental, special, consequential, liquidated or punitive.
These limitations of liability apply even if The Fandom Gives Back has been expressly advised of the potential loss.
To the extent that local law forbids the limitations or exclusions of liability set forth in this disclaimer, the total liability of The Fandom Gives Back for any and all damages or losses, including direct or compensatory damages, costs and expenses (including legal fees), whether in contract, tort (including negligence), related to the use of this website shall be limited to the lesser of (A) the amount, if any, paid by you in connections with your access, use and/or donations made on this website; or (B) $50.
If such claim is made and satisfied but The Fandom Gives Back, the user agrees to assign all rights to such claims against any third party, donor or purchaser, to The Fandom Gives Back such that they may seek contribution for the amount of such claim and any additional costs or fees incurred in collecting such amount.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of The Fandom Gives Back with respect to any:
l death or personal injury caused by the negligence of The Fandom Gives Back;
l fraud or fraudulent misrepresentation on the part of The Fandom Gives Back; or
l any matter for which it would be illegal or unlawful for The Fandom Gives Back to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability partnership, The Fandom Gives Back has an interest in limiting the personal liability of its members. You agree that you will not bring any claim against the members or volunteers of The Fandom Gives Back with respect to of any losses you may suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer protects the members and volunteers of The Fandom Gives Back, their agents, subsidiaries, successors, assigns and sub-contractors as well as The Fandom Gives Back itself.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Reservation of Rights
The Fandom Gives Back reserves the right to modify and/or discontinue this website at any time without notice. To the extent you communicate to a member or volunteer of The Fandom Gives Back though any source or media, the statements, promises or actions taken by or through such sources shall not limit or otherwise modify the terms of this disclaimer and/or this user agreement and this disclaimer shall apply to any information provided to your through any source or media.
Jurisdictional Issues
By using this website, you agree that are you responsible for compliance with local laws and/or the laws of your jurisdiction. The Fandom Gives Back reserves the right to choose the jurisdiction under which any disputes as to the terms of this agreement are made. Such disputes will be resolved according to the laws of any state where a member of The Fandom Gives Back partnership resides, including Pennsylvania and Utah without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the state and federal courts of either the Commonwealth of Pennsylvania or the State of Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this User Agreement.
