Cheerfan.com Terms and Conditions

Welcome to the Cheerfan.com Site (“Cheerfan.com”), we are glad You chose to visit us. This Agreement is the Terms and Conditions (sometimes referred to as “Agreement”) for Your use of Cheerfan.com. Cheerfan.com offers You this products and services on this Site subject to, and conditioned upon Your acceptance of, these Terms and Conditions.

Your use of the Site constitutes Your legally binding acceptance of and agreement to this Agreement. Under this Agreement, Cheerfan.com grants You a license to view and use the interactive features of this Site. If You do not agree to these Terms and Conditions, You are not an authorized user and should discontinue any use of the Site. Cheerfan.com reserves the right to change or modify these Terms and Conditions at any time without notice to You. Please read this Agreement carefully, as You are bound to the provisions herein. Please make sure to visit this page on a regular basis to check for updates and modifications to these provisions.

For purposes of this Agreement, the term “You” shall mean You, the person who is visiting Cheerfan.com via an internet connection. The term “Site” shall mean the site www.Cheerfan.com as well as any and all related and affiliated sites owned and operated by LSM Corp.

SITE CONTENT

LSM Corp is the owner of Cheerfan.com and all of its affiliated Sites (LSM Corp and Cheerfan.com shall be jointly referred to herein as “Cheerfan.com”)). The content located on the Site is submitted by “Content Submitters” who are other Site users just like You and is offered to You by Cheerfan.com for limited use pursuant to these Terms and Conditions. "Site Content" means any and all visual and/or audio elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, video clips or segments, audio clips or segments or audiovisual works, designs or logos, information, and other content made available through the Site. Cheerfan.com is responsible for the "Site Code" which means any and all programming and other underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code are collectively referred to as the "Content."

The Content is owned by Cheerfan.com, its licensors, content vendors and Content Submitters and is protected by United States as well as all international copyright and trademark laws and all rights of the copyright owner are reserved by and for the copyright owner. All Content is provided for you personal use and enjoyment only and You may not copy, distribute, publish, perform, modify, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in any part. Any and all rights not expressly granted to You herein are reserved by Cheerfan.com. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any unauthorized use of the Cheerfan.com Content, site materials, trademarks, service marks or other marks is strictly prohibited.

YOUR USE OF THE SITE

Upon Your acceptance of these Conditions of Use, Cheerfan.com grants to You a non-exclusive, non-transferable, limited right and license to access and use this Site and the Content therein. This License grants to You the limited right to view and privately display the Content by way of a computer connected to the Site via internet connection, and in strict conformity with these Conditions of Use. While You may save pages on a temporary basis in Your computer’s cache memory, no other copy or use of any portion of the Site is permissible. Any other copying, storing or reproducing of this site would constitute an act of copyright infringement and is not permitted. Other examples of activities that are not allowed include, but are not limited to the following: You may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, or create derivative works based upon any portion of the Site or the Content, link, or forward any web address to this Site, copy, counterfeit or paste the Content to any other website or web page. You may not publicly display any portion of the Site, or any movies that you download, or any other audiovisual or digital works available at the Site. Any other use or exploitation of the Site, including the Content, is strictly prohibited.

YOU UNDERSTAND AND AGREE AND ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY VIEWING, SAVING OR DOWNLOADING THE CONENT FROM THE SITE. You agree that links to the Site are only permitted upon express permission from and arrangement with Cheerfan.com. You acknowledge and agree that modification of the Site or use of the Site for any other purpose is a violation of the copyright and other rights of Cheerfan.com and other Licensors of the Content. You agree to use the Site only for purposes, which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If You violate any provision of this Agreement, Your permission to use the Site will automatically terminate and You must immediately destroy any copy You may have of any of the Content. Any other use or exploitation of this Site, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

Cheerfan.com grants to You this limited purpose license for personal use of the Content and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Content, or any portion thereof, for any commercial purpose or use whatsoever.

Cheerfan.com may issue You a username and password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username and password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Cheerfan.com shall not be responsible whatsoever in the event that Your password is misappropriated by a third party.

By posting any reviews, comments, suggestions, concepts or other material, or Emailing same to Cheerfan.com, You automatically grant to Cheerfan.com, and the customers thereof, a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the world, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to You, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) You have the full and unrestricted right to grant such rights to Your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Cheerfan.com's exercise of its rights granted by You hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You agree to indemnify and hold Cheerfan.com harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by You or any third party against Cheerfan.com, arising out of or relating to Cheerfan.com's exercise of such rights to Your posted material, Your publication or transmittal of any materials, or Your failure to comply or Your alleged failure to comply with these Conditions of Use.

Any and all rights not expressly granted by Cheerfan.com herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site or Content, in whole or in part, without the prior written consent of a party authorized to bind Cheerfan.com, except as expressly permitted in these Terms and Conditions.

CONTENT SUBMISSION

You are invited to submit (and thus become a “Content Submitter”) relevant content to Cheerfan.com with said content being subject to review and removal if it violates these Terms and Conditions. You understand that whether or not such any of your submitted content is every published, Cheerfan.com does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for Your own submissions and the consequences of posting or publishing them. As a Content Submitter You promise, affirm, represent, and/or warrant that: You own or have the necessary licenses, and rights to use the content that is being submitted.

You understand that by submitting content to Cheerfan.com, You hereby grant to Cheerfan.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted content on the Cheerfan.com Site as well as Cheerfan.com’s related Sites including its successors' and affiliates' businesses, including without limitation for promoting and redistributing part or all of the Cheerfan.com Site and including any derivative works thereof in any media formats and through any media channels. You also hereby grant each customer of Cheerfan.com a non-exclusive license to access Your submitted content through the Site, and to use, reproduce, distribute, display and perform such the submitted content as permitted through the Site and under these Terms and Conditions. The above licenses granted by You in User Comments are perpetual and irrevocable.

You agree that You will not submit images or video that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Cheerfan.com all of the license rights conveyed herein. We ask that any content You submit be relevant to the Cheerfan.com Site and that you abide by the following rules:

PRICING AND REFUNDS

Cheerfan.com reserves the right to change the existing fee schedule for the Content listed on the Site at any time and without notice. Due to the nature of the products and services provided by Cheerfan.com, all fees are non-refundable. You agree that You will not chargeback any amounts previously charged to Your credit card as fees for services rendered by Cheerfan.com. If You chargeback a credit card charge, You agree that Cheerfan.com may collect the amount of the chargeback, as well as any chargeback fees that may be incurred and that this may be collected by any means available. Furthermore, if You initiate a chargeback of a previous credit card charge Cheerfan.com may, in its sole discretion, deny future purchases at the Site and terminate Your account.

We do offer extensive customer support so that in the event You need anything; please contact us by sending an e-mail to support@Cheerfan.com. We will work with You to try to solve Your problem so that You may enjoy Your purchase. Please note that all purchases on Cheerfan.com are final.

ADULT CONTENT

Some of the Content of this site is inappropriate for children and as such, the Site is not intended for use by persons under the age of eighteen (18) years of age (hereafter referred to as "Minors"). By accessing the Site, You certify that You (i) are at least 18 years of age (21 years of age in any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing adult content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in Your community regarding adult materials; (v) understand and accept that You may be exposed to visual images and video clips of an adult nature.

PRIVACY POLICY

We have established a Privacy Policy to express our commitment to protecting Your privacy. The Privacy Policy is located here and is incorporated herein by reference: http://www.Cheerfan.com/privacy.php Please note that the Privacy Policy may be modified from time to time so please check back on a regular basis to review any modifications or changes to our policy.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Cheerfan.com offers the services in its Site for entertainment and information purposes only. Cheerfan.com does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Cheerfan.com is not responsible for errors in or omissions from the information contained or accessed through the Site.

NEITHER CHEERFAN.COM NOR ANY PROVIDER OF CONTENT FOR THE SITE (INLCUDING CONTENT SUBMITTERS) OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES CHEERFAN.COM, ANY PROVIDER OF CONTENT TO THE SITE INCLUDING CONTENT SUBMITTERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEERFAN.COM AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE MOVIES AND CONTENT CONTAINED THEREIN AS WELL AS THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.

NEITHER CHEERFAN.COM NOR ANY THIRD PARTY CONTENT PROVIDER INCLUDING CONTENT SUBMITTERS AND THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In addition to any other rights of the parties set forth herein, either You or Cheerfan.com may cancel or terminate this Agreement at any time and upon said termination, You will cease and stop using this Site and destroy any copies of the Content that You may have. Cheerfan.com also reserves the right to restrict, suspend or terminate Your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If Cheerfan.com terminates this Agreement based on a breach by You of any portion of this Agreement, Cheerfan.com reserves the right to refuse to sell You any memberships or other services in the future.

You hereby agree to indemnify, defend and hold harmless Cheerfan.com and its affiliates, employees, officers, contractors and related companies from and against any and all liability and costs incurred by Cheerfan.com or its affiliates in connection with any claim arising out of any breach or alleged breach of any of Your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Cheerfan.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Cheerfan.com.

GENERAL TERMS

You are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Site. For purposes of identification and billing, You agree to provide Cheerfan.com with accurate, complete, and updated information required for the registration form including Your legal name, address, and applicable payment data (e.g., credit card number and expiration date). Failure to comply with this provision (including without limitation providing false information in the registration form) may, at Cheerfan.com's option, result in immediate suspension or termination of Your right to use the Site.

You agree to promptly update Your personal information in the event of any known or suspected unauthorized use of Your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or credit card information. In the event of a breach of security, You will remain liable for any unauthorized use of Your subscription until You update Your personal information. If Your credit card expires, is canceled, is lost or is subject to use without Your authorization, or if Your account is subject to use without Your authorization, please update Your Registration data with the new, correct or updated information.

Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, unless otherwise specified in these Conditions of Use as follows: (i) Electronic mail (e-mail) must be sent to support@Cheerfan.com (ii) Mail and courier deliveries must be sent to:
Cheerfan.com
2001 Kettner Blvd
Suite 201
San Diego, CA 92101

If any provision of this Agreement is held invalid, unenforceable or void, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect.

These Terms and Conditions constitute an express written agreement between You and Cheerfan.com. A printed version of this Agreement, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

Cheerfan.com makes no representation or warranty that the Content on the Site is legal, appropriate or available for use in other locations. Your choice to access this Site is at Your own risk and You are responsible for compliance with any and all local laws.

Cheerfan.com shall not have any liability to You hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING.

The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

You hereby waive any and all defenses You may have based on the electronic form of these Conditions of Use and the lack of signing by the parties hereto to execute these Conditions of Use.

Cheerfan.com has the right to modify this Agreement and any policies affecting the Site without any prior notice. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Cheerfan.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Content, is to not make any new purchases on the Site or stop visiting the Site.

Cheerfan.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Content on the Site. Cheerfan.com may also impose limits on certain features and services or restrict your access to parts or all of the Cheerfan.com Site without notice or liability.