San Diego State Terms and Conditions

Terms of Use FanCutouts.com:

These Terms of Use Agreement comprise a binding legal agreement between you and Perk Social LLC, a Washington limited liability company, doing business as FanCutouts.com (“FanCutouts.com”).  Please review this agreement carefully. 

  1. Overview

By visiting the FanCutouts.com website and/or making a purchase through the website or services you are accepting to be bound by these Terms of Use and you acknowledge that you have read, understood, and agree to these Terms of Use, including any additional guidelines and future modifications (collectively, the "Terms"). It is effective between you and us as of the date of you accepting this agreement.  

These Terms were last updated on August 12, 2020. These Terms cover visiting our website, any purchase you make from FanCutouts.com, and any actions you take or communications you make to us through our website, mobile application, or through email (the “Services”).  By continuing to use the Services you agree to the Terms and any updates to the Terms.  If you do not agree to the Terms or any updates to the Terms, you may not use the Services, may not make a purchase from FanCutouts.com, and must terminate your engagement with FanCutouts.com.

FanCutouts.com allows you to upload a picture of yourself to be printed on a large corrugated cutout that will be placed in the stands at the school, stadium, or team that is a partner of FanCutouts.com and that is selected by you (the “Organization”). Depending on the rules of the Organization you may also include a message or specific graphics approved by the Organization. As further explained in Section 3 herein, you may only upload materials in which you have the rights to upload and license to us for print and use.

Materials uploaded may not contain anything offensive or obscene, contain intellectual property of a third party, or contain any other content prohibited by FanCutouts.com or the Organization for any reason including but not limited to if the sizing of the image is not correct. If FanCutouts.com determines that material you upload contain any such disallowed materials, FanCutouts.com may edit your materials or choose not to produce the materials. Such decision is made in FanCutouts.com sole discretion and FanCutouts.com will not provide any refunds related to such a decision.

Pursuant to the terms of Section 4 herein, you are granting certain rights to use the content you provide. The purpose of the fan cutout product is to have the fan cutout placed in a seat at a stadium or arena. By purchasing you agree that your image may be placed in the stadium or arena controlled by the Organization and agree that the cutout of your image may be photographed, published in print and online materials, shown on television, or disseminated in any number of ways, just as if you were to attend a game in person. Neither FanCutouts.com nor the Organization can control further dissemination of the image once it is printed and placed in a stadium or arena. If you do not wish to allow your image to be shown in this manner, do not purchase a fan cutout. 

While we hope that your cutout will be on display at the stadium or arena controlled by the Organization, we cannot guarantee your cutout will be displayed for any amount of time, that it will not be damaged, that the Organization’s season will occur for any number of games or even occur at all. All sales are final and we cannot offer any refunds once you have made an order. FanCutout.com’s disclaimer of warranties are further expressed in Sections 20 and 21 herein.

  1. Content and License to Use Services.

In these Terms, the content on the Services, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Service or used to create and operate the Services is the property of FanCutouts.com or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FanCutouts.com.

FanCutouts.com grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you on the Services for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to these Terms and specifically conditioned upon your compliance with these Terms. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.

  1. Your Content

The information collected when you provide information of any kind to FanCutouts.com is known as the “User Content.” By providing any User Content to FanCutouts.com, whether directly through your use of the Services, you grant FanCutouts.com and FanCutouts.com’s affiliates and service providers, Organizations you select, and each of their and FanCutouts.com’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Services and for other purposes expressed herein. FanCutouts.com does not claim any ownership in any User Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store through the Services. You understand and acknowledge that you are responsible for any User Content submitted by you and have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. FanCutouts.com is not responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you.

FanCutouts.com and the Organization disclaims any and all liability in connection with or arising from User Content uploaded, stored, transmitted or otherwise distributed by you. By uploading, storing, transmitting or otherwise distributing User Content, you affirm, represent, and warrant that the User Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. FanCutouts.com and the Organization reserves all rights and remedies against any Users who violate these Terms.

In the event FanCutouts.com receives any information or notice that any User Content uploaded, stored, transmitted or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, FanCutouts.com reserves the right to immediately remove the User Content without notice to you and without any obligation to investigate an allegation of infringement. FanCutouts.com further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any User Content uploaded, stored, transmitted or otherwise distributed by you, without prior notice to you. 

  1. Your Limited License of User Content to Us.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide content and to operate the Services now and in the future. We also need the right to use your User Content in order to aggregate certain raw data contained or derived from that content, in a manner consistent with our Privacy Policy, to provide our users additional services and information.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant FanCutouts.com and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Services, in the manner in and for the purposes for which the Services from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other users on the Services or for the Organization, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Services.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. We reserve the right to sell or otherwise transfer aggregate data generated from the Services to third parties. We have the right to “modify, adapt, translate, and create derivative works from such User Content because the normal operation of the Services does this to your User Content when it processes it for use on the Services and any such modified, adapted, or translated derivative work is the property of FanCutouts.com’s property. 

  1. Prohibited Activities; Enforcement of Policies

By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Services to (a) upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by FanCutouts.com; (b) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) use the Services for any fraudulent or inappropriate purpose, (d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;  or (e) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.

FanCutouts.com reserves the right to scan all User Content to ensure compliance with these Terms. In the event FanCutouts.com determines, in its sole discretion, that your use of the Services is in violation of these Terms, FanCutouts.com shall have the right without recourse by the user to immediately terminate your account. 

  1. Linking to the Services.

You may provide links to the Services, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Services, (b) your service does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Services immediately upon request by us.

  1. Registration.

To use certain portions of the Services requires you to register. When registering you agree to provide us with accurate, complete registration information. You must be at least 13 years old to use the Services. Your registration must be done using your real name and accurate information. You are responsible for preventing any unauthorized use, and you agree to accept all risks of unauthorized access to your registration data. FanCutouts.com shall not be liable for any consequences that may result from incorrect, incomplete, false, stole, or lost information.

You agree to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If you believe that you user ID or password has been compromised, you agree to contact FanCutouts.com immediately via e-mail or telephone.

  1. Inactive Accounts; Cancellation; Termination.

You and/or FanCutouts.com may terminate your use of the Services at any time. Specifically, we reserve the right to terminate your user account and your use of the Services without prior notice if we believe in our discretion that you have violated or acted inconsistently with these Terms. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so.

  1. Advertisers.

The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 

  1. Errors, Corrections and Changes.

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Services. 

  1. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the content and materials provided therein.

  1. Electronic Communications.

When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Service Interruptions

FanCutouts.com is not responsible for interruptions of the Services beyond its control. This includes interruptions by its suppliers and natural disasters. 

  1. Third Party Services

FanCutouts.com uses third-party vendors to deliver some of its Services. By using the Services, you agree to FanCutouts.com using such third-party vendors and sharing your User Content and information with these vendors. FanCutouts.com is not liable for any damages or liabilities caused by the use of any third-party vendor.

  1. Data Confidentiality and Security

FanCutouts.com has taken commercially reasonable measures to ensure the safety of User Content when it is being stored and transmitted. 

 

  1. Privacy

Your privacy is important to FanCutouts.com. The FanCutouts.com Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to FanCutouts.com's collection, use, and disclosure of your personal information.

 

  1. Modification of These Terms

When using the Services, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. FanCutouts.com may, at its sole discretion, modify or revise these Terms and policies at any time; by using the Services you agree to be bound by such modifications or revisions.  If you do not accept and abide by these Terms, you may not use the Services.

 

When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on our website which will be displayed for a period of seven (7) days from the date the Terms were modified.

 

  1. Indemnifications and Hold Harmless

You agree to defend, indemnify and hold harmless FanCutouts.com, its affiliated companies, officers, directors, employees and agents and the Organization from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that FanCutouts.com may sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Content submitted by you, (d) any claim that any User Content submitted by you caused damage to a third party, or (e) any other violation of these Terms. Your obligation to defend, indemnify and hold harmless FanCutouts.com shall survive these the termination of any license between you and FanCutouts.com, including these Terms.

 

  1. Disclaimer of Warranties; Limitations of Liability

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FANCUTOUTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FANCUTOUTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES  AND PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND FANCUTOUTS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

 

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES.

 

  1. Limitation of Damages 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FANCUTOUTS.COM OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICES, THE USE OF OR INABILITY TO USE THE SERVICES AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FanCutouts.com OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

 

  1. U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.

 

  1. Miscellaneous Terms

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Clark County, Washington. FanCutouts.com may transfer and assign these Terms and ownership of the Services without restriction. You may not transfer or assign any of these Terms or any Services. You affirm and warrant that you are legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms shall not be affected. No waiver of any term of these Terms shall be deemed to constitute a continuing waiver of such term. By accepting these Terms, you agree to allow FanCutouts.com to send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials.  You may unsubscribe from these communications at any time.  

System Requirements:

The Services requires that cookies and JavaScript are enabled to work properly.

 

The Service is offered by FanCutouts.com, located at:

Perk Social - 2175 NW Raleigh St Suite 110, Portland, OR 97210 

Date last updated:

August 12, 2020