Terms & Conditions | Fandotbrand - for super fans of brands

General Terms & Conditions

FanDotBrand. General Terms and Conditions of Service

FANDOTBRAND IS A REGISTRATION OF INTEREST SITE TO BE USED FOR MARKET RESEARCH TO DETERMINE THE DEMAND FOR BRANDED TOP LEVEL PERSONALISED BRANDED DOMAIN NAMES. BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY FANDOTBRAND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL PREVIOUS VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an email from FDB confirming your registration of Interest, whichever happens first.

1. DEFINITIONS.

For the purposes of this Agreement :
1.1.
“FDB”, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to FanDotBrand., a corporation organized and existing under the laws of the State of South Australia, located at suite, 410/ 19 Holdfast Promenade, Glenelg 5045, Australia. and its assigns and successors in interest.
1.2.
“You”, “your” and grammatical variants thereof shall refer to the client, any other entity which has an ownership or other beneficial interest in the client, or any other entity in which the client has an ownership or other beneficial interest.
1.3.
“FDB’s Equipment” shall mean computer and telecommunications devices, Internet access and/or transmission rights owned, operated, and/or maintained by FDB and/or FDB’s affiliates, agents, or assigns which provide the FDB Services.
1.4.
“FDB Services” shall mean the products and services provided by FDB and/or FDB’s affiliates, agents, or assigns at any given time, including but not limited to branded domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time at FDB’s sole discretion.
1.5.
“Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.6.
“Customer Service” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.7.
“International Customers” shall mean customers residing in or accessing the FDB Services from outside of Australia.
1.8.
“Laws” shall mean the laws, statutes, and regulations then in effect in Australia and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the FDB Services and the laws of any provinces, states or dependencies thereof.
1.9.
“Parties” shall collectively refer to FDB and you.
1.10
“Portfolio” shall refer to your customer account.
1.11.
“Suspend” or “Suspension” shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on Your Services related to FDB.
1.12.
“Technical Support” shall refer to communications from us to you dealing with problems or questions relating to technical matters involving the website or any of its features, products or services.
1.13.
“Your Data” shall mean any data, related to your use of the FDB Services and stored on or transmitted by FDB Equipment.
1.14.
“Your Services” shall mean the specific FDB Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those FDB Services pursuant to the current Fee Schedule.

2. DESCRIPTION

Subject to and conditioned upon FDB’s retained rights and all other terms and conditions set forth in this Agreement, FDB offers FDB Services as soon as practicable after registration. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify FDB of any unauthorized uses of the account or any other breach of security. FDB cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will FDB be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. FDB Services are subject to the following conditions and restrictions:
2.1.
Certain functions of your Portfolio may be accessed directly by you through the Internet. Such access is password protected. You are responsible for selecting and continuously managing password and security settings to protect your account and your personalised branded domain name registration records (including your contact records and host records) from unauthorized access, changes and activity. You are entirely responsible for maintaining the confidentiality and secrecy of your password and account security settings. All consequences of your disclosure of password and account information as well as all activities that occur in your Portfolio are your responsibility alone.
2.2.1.
FDB, either directly or through its assignee(s) or licensee(s), shall provide Customer Service relating to Your profile consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your profile. FDB is not obligated to provide any Customer Service except as specified in this Section 2 of this Agreement. Any and all requests for additional Customer Service may be refused by FDB with or without reason. Any additional Customer Service which FDB may subsequently agree to provide to you shall be at FDB’s sole discretion and once commenced, may be terminated at any time by FDB without notice to you and without any liability to FDB. Notwithstanding the foregoing, FDB at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Website pursuant to this Agreement without any liability to FDB.
2.2.2.
FDB, either directly or through its assignee or licensee, shall provide Technical Support relating to Your profile on FDB. Any and all requests for Technical Support may be refused by FDB with or without reason, in its sole discretion. Any Technical Support which FDB may subsequently agree to provide to you shall be at FDB’s sole discretion and once commenced, may be terminated at any time by FDB without notice to you and without any liability to FDB.
2.2.3.
All use of the FDB website and Your profile and provision of services to you by FDB shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or FDB’s services by entering into multiple agreements.
2.2.5. Some FDB Services may not be available to International Customers, and FDB reserves the right to alter, amend, or discontinue the provision of some or all of the FDB Services to International Customers in a particular market at any time at FDB’s sole discretion.
2.2.6.
FDB may suspend performance under or terminate this Agreement, cease communication without notice, permanently remove Your profile from the FDBdatabase, and take any other actions it deems necessary, at its sole discretion, immediately and without notice, to comply with the relevant laws if it is informed or otherwise believes, at its sole discretion, that You and or Your profile violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against FDB relating to the content, use, and operation of Yourprofile. You further agree to indemnify and hold harmless FDB from and against any such claims.
2.2.7.
You are responsible for backing up Your Data on your own computer. FDB does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, FDB will have no obligation or liability to you.
2.3.
Registration of Interest
2.3.1.
If you register your interest throughFDB, FDB will register your interest on your behalf, regardless of its availability. Should it not be available when the brand related to your registration of interest FDB is not obligated to notify you of this in any way. Your registration of interest will be effective upon occurrence of all of the following:

You offer to FDB this Agreement, without modification, for FDB’s acceptance;
FDB accepts this Agreement and your registration of interest application;
FDB receives your registration of interest; and
FDB delivers the confirmation of your registration of interest information you provide to FDB for the applicable branded TLD
FDB only acts as an intermediary between you and the potential brand organization who own the branded top level personalised branded domain name and any of its authorized service providers, officers or staff providing the personalised branded domain name, which might be a third-party registrar and/or registry. FDB does not guarantee or otherwise take any responsibility for delivering any potential domain registration of interest information you provide immediately, promptly or in any specific timeframe to any registry administrator for any applicable branded TLD(s) or to a third-party registrar who delivers such information to the registry administrator for the applicable TLD should it ever become available. Especially FDB does not take responsibility that any personalised branded domain name that is listed as being potentially available at the time of registering Your interestwill now or ever become available at that time or any time in the future and therefore cannot be potentially registered for or by You. FDB has no influence over the assignment of personalised branded personalised branded domain names as FDB is only a registration of interest website for market research and not for registration of any personalised branded domain names. Any future registration of your personalised branded personalised branded domain name(s) is subject to the terms and conditions of those brands and their third-party registrars and registries. FDB assumes no liability in the event the personalised branded domain name is unavailable or otherwise not assigned to you now or in the future, and does not warrant or guarantee that assigned personalised branded personalised branded domain names do not infringe the rights of third parties, or that you will retain the rights to that personalised branded personalised branded domain name for any period of time now or ever in the future.

2.3.2.
By submitting an application for your interest in a registration of interest in a personalised branded domain name, FDB does not guarantee that the name will be secured for you now or in the future, or that you will have immediate access to the personalised branded domain name if now or ever secured. FDB may use third party service providers for the registration of interest services.
2.3.3.
FDB may suspend performance under or terminate this Agreement, cease transmission of data associated with your personalised branded domain name, permanently remove Your Data from FDB Equipment, and take any other actions it deems necessary, at its sole discretion, immediately and without notice, with any relevant laws.. You further agree to indemnify and hold harmless FDB from and against any such claims.
2.4. Software
2.4.1.
You recognize that FDB Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information, including copyright, are owned by FDB. You further acknowledge that you have been advised that FDB Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of FDB, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to FDB, and that its use and disclosure must be carefully and continuously controlled.
2.4.2.
FDB shall at all times retain title to all FDB Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
2.4.3.
Unless provided otherwise in the specifications for Your Services,FDB Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the FDB Software or allow access to the FDB Software from sites outside of your home or business premises except as specifically authorized in writing by FDB. FDB Software is to be used only for the purposes specified in this Agreement
2.4.4.
While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of FDB Software, whether such FDB Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use related to Your Website pursuant to this Agreement, nor; (ii) provide or make FDB Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operating manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of FDB. In order to protect FDB’s trade secrets and copyrights in the FDB Software, you agree to reproduce and incorporate FDB’s trade secrets or copyright notice in any copies, modifications or partial copies.
2.4.5.
You agree to notify FDB forthwith if you obtain information as to any unauthorized possession, use or disclosure of any FDB Software by any person or entity, and further agree to cooperate with FDB at FDB’s expense, in protecting FDB’s proprietary rights.
2.4.6.
From time to time FDB may provide its customers with the ability to download from its site certain third-party software (the “Third Party Software”). The license conditions governing the use of the Third Party Software may differ from FDB’s own software licenses. Customers of FDB are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. FDB does not provide Technical Support for the Third Party Software. THIRD PARTY SOFTWARE IS OFFERED “AS-IS.” THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY FDB DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN FDB MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
2.4.7.
In the event of termination of this Agreement, or upon any act which shall give rise to FDB’s right to terminate, any and all licenses granted under this Section 2.3 shall terminate automatically, and you will remove, erase or destroy anyFDB Software and documentation and all copies thereof, wherever located, without demand or notice.
2.4.8.
FDB may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third Party Software, at any time without notice or any further liability to you.
2.4.9.
Software for International Customers may be available for download only. Certain Software (including Third Party Software) may not be available to International Customers.

3. NO WARRANTIES BY FDB.

FDB SERVICES, FDB SOFTWARE AND ANY RELATIONSHIP WITH YOUR REGISTRATION OF INTEREST IN ANY PERSONALISED BRANDED DOMAIN NAMES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF FDB SERVICES IS AT YOUR SOLE RISK. FDB DOES NOT WARRANT THAT ANY SERVICES IN RELATION TO THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, NOR DOES FDB MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF FDB SERVICES. NO WARRANTY IS MADE BY FDB REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND FDB HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER. FDB DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE FDB SERVICES WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEBSITE OR ANY OTHER PERSON’S OR ENTITY’S WEBSITE OR WEB PAGE.

4. FDB’S LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL FDB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO FDB SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, FDB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, FDB DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING FDB SERVICES, AND FDB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE FDB FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

5. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

5.1.
You agree and warrant that your use of FDB Services and FDB’s Equipment, by any and all means, of any type(s) of content including, but not limited to, executable files (i.e. .EXE files), digitized audio/visual files (i.e. MP3 or .AAC files), or archived copies of copyrighted works (i.e. .ZIP files); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of FDB Services or FDB Equipment, shall at all times comply with all applicable Laws.
5.2
You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of FDB Services or FDB’s Equipment.
5.3.
You represent and warrant that you are over eighteen (18) years of age (or twenty-one (21) years of age in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
5.4.
You are responsible for backing up all Your Data on your own computer. FDB does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, FDB will have no obligation or liability to you.

6. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT

6.1
During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to FDB in connection with FDB’s performance of the FDB Services (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of FDB, disclose or make available to any person, or use for your own or any other person’s benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of FDB. FDB retains all rights and titles to such Confidential Information.
6.2
FanDotBrand and FDB are service marks of FanDotBrand. All rights reserved. The trademarks, logos, and service marks displayed on this Website (collectively, the “Marks”) belong to FDB and/or its affiliates or third parties which have licensed those rights to FDB (“Partners”); FDB and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on FDB’s Website are the property of their respective owners.
6.3
Unless expressly stated otherwise on the FDB Website, you should assume that all content, images, and materials appearing on this Website (collectively “FDB Content”) are the sole property of FDB. Both Australian and international copyright laws and treaties protect such FDB Content. You may not use, reproduce, display, or sell any FDB Content without FDB’s prior written consent. You may not link to any page within FDB’s Website or frame any portion of the site without FDB’s prior written consent.

7. YOUR INDEMNIFICATION OF FDB.

You agree that you shall fully defend and indemnify FDB, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 5 or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless FDB, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that FDB shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

8. NO JOINT VENTURE OR PARTNERSHIP

Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between FDB and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between FDB and you. FDB shall have no control or ownership interests of any kind in your business. FDB shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining to your use of FDB Services or FDB’s Equipment. FDB’s relationship to you shall be restricted to matters pertaining to the provision of FDB Services as set forth in this agreement.

9. FDB HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, MARKETS OR PROFITABILITY

9.1.1.
The potential profitability, marketability, or likelihood of success of your endeavors through the use of FDB Services or FDB’s Equipment as set forth herein or otherwise;
9.1.2.
The possibility or likelihood that use of any products and/or services provided by FDB pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or
9.1.3.
The existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of FDB Services or FDB’s Equipment pursuant to this Agreement.
9.2.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of FDB Services and/or FDB’s Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not FDB. You further expressly agree not to raise any claim of any kind against FDB and to hold harmless FDB from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use FDB Services and/or FDB’s Equipment pursuant to this Agreement.

10. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS.

Any and all services which are or may be provided to you by FDB pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict FDB from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors to you or your business endeavors. Nothing in this Agreement shall limit or restrict FDB from engaging in any activities similar to yours or in competition with you.

11. NO EDITORIAL CONTROL BY FDB.

In reliance on your express warranties regarding Your Data, FDB shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data. FDB does not engage in any monitoring of Your Data, and exercises no control over information that is found on the internet, except for its own Website. FDB cannot be held responsible for the accuracy, correctness, or legality of such information.

12. NO EDITORIAL CONTROL BY FDB.

12.1.
FDB may suspend performance under or terminate this Agreement and cease transmission of data associated with Your registration of interest in a personalised branded domain name immediately and without notice:
12.2.
If FDB, at its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 5,

13. PRIVACY.

13.1.
It is FDB’s policy to respect your privacy. FDB will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless FDB deems it necessary, at its sole discretion, to:
13.1.1.
comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;
13.1.2.
Protect and defend the rights or property of FDB or its officers, agents, affiliates, and licensees;
13.1.3.
Enforce this Agreement; or
13.1.4.
Protect the interests of other FDB customers.
13.2.
NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, FDB RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW),AT ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER’S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
13.3.
INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT FDB SERVICES ARE PROVIDED BY FANDOTBRAND, INC. IN AUSTRALIA. THE PERSONAL INFORMATION THAT YOU GIVE FDB WILL BE TRANSFERRED TO AND MAINTAINED IN AUSTRALIA AND ELSEWHERE. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR FDB SERVICES. INTERNATIONAL CUSTOMERS FURTHER UNDERSTAND AND AGREE THAT FDB MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR REGISTRATION OF INTEREST INPERSONALISED BRANDED DOMAIN NAME(S) PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.

14. SEVERABILITY.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

15. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.

Failure of FDB at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of FDB.

16. NOTICES.

16.1.
FDB may provide notice to you via email sent to the Email address provided by you upon Your registration of interest or as subsequently provided by you to FDB. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
16.2.
You may provide notice to FDB in one of the following ways:
16.2.1.
By personal delivery;
16.2.2.
By addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in Australian post, FanDotBrand. Suite 410/ 19 Holdfast Promenade Glenelg, 5045, South Australia.
16.2.3.
By facsimile transmission to +6183543785; or
16.2.4.
By email and registered or certified mail to the above postal address.
16.3.
Such notice, statement or other document so delivered to FDB, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by email to FDB shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to FDB shall be deemed effective as of the date on which FDB receives the certified or registered mail notice.

17. FORCE MAJEURE.

17.1.
In the event of “force majeure” (as defined below), FDB may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond FDB’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which FDB cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which FDB Services are located or maintained or through which the FDB Services are provided, and unavailability of any permits, licenses and/or authorizations required by governmental authority.
17.2.
FDB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, FDB Services (or any part thereof) with or without notice. You agree that FDB shall not be liable to you or to any third party for any modification, suspension or discontinuance of FDB Services.

18. NO ASSIGNMENT BY YOU; ASSIGNMENT BY FDB.

This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you withoutFDB’s prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. FDB may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.

19. ARBITRATION AND WAIVER OF JURY TRIAL.

19.1.
ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN ADELAIDE, SOUTH AUSTRALIA IN ACCORDANCE WITH SOUTH AUSTRALIAN LAW. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in Australia. Any action to confirm or vacate such an award must be brought in courts located in Adelaide, South Australia. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that FDB shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that FDB acts to enforce this arbitration and forum selection clause, regardless of whether FDB prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Commonwealth of South Australia and the federal law of Australia. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 19.2.
19.2.
Nothing in Section 19.1 shall preclude FDB from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement will not or cannot arbitrate a particular dispute. Any action under this section may be brought in courts located in Adelaide, South Australia, Australia, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of such courts.
19.3
In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND FDB THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
19.4
Neither you nor FDB may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND FDB ACKNOWLEDGE THAT THIS SECTION 19.4 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
19.5
This Agreement shall be interpreted according to the laws of the Commonwealth of South Australia, of Australia, and, where applicable, the federal law of Australia, without regard to conflicts of law principles.

20. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of FDB nor you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and FDB and you hereby acknowledge and agree that neither FDB nor you have executed this Agreement in reliance upon any such representation or promise.

21. MODIFICATION.

21.1.
This Agreement may be materially altered by FDB by posting the new version of the Agreement at www.fandotbrand.com.au and if posted in this manner, shall be effective immediately upon posting such notice. In the event that FDB does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
22.2.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of FDB. No additional or conflicting term in any other document used by you will have any legal effect.

22. STATUTE OF LIMITATIONS.

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 FDB Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Number of Registrations of Interest: