Terms of Use

by William Schwartz on January 17, 2012

    The Terms of Use covers Attack of the Fanboy.com and any associated content, including, but not limited to, email and RSS feeds. Please read this statement carefully before proceeding to access any of the Site or media content. Your use of Attack of the Fanboy indicates your agreement to abide by the Terms of Use in effect.

    1. Use of Content – Attack of the Fanboy is pleased to make its original content available under a Creative Commons Attribution Non-Commercial License, for non-commercial reproduction with credit to the source site. This license permits anyone to do the following with original Attack of the Fanboy content, in any medium:

    a. To reproduce, remix, or otherwise alter original Attack of the Fanboy site material so long as the logo is displayed and credit is given. This includes, specifically, permission:

    i. to reproduce quotes any page of Attack of the Fanboy.
    ii. to reproduce screenshots of any page of Attack of the Fanboy.
    iii. to include original Attack of the Fanboy material in mash-ups, mixes, parodies, caricatures, etc… for movies, TV, print, or online

    Important Note: This does not include the right to republish images from Attack of the Fanboy, for which Attack of the Fanboy may not the copyright holder, except in the context of a screenshot of the whole site. Attack of the Fanboy makes no representations or guarantees about the suitability for third-party use of content that appears on the Attack of the Fanboy, and licenses herewith only the content of which Attack of the Fanboy is the copyright holder.

    2. RSS Feeds – Attack of the Fanboy provides an excerpt RSS feed. If you are using all or substantially all of the feed, we ask that you do not modify it in any way, including the stripping out of advertisements and abide by the following guidelines

    • a. Full ad-supported feeds are intended only for personal use in RSS readers.
    • b. For all other feed uses, including reproduction on websites, you should only use the Excerpt feeds, unless otherwise agreed with the company.
    • c. Please do not splice the RSS feeds into or otherwise redistribute them via third-party RSS providers.
    • d. Please do not add content, including any advertisements or other promotional content, to the RSS feeds.
    • e. Attack of the Fanboy reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
    • f. Attack of the Fanboy further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.

    3. Web Syndication of Attack of the Fanboy Content

    • a. Internal links in the Site content must not be removed.
    • b. The Site logo and/or URL should appear on each page displaying site content.
    • c. The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
    • d. “More From…” links back to original Site at the end of each post must be included on content pages and may not be removed.

    4. Print Syndication Terms of Use

    • a. Reproduction of screenshots from any Site is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page. See above for general permissions on partial content.
    • b. The Site logo and URL must appear prominently at the top of each section displaying site content.
    • c. Content must be unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
    • d. Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.

    5. General Terms of Use – Attack of the Fanboy provides content “as is” and Attack of the Fanboy shall not be held liable for your use of the information, the feeds, or your use of the Attack of the Fanboy. Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. Attack of the Fanboy is not responsible for any complaints regarding content or images that you choose to display on your site or in print.

    TO THE FULLEST EXTENT ALLOWED, Attack of the Fanboy DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds provided above or the Attack of the Fanboy Site , you indicate that you understand and agree to these terms and conditions set forth in the Terms of Use.

    6. Corresponding with Attack of the Fanboy - Any correspondence with the Attack of the Fanboy, or submission of content to us, including any documentation or images, is considered property of Attack of the Fanboy. Attack of the Fanboy reserves the right to reproduce such content, in whole or in part, and to use it in any way we choose, including sublicensing the content and allowing third parties to republish the material. In submitting something to us, you are representing that the content is yours to give to us, does not infringe on any third party’s rights – copyright, trademark, privacy rights and the like – and is not libelous or unlawful in any other way.

    7. Comments – The comments sections on Attack of the Fanboy are accessible to all users.  Attack of the Fanboy will not accept responsibility for information posted in the Comments. In order to make our comments useful and interesting, the following guidelines have been established for comment users:

    • a. Do not post threatening, harassing, defamatory, or libelous material.
    • b. Do not intentionally make false or misleading statements.
    • c. Do not offer to sell or buy any product or service.
    • d. Do not post material that infringes copyright or any other intellectual property interest.
    • e. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
    • f. Keep all comments relevant to the particular site where the comment is being posted.

    Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Use. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot remove your comments simply because you have a change of heart about making them.

    Additionally, it is our policy not to delete comment accounts. Attack of the Fanboy, however, reserves the right to remove comments and comment accounts entirely at its discretion, including for alleged violations of Terms of Use or legal rights.

    Attack of the Fanboy is not responsible for the content of user comments. If a third party complains that your comment violates our Terms of Use or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our Privacy Policy, but may be compelled to turn it over pursuant to legal process.

    8. Image and Video Terms of Use – Attack of the Fanboy sites typically display images, audio, and video (the “Material”) as part of blog posts written by our editors. The types of Material editors are authorized to use on Attack of the Fanboy sites include:

    • a. Material licensed from photographic archive and video vendors;
    • b. Material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes;
    • c. Reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use;
    • d. Material published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case;
    • e. Material commissioned by Attack of the Fanboy
    • f. Material that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
    • i. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody
    • ii. The nature of the copyrighted work (i.e. factual or newsworthy versus creative works)
    • iii. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Material used for no more than to convey the point made)
    • iv. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)

    9. Notices – If Attack of the Fanboy receives notice that Material posted is not in keeping with the Terms of Use or the intended use of the Comments section where it is posted, we reserve to right to remove the material. If you think we have published Material that infringes your copyright, we will address your concerns; however, if the material falls into one of the categories listed above, we believe that our use is legitimate and we will not remove it from the site.

    Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.

    To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (985) 264-2426 to confirm that we received your original complaint.

    To enable us to address your concerns, please provide the following information:

    • I. For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
    • II. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
    • III. For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:
    • IV. Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA; OR, absent such registration, a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright in the image. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
    • V. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    • VI. Sign the document scan it to:  legal AT attackofthefanboy DOT com

    Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

    Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys` fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

    10. External Links Disclaimer – Attack of the Fanboy routinely contain links to external, third party websites. By providing links to other sites, Attack of the Fanboy does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Attack of the Fanboy.

    Attack of the Fanboy does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Attack of the Fanboy assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

    11. General Disclaimer – Attack of the Fanboy is a gossip site. This site publishes both rumors and conjecture in addition to accurately reported information. Information on the sites may contain errors or inaccuracies; the sites’ proprietors do not make any warranty as to the correctness or reliability of the sites’ content. Links to content on and quotation of material from other sites are not the responsibility of Attack of the Fanboy.

    Email sent to any of the Attack of the Fanboy sites is considered our property. We will respect and protect anonymous sources as tipsters, but all correspondence is considered available for publication.

    Attack of the Fanboy is in compliance with the Digital Millennium Copyright Act. For more information on the legality of thumbnail usage of photographs, please download the 9th Circuit Court’s ruling in Kelly v. Arriba Soft Corp (July 7th 2003).

    12. Information Security – Attack of the Fanboy has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.

    Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.

    If you become aware of a security issue, please email us at legal [at] attackofthefanboy [dot] com. We will work with you to address any problems.

    13. Effective Date – This statement of the Terms of Use is effective December 13, 2011.

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