Website Terms & Conditions of Use
This page states the “Terms & Conditions of Use” under which members and users (collectively “Users”) may use this Website, Services and any other websites under Karmafan.com control (whether partial or otherwise).
Access to this Website and the use of information on it and use of the Services are subject to these Terms & Conditions. You should carefully read these Terms & Conditions. By proceeding further, you agree and will be deemed to have accepted them.
We may update these Terms and Conditions (or any other terms and conditions relevant to specific areas of the Website and or Services) from time to time for business, legal or regulatory reasons or to allow the proper operation of the Website and or Services. Any changes will be notified on the Website and or Services. The changes will apply immediately upon notice on the Website. If you do not accept the new Terms and Conditions you should not continue to use the Website and or Services. If you continue to use the Website and or Services after the date on which the change comes into effect, your use of the Website and or Services indicates your agreement to be bound by the new Terms and Conditions.
Membership, access and use of the Website and or Services are also subject to any third party terms and conditions such as terms and conditions of host companies, third party content and content providers, and payment processing vendors. The breach of any such third party terms could, in addition to the rights of Karmafan.com in relation to these Terms & Conditions, also entitle Karmafan.com to suspend and or terminate your rights, membership and or this Agreement.
Definitions
In these Terms & Conditions, the following terms shall have the meanings indicated:-
“Artist(s)” means a creative artist who legitimately and validly registers with Karmafan.com in order to receive patronage from Karmafan.com Patrons;
“Karmafan.com” means KarmaFan Limited of 12 Butlers Court, Sir John Rogersons Quay, Dublin 2, Ireland;
“Member(s)” means a current validly registered member or members of the Services including (as appropriate) an Artist and or Patron;
“Membership Agreement” means the Artist Membership Agreement and or Patron Membership Agreement (as appropriate);
“Patron” means a current legitimately and validly registered Patron of the Services and Artists;
“Badge” means a piece of software code that deep links to an image showing the artists supported by a patron;
“Privacy Statement” means our statement of practice as regards the privacy and security of your information when accessing and/or using this Website and any of the features and services on or available through it;
“Services” means the online information, viewing, payment, top up, prepayment, account and other access services including use of any Software and or payment or account facilities or services provided by Karmafan.com to Members and or such limited access, previews and or activities which may be permitted to Users (if any);
“Software” means any and all software and intellectual property of Karmafan.com used in relation to the website and or Services including for the avoidance of doubt the Karmafan widget wheresoever located;
“You” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website;
“we” and “our” and “us” means Karmafan.com.
Use of Material
Karmafan.com grants a non-exclusive non-transferable, limited personal licence to Members and or Users to view and or access copies of (i) the publicly accessible material and (ii) the material available from those additional areas of the Website to which Members and or Users (as appropriate) may be permitted limited access pursuant to the terms of these Terms & Conditions and or the Membership Agreement on the Website and any other websites under Karmafan.com control (whether partial or otherwise) (if permitted) (collectively “Karmafan.com Site(s)”) for User’s personal use in accordance with the terms and conditions of these Terms & Conditions and or the Membership Agreement and such other terms and conditions as may be imposed by Karmafan.com from time to time at its sole discretion. Capitalised terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Membership Agreement.
The contents of Karmafan.com Sites, such as text, graphics, images, logos, button icons, software and other material including the Software (collectively “Material”), are protected under European Union, Irish and international copyright, database right, sui generis right, trade mark and other intellectual property laws. Except as provided in the Membership Agreement, all Material is the property of Karmafan.com and or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on each Karmafan.com Site is the exclusive property of Karmafan.com. Unauthorised use of the Material may violate copyright, trade mark and other laws. Karmafan.com retains all copyright, trade mark, service-mark and other proprietary notices contained in the original Material on any copy Users makes of the Material. Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent owned otherwise permitted by the Agreement, the use of the Material on any other website or in a networked computer environment or any other communications or technology device or for any purpose is prohibited. Users and or Members are not authorized to sell, licence, forward or copy the Material to any other communications or technology device nor to forward, sell, licence, copy or distribute the Material to any other party whatsoever and wheresoever.
Users may not copy or adapt the HTML code, software or intellectual property that Karmafan.com creates to generate its pages, products, services, engines, software and for the avoidance of doubt the Software. Same is all protected by Karmafan.com copyright and intellectual property rights.
Software Licence
The Karmafan widget allows members to login, make Artist patronage Member Payments, invite friends to support the Artists and view other information made available on the widget. Such use is limited to the uses permitted by these terms and the relevant agreement with Karmafan.com and is limited to the term permitted, is revocable by Karmafan.com with or without cause and notice. No other licence whatsoever is granted or permitted.
Acceptable Site Use
General Rules: Users may not use any Karmafan.com Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, harassing abusive or hateful.
Karmafan.com Site Security Rules
Users are prohibited from violating or attempting to violate the security of any Karmafan.com Site and or Software, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Karmafan.com Site and or Software, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Karmafan.com may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations.
Karmafan.com is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption. Please note that Karmafan.com cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this Website and in availing of any of the services/information available on or via this Website, you are deemed by these Terms & Conditions to accept that electronic mail messaging, Internet communication and wireless communication may not be free from interference by third parties and may not remain confidential. The use by you of this Website is at your sole risk.
Specific Prohibited Uses
Karmafan.com specifically prohibits any use of any Karmafan.com Site, and all Users agree not to use any Karmafan.com Site, for any of the following:
- Posting any incomplete, false or inaccurate information or information which is not User’s own accurate posting;
- Posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
- Deleting or revising any material posted by any other person or entity;
- Using any device, software or routine to interfere or attempt to interfere with the proper working of any Karmafan.com Site or any activity being conducted thereon;
- Taking any action, which imposes an unreasonable or disproportionately large load on any Karmafan.com Site’s infrastructure;
- Disclosing to or sharing a password or code with any party that is not expressly permitted to use such password, or using a password for any unauthorized purpose;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Karmafan.com Site;
- Accessing or downloading any content, files or publications more than is permitted;
- Attempting to reverse engineer or disable, amend, alter or bypass any security information, coding, encryption, use restrictions or embedded information or identifiers;
- Bombing or repeatedly making unwanted payments to the same Artist, Member or User without their consent or against their wishes;
- Impersonating (to include impersonating of publicly recognised persons such as a performer), identify theft, inaccurate description or appropriation including for the avoidance of doubt taking or using another persons works, name, likeness or claiming authorship or ownership of their work;
- Using or assisting others to use the Software without being a current validly registered Member of Karmafan.com and agreeing to an appropriate Membership Agreement.
The information on this Website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this Website, you should not use this Website.
User Submissions
Users are responsible for their own communications and for the consequences of postings and other submissions of Users, if any are permitted and in the manner permitted. Users shall not do the following things: post material that is copyrighted, unless the User is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless the User owns them or has the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy data protection or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive or hateful; post sexually-explicit images or statements; post advertisements or solicitations of business other than job postings as contemplated by the Agreement, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Karmafan.com does not represent or guarantee the truthfulness, accuracy, legality or reliability of communications posted by users or endorse any opinions expressed by Users or Karmafan.com or authors. Users acknowledge that any reliance on material posted on any Karmafan.com Site will be at the User’s own risk.
Karmafan.com acts as a passive conduit for the online distribution and publication of information, including the Services, and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by the User or any other user of communications which allegedly do not conform to the Membership Agreement or these Terms & Conditions or, with respect to non-member users of any Karmafan.com Site, which do not conform to the terms of use applicable to the public access areas of any Karmafan.com Site, Karmafan.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication and or membership. Karmafan.com has no liability or responsibility to Users or other users for performance or nonperformance of such activities. Karmafan.com reserves the right to remove communications that are false, inaccurate, unsubstantiated, abusive, illegal or disruptive. Karmafan.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its reasonable discretion if it believes it may create liability for Karmafan.com or others or may cause Karmafan.com to lose (in whole or in part) the services of its ISPs, Members, partners or suppliers.
Registration and Password
Users are responsible for maintaining the confidentiality of their information and password(s) assigned to Users and including coding, passwords and related information and access permissions. Users shall immediately notify Karmafan.com of any unauthorized use, loss or breach of any password, tickets, coding, etc. of which Users become aware or ought to become aware of. Users agree to notify Karmafan.com promptly after the departure of any person to whom a password, ticket, coding, etc. was provided and Karmafan.com reserves the right to cancel such password, ticket, coding, etc. and issue a new password, ticket, coding, etc. in lieu thereof. Karmafan.com reserves the right to periodically change issued passwords.
Karmafan’s Liability
Karmafan.com is only an information provider, patronage facilitator portal and or third party content copy and listing website, including the Services, and does not screen or censor the listings, publications and or Material available or offered. Karmafan.com is not involved in the actual creation or formulation of publications nor the content, views and or opinion contained in any publications or Materials or Member content, communications or purported identities. As a result, Karmafan.com has no control over the quality, safety or legality of the publications, postings, the truth or accuracy of the listings, publications or identities and does not have the ability to verify, alter, amend, moderate or censor profiles, publications or Members. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, local laws and customs, underage persons or people acting under false pretenses. Users assume all risks associated with dealing with other users with whom Users and or Members (purported or otherwise) come in contact through any Karmafan.com Site or publication and all responsibility for their use of the Website, Services, publications and all local laws and customs.
Because user authentication on the Internet is difficult, Karmafan.com cannot and does not confirm or verify that each user is who he, she or it claims to be. Karmafan.com does not and cannot be involved in user-to-user dealings or control the behaviour of participants on any Karmafan.com Site. In the event that a User has a dispute with one or more Users, Users and Members release Karmafan.com (and its officers, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent resulting from such disputes.
Karmafan.com is under no legal obligation to, and generally does not, control the information provided by Karmafan.com, suppliers and or other users which may be made available or accessible through any Karmafan.com Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Karmafan.com expects that Users will use caution and common sense when using Karmafan.com Sites.
The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement, (i) Karmafan.com makes no representations about the accuracy, reliability, completeness, or timeliness of Karmafan.com Sites, Services or the Material and (ii) changes are periodically made by Karmafan.com to Karmafan.com Sites and Services and may be made by Karmafan.com at any time and without notice.
Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any publications and or Material posting or any content placed by Karmafan.com, suppliers and or Users on any Karmafan.com Site.
Karmafan.com is not responsible for any User payments, patronage, purchasing, licensing, accessing or downloading decisions.
Processing
Karmafan.com’s only method of application processing of Members and who they say they are, is to use and accept purported and or apparent website control and or ownership as confirmation. Karmafan.com does not check or verify identity or location and shall not be liable for any third party misrepresentation by site administrators or others who have apparent control of a website.
No Warranty
Karmafan.com will endeavour to provide the Services using its reasonable skill and care. Save where required by law, Karmafan.com makes no warranty or representation, whether express or implied, in relation to the Services.
Karmafan.com makes no warranty that the Services will meet users requirements or expectations or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services or the server(s) that make it available are free of viruses or bugs, nor do Karmafan.com make any warranty as to the full functionality, accuracy, reliability of the materials or profiles supplied to or by Karmafan.com or results of the Services or the accuracy of any information obtained through the Karmafan.com Services.
Access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In this event, Karmafan.com will attempt to restore the service as soon as it reasonably can.
Karmafan.com reserves the right to discontinue any part of the Services and also to introduce new Services.
Karmafan.com Conduct and Limitation of Liability
Users, Artists, Patrons and Members agree that their use of the Website and Services is at their sole risk.
Karmafan.com shall not be responsible or liable for any loss of content or material uploaded or transmitted through the Services and the Users confirm that Karmafan.com will not be liable to the user or any third party for any modification to, suspension of or discontinuance of the Services.
Karmafan.com reserve the right to withdraw the Karmafan.com Services or elements of the Services at any time, and will not be liable as a result of any such action.
Should funds be credited to or debited from a Member’s account in error, the user must notify Karmafan.com of the error without delay. Karmafan.com reserves the right to cancel any payment, request for payment and or to transfer or repay any funds paid in error. Members agree to indemnify Karmafan.com in respect of any erroneously credited and/or debited funds.
Karmafan.com will not be held responsible for any typing, technical, or human error in the operation of the Services. In the event of error, Karmafan.com reserves the right to either void any affected payments at any time or to correct the error.
Where Karmafan.com is in breach of these terms and conditions, it will only be responsible for any losses suffered by the Member as a result of and to the extent that they are a foreseeable consequence to both the Company and the Member at the time the Member last accepted or is deemed to accept the terms and conditions.
Karmafan.com will under no circumstances be held liable for any damages or losses of an indirect nature that are deemed or alleged to have resulted from or been caused by the Services, the Website or its content including, without limitation, delays or interruptions in operation or transmission, communication line failure, any persons use or misuse of the Website or its content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss.
Karmafan.com’s liability, if any, shall be limited to a total aggregate sum equivalent to the commission received by Karmafan.com in respect of the payments which are the subject of any breach by it or $10.00 whichever is the greater.
Karmafan.com does not exclude or limit liability for death or personal injury.
Karmafan.com will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable and foreseeable control.
Karmafan.com reserves the right to withdraw the Website, the Services, Software or elements of either at any time, and save for any rights that the Member may have over deposited funds in its account, if any, will not be liable as a result of any such action.
Karmafan does not make any interest payments for the money in member’s accounts and shall have no such responsability.
General Disclaimer of Liability
Karmafan.com endeavours to provide generally accurate details wherever and whenever possible. No member of Karmafan.com (or any other person involved with the provision and maintenance of this Website or Karmafan.com) takes any responsibility for the accuracy of the information provided on or via this Website. Use and reliance of such information is at the User’s sole risk. No member of Karmafan.com accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
- use of this Website, including but not limited to any electronic mail messaging and Internet or wireless communication that may arise from, in the course of or pursuant to such use; and/or
- reliance on the information contained in this website, whether: (a) downloaded or not; (b) authorised or not.
Karmafan.com makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information or the Services. In the event of any liability whatsoever arising, such liability shall be capped and limited to a total aggregate amount of €100.00.
Links to Other Sites
Karmafan.com Sites may contain links to third party websites. These links are provided solely as a convenience to Members and/or other users and not as an endorsement by Karmafan.com of the contents on such third-party websites. Karmafan.com is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third party websites, Users do so at their own risk.
This Website may contain hypertext links to websites not maintained by Karmafan.com or any member of Karmafan.com group. Neither Karmafan.com any member of the Karmafan.com group endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of Karmafan.com group is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. Karmafan.com hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
This Website may contain hypertext links to websites maintained by members of Karmafan.com group other than Karmafan.com. You are reminded that different terms and conditions of use may apply to you as a user of such websites.
No third party is permitted to create a link from another website to this Website without our prior written consent.
Lawfulness
Karmafan.com makes no claims that the Materials may be lawfully viewed, accessed or downloaded outside of the Republic of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any Karmafan.com Site from outside of the Republic of Ireland, they do so at their own risk and are solely responsible for compliance with the laws and customs of, or applicable to, its jurisdiction.
The information on this Website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this Website or otherwise. If you have any doubts about the legality of your using this Website, you should not use this Website.
Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this Website. However, we do not make any representations or warranties as to the accuracy of the information contained on this Website.
Not an Offer or Solicitation
The information contained on this Website is not intended to nor does it constitute an offer or solicitation of services.
Privacy Statement
Karmafan.com will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions, the Terms and Conditions shall prevail.
Copying
The information contained on this Website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of Karmafan.com.
Amendments
The contents of this website, including these Terms & Conditions, any information contained on this website and Karmafan.com Privacy Statement are subject to change and to being updated or amended without notice from time to time. Amendments shall be notified by updated policies and terms in this Website.
General
If any part of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions.
No waiver by Karmafan.com of any of these Terms & Conditions shall be construed as a waiver of any preceding or succeeding breach of any of these Terms & Conditions.
Nothing in these Terms & Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between the Member and Karmafan.com.
The Member confirms that they have read, understood, accept and consent to the Karmafan.com Privacy Statement.
The Services and Software are subject to the laws and regulations of the Republic of Ireland and any dispute arising out of or relating to the Services, payments, Website, Software and/or Karmafan.com payment system shall be governed by the laws and jurisdiction of the Republic of Ireland.
Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions, shall lie exclusively with the Irish Courts and the Terms & Conditions and Membership Agreement shall be construed in accordance with the law of the Republic of Ireland. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term.