⇒ Member Login
FaderPro logo

Terms

FaderPro Terms of Service

ANY PERSON WHO CHOOSES TO PURCHASE OR USE THE PRODUCTS AND SERVICES ON FADERPRO.COM HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH BY DIANTONI ENTERPRISES, INC.  THESE TERMS AND CONDITIONS WERE CREATED ON OCTOBER 1, 2008 AND SHALL REMAIN IN EFFECT IN PERPETUITY THROUGHOUT THE WORLD.

1. Definitions.

"FaderPro Interactive" is the interactive on-line service operated by Diantoni Enterprises, Inc. ( a/k/a "FaderPro") on the World Wide Web of the Internet, consisting of information services and content provided by FaderPro, affiliates of FaderPro and other third parties. "Subscriber" means each person who establishes or accesses a connection and/or creates and account ("Account") for access to and use of FaderPro Interactive.

2. General.

(A) This Agreement, which incorporates by reference other provisions applicable to use of FaderPro Interactive, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in FaderPro Interactive, sets forth the terms and conditions that apply to use of FaderPro Interactive by Subscriber. By using FaderPro Interactive (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use FaderPro Interactive is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) FaderPro shall have the right at any time to change or discontinue any aspect or feature of FaderPro Interactive, including, but not limited to, content, hours or length of availability, and equipment needed for access or use.

3. License Agreement.

Diantoni Enterprises, Inc., FaderPro and its affiliates who offer content and products that are the owned and created by Diantoni Enterprises, Inc, FaderPro and its affiliates, grant the user a non-transferable, non-exclusive license to use the content, information, video, images, or any other data that is given at the time of purchase. This license is granted soley to the purchaser on record for use and may only be used for personal use or internal use by a company and its official employees or agents. Materials and content created and produced by Diantoni Enterprises, Inc., FaderPro and its affiliates may not, at any time, be copied, reverse engineered, translated, transcribed, modified, rented, loaned, or publicly broadcasted, shown or otherwise made available.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of FaderPro Interactive and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use FaderPro Interactive for lawful purposes only. Subscriber shall not post or transmit through FaderPro Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FaderPro's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in FaderPro's discretion restricts or inhibits any other Subscriber from using or enjoying FaderPro Interactive will not be permitted. Subscriber shall not use FaderPro Interactive to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with FaderPro Interactive.

(B) FaderPro Interactive contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of FaderPro Interactive are copyrighted as a collective work under the United States copyright laws. Diantoni Enterprises, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of FaderPro and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on FaderPro Interactive any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of FaderPro Interactive, Subscriber automatically grants, or warrants that the owner of such material has expressly granted FaderPro the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants FaderPro the right to edit, copy, publish and distribute any material made available on FaderPro Interactive by Subscriber.

(D) The foregoing provisions of Section 5 are for the benefit of FaderPro, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranties; Limitation of Liability.

(A) Subscriber expressly agrees that the use of FaderPro Interactive is at subscriber's sole risk. Neither Diantoni Enterprises, Inc., FaderPro, its affiliates nor any of their respesctive employees, agents, third party content providers or licensors warrant that FaderPro Interactive will be uninterrupted or error free; nor to they make any warranty as to the results that may be obtained from the use of FaderPro Interactive, or as to the accuracy, reliability or content of any information, service, or merchandise provided through FaderPro Interactive. 

(B) FaderPro Interactive is provided on an "as is" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

(C) This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that Diantoni Enterprises, Inc. is not liable for the defamatory, offensive or illegal contact of their subscribers or third parties and that the risk of injury from the forgoing rests entirely with the subscriber.

(D) In no event will Dianton Enterprises, Inc, or any person or entity involved in creating, producing, or distributing FaderPro Interactive or the FaderPro interactive content, be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use FaderPro Interactive. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on FaderPro Interactive.

(E) In Addition to the terms set forth above neither Diantoni Enterprises, Inc., nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or the defects in, or untimeliness or unauthenticity of, the information contained within FaderPro Interactive, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.  None of the foregoing parties shall be liable for any third party claims or losses of any nature, including but not limited to, loss profits, punitive or consequential damages.  

7. Monitoring.

FaderPro shall have the right, but not the obligation, to monitor the content of FaderPro Interactive, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by FaderPro and to satisfy any law, regulation or authorized government request. FaderPro shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FaderPro Interactive. Without limiting the foregoing, FaderPro shall have the right to remove any material that FaderPro, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless FaderPro, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FaderPro Interactive by Subscriber or Subscriber's Account.

9. Trademarks.

FaderPro, Diantoni Enterprises, Inc. and each of their logos are trademarks of Diantoni Enterprises, Inc. All rights reserved. All other trademarks appearing on FaderPro Interactive are the property of their respective owners.

10. Third Party Content.

FaderPro is a distributor (and not a publisher) of content supplied by third parties and its Subscribers. Accordingly, FaderPro has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of FaderPro Interactive, are those of the respective author(s) or distributor(s) and not of FaderPro or Diantoni Enterprises, Inc. Neither FaderPro nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through FaderPro Interactive represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with FaderPro. FaderPro neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on FaderPro Interactive by anyone other than authorized FaderPro employee spokespersons while acting in their official capacities. Under no circumstances will FaderPro be liable for any loss or damage caused by a Subscriber's reliance on information obtained through FaderPro Interactive. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through FaderPro Interactive. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

11. Copyrights and Copyright Agent.

Diantoni Enterprises, Inc. respects the rights of all copyright holders and in this regard, Diantoni Enterprises, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, web posting, reprint, transcript or licensing requests for FaderPro material, or any questions or requests other than copyright issues or licensing requests, please contact us: info@faderpro.com

12. Money Back Guarantee.

Diantoni Enterprises, Inc. will provide a money back guarantee within 24 hours of access to online materials.   In the cases involving online streaming or other materials accessed on our websites, a submitted claim stating reason for dissatisfaction is required within 24 hours from purchase. A 30-day money back guarantee is provided for physical goods purchased only at our site. In the cases involving physical goods,  a submitted claim stating reason for dissatisfaction is required within a 30-day period from the date of purchase.   Return shipping is the responsibility of the customer of any physical product  returned. The amount refunded will be the amount paid at the original time of purchase, less any shipping or processing or re-stocking fees we may incur.  We cannot return any FaderPro physical products purchased at any third-party or affiliate store or website(s). Please inquire with the specific third-party or affiliate from whom products were purchased for any return inquiries.  

13. Exchanges.

Diantoni Enterprises, Inc. will exchange any defected products purchased at our store.  This exchange policy applies to physical products only. If a customer encounters any issue which they feel is due to a defective product, please contact us detailing the issue. If an exchange is issued, the customer is responsible for any shipping charges. 

14. Refund / Return Policy.

Our goal is to ensure that you are 100% satisfied with every FaderPro course. If you are not completely satisfied we will arrange a full refund. In the case of DVD orders, if you receive a damaged or defective product, we will ship you out a new one. For information or to process a refund/return, please contact customer support via email to explain the details of your issue.

15. Shipping.

International customers will be required by their country to pay duties and taxes before they receive their package. These rates vary by country. Please take note of this extra cost, as it is not included with your FaderPro merchandise and shipping charges.

16. Miscellaneous.

FaderPro and Diantoni Enterprises, Inc. reserves the right to modify, stop, or discontinue any product offered on our site(s). This includes physical, as well as content accessed through our website. This Agreement and any operating rules for FaderPro Interactive established by Diantoni Enterprises, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

17. Changed Terms.

FaderPro shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of FaderPro Interactive, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on FaderPro Interactive, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of FaderPro Interactive by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

18. Termination.

Either FaderPro or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, FaderPro shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which FaderPro, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.