Fanfare Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SANDISK CORPORATION (“SANDISK”) STATING THE TERMS THAT GOVERN YOUR USE OF THE FANFARE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SANDISK’S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SANDISK. You can accept the Terms by using the FANFARE Service. In this case, you understand and agree that SanDisk will treat your use of the FANFARE SERVICE as acceptance of the Terms from that point onwards. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE FANFARE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SANDISK MAY REFUSE ACCESS TO THE FANFARE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

  1. Definition of the Fanfare™ Service. SanDisk is the provider of the Fanfare content delivery service that permits you to download and in some instances purchase digital entertainment content, including video content (individually “Digital Content” and collectively the “Fanfare Service”), under certain terms and conditions as set forth in this Agreement, the Fanfare End User License Agreement and Fanfare Privacy Policy.
  2. Age requirements for use of the Fanfare Service. The Fanfare Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you must review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions. By using the Fanfare Service you represent that you are 18 years of age or older or otherwise have permission of a parent or guardian to enter into this Agreement and that you have reviewed these terms and conditions with such parent or guardian if you are under 18 years of age.
  3. Objectionable Material. You understand that by using the Fanfare Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such including without limitation content that may be adult themed or directed towards mature audiences. Nevertheless, you agree to use the Fanfare Service at your sole risk and that SanDisk shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
  4. System Requirements. Use of the Fanfare Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Fanfare Service involves hardware, software, and Internet access, your ability to use the Fanfare Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Fanfare Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Fanfare Service.
  5. SanDisk’s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Fanfare Service is subject to SanDisk's Privacy Policy at http://fanfare.com/privacypolicy which is expressly made a part of this Agreement. If you have not already read SanDisk’s Privacy Policy, you should do so now.
  6. Your Information. You agree to provide accurate, current, and complete information required to register with the Fanfare Service and at other points as may be required in the course of using the Fanfare Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. SanDisk may terminate your rights to any or all of the Fanfare Service if any information you provide is false, inaccurate or incomplete. You agree that SanDisk may store and use the Registration Data you provide, including credit card information or other payment information, for use in maintaining your accounts and billing fees to your credit card.
  7. User Account and Security.

    • Account and Password. As a registered user of the Fanfare Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify SanDisk of any unauthorized use of your Account or any other breach of security. In choosing a user name, SanDisk encourages you to choose a name that is not personally identifiable. SanDisk shall not be responsible for any losses arising out of the unauthorized use of your Account.
    • Security. You understand that the Fanfare Service, and Digital Content purchased through the Fanfare Service, including without limitation content that is protected using Trusted Flash technology, may limit your usage of the Digital Content to certain usage rules established by SanDisk and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below and as may change from time to time, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by SanDisk for compliance purposes, and SanDisk reserves the right to enforce the Usage Rules with or without notice to you. For example, when you use the Fanfare Service, the software may provide SanDisk with information related to the Digital Content on your authorized device and your use of it and information regarding your authorized device and its interaction with the Fanfare Service. This information will enable SanDisk to manage rights associated with the Digital Content, allow SanDisk to help you use the Fanfare Service more effectively and otherwise help SanDisk to enhance and improve the Fanfare Service. You will not access the Fanfare Service by any means other than through software that is provided by SanDisk for accessing the Fanfare Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Fanfare Service. Violations of system or network security may result in civil or criminal liability.
  8. Purchase of SanDisk Content.

    • Fanfare Service Requirements. You acknowledge that use of the Fanfare Service may require the use of other hardware and software products (e.g., the ability to make copies of the Digital Content on physical media and render performance of the Digital Content on authorized digital player devices), and that such hardware and software is your responsibility. Once you have purchased or downloaded Digital Content using the Fanfare Service, it is your responsibility not to lose, destroy, or damage the Digital Content, and SanDisk shall be without liability to you in the event of any loss, destruction, or damage.
    • Use of the Digital Content provided via Fanfare Service. You acknowledge that the Fanfare Service and Digital Content may use security technology that limits your usage of the Digital Content to the following Usage Rules which may be subject to change, and, whether or not the Digital Content is limited by security technology, you agree to use the Digital Content in compliance with the applicable Usage Rules.
    • Usage Rules

      • Your use of the Fanfare Service and Digital Content is conditioned upon your prior acceptance of the terms of this Agreement.
      • You shall be authorized to use the Fanfare Service and Digital Content only for personal, noncommercial use.
      • You shall be entitled to use the Fanfare Service and Digital Content for the limited purpose of playing back Digital Content downloaded to your Fanfare-enabled device in connection with your use of the Fanfare Service. The Fanfare Service is designed to allow you to view Digital Content on no more than two (2) authorized devices simultaneously subject to any license limitations associated with the particular Digital Content. Some restrictions may apply to certain Digital Content which may include limitations on the number of authorized devices upon which downloaded Digital Content may be played back.
      • You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Fanfare Service or used to protect the Digital Content or to administer the Usage Rules.
      • The delivery of Digital Content does not transfer to you any commercial or promotional use rights in the Digital Content or the Fanfare Service..
      • You will not display, copy or transmit the Digital Content in any manner except as expressly permitted by this Agreement.
    • You agree that your use of the Fanfare Service and download of its content constitutes your acceptance of and agreement to use the Fanfare Service and Digital Content solely in accordance with the Usage Rules, and that any other use of the Fanfare Service and Digital Content may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Digital Content and Fanfare Service. The Usage Rules shall govern your rights with respect to the Fanfare Service and Digital Content, in addition to any other terms or rules that may have been established between you and another party. SanDisk reserves the right to modify the Usage Rules at any time.
    • You acknowledge that some aspects of the Fanfare Service, Digital Content, and administering of the Usage Rules entails the ongoing involvement of SanDisk. Accordingly, in the event that SanDisk changes any part of the Fanfare Service or discontinues the Fanfare Service, which SanDisk may do at its election, you acknowledge that you may no longer be able to use the Digital Content to the same extent as prior to such change or discontinuation, and that SanDisk shall have no liability to you in such case.
  9. Territory. The Fanfare Service is currently offered only to users in the United States, and is not available or intended for use or access in any other location. You agree not to use or attempt to use the Fanfare Service from outside of the available territory, and that SanDisk may use technologies to verify your compliance.
  10. Agreement to Pay

    • Payment for Digital Content. You agree to pay for any applicable charges for all Digital Content you purchase through the Fanfare Service, and that SanDisk may charge your credit card for any applicable charges for any Digital Content, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SANDISK WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All applicable fees will be billed to the credit card you submit in connection with any Digital Content requiring payment. We may permit you to designate a particular card for any and all payments required through your use of the Fanfare Service. If you want to designate a different credit card or if there is a change in your credit card, you must change your credit card information online at the User Profile section of the Fanfare Service. (There may be a temporary disruption of your access to the Fanfare Service until SanDisk can verify the validity of the new credit card.)
    • Right to Change Prices and Availability of Digital Content. Prices and availability of any content are subject to change at any time.
    • Electronic Signatures and Contracts. Your use of the Fanfare Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
    • In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  11. Delivery of Digital Content for Download.

    • Technical Problems. On occasion, technical problems may delay or prevent delivery of your downloaded Digital Content. Your exclusive and sole remedy with respect to Digital Content that is not delivered within a reasonable period will be either replacement of such Digital Content, or refund of the purchase price paid for such Digital Content if any, as determined by SanDisk.
  12. Intellectual Property.

    • Acknowledgement of Ownership. You agree that the Fanfare Service, including but not limited to Digital Content, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by SanDisk and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Fanfare Service in compliance with the terms of this Agreement. No portion of the Fanfare Service or Digital Content may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any Digital Content made available through the Fanfare Service, in any manner, and you shall not exploit the Fanfare Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    • Removal of SanDisk Content or Other Materials. Notwithstanding any other provision of this Agreement, SanDisk and its licensors reserve the right to change, suspend, remove, or disable access to any Digital Content, or other materials comprising a part of the Fanfare Service at any time without notice. In no event will SanDisk be liable for the removal of or disabling of access to any such Digital Content or materials under this Agreement. SanDisk may also impose limits on the use of or access to certain features or portions of the Fanfare Service, in any case and without notice or liability.
    • Copyrights. All copyrights in and to the Fanfare Service and Digital Content, (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by SanDisk and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE FANFARE SERVICE, EXCEPT FOR USE OF THE FANFARE SERVICE AND DIGITAL CONTENT AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    • Trademarks. SanDisk, the SanDisk logo, and Sansa are trademarks of SanDisk Corporation, registered in the U.S. and other countries. Fanfare and TakeTV are trademarks of SanDisk Corporation. Other brand names mentioned in connection with the Fanfare Service and Digital Content may be the trademarks of their respective holder(s). You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
  13. Termination.

    • Termination by SanDisk. If you fail, or SanDisk suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide SanDisk with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, SanDisk, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Fanfare Service (or any part thereof).

    • Termination of the Fanfare Service. SanDisk reserves the right to modify, suspend, or discontinue the Fanfare Service (or any part or content thereof) at any time with or without notice to you, and SanDisk will not be liable to you or to any third party should it exercise such rights.
  14. General Compliance with Laws. The Fanfare Service is controlled and operated by SanDisk from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Fanfare Service and Digital Content including the Usage Rules.
  15. Enforcement of These Terms. SanDisk reserves the right to takes steps SanDisk believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SanDisk’s right to cooperate with any legal process relating to your use of the Fanfare Service and/or Digital Content, and/or a third party claim that your use of the Fanfare Service and/or Digital Content is unlawful and/or infringes such third party's rights). You agree that SanDisk has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as SanDisk believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SanDisk’s right to cooperate with any legal process relating to your use of the Fanfare Service and/or Digital Content, and/or a third party claim that your use of the Fanfare Service and/or Digital Content is unlawful and/or infringes such third party's rights).
  16. No Responsibility for Third-Party Materials or Web sites. Certain content and services available via the Fanfare Service will include materials from third parties. In addition, SanDisk may provide links to certain third party Web sites. You acknowledge and agree that SanDisk is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. SanDisk does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SanDisk is not in any way responsible for any such use by you.
  17. Disclaimer of Warranties; Liability Limitations.

    • SANDISK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FANFARE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SANDISK MAY REMOVE THE FANFARE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE FANFARE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
    • YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FANFARE SERVICE IS AT YOUR SOLE RISK. THE FANFARE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SANDISK) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
    • IN NO CASE SHALL SANDISK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE FANFARE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FANFARE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SANDISK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    • SANDISK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE FANFARE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SANDISK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    • SANDISK DOES NOT REPRESENT OR GUARANTEE THAT THE FANFARE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SANDISK DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY DIGITAL CONTENT OR ANY OTHER PRODUCTS YOU MAY PURCHASE FROM THE FANFARE SERVICE THAT ARE STORED IN YOUR SYSTEM.
  18. Waiver and Indemnity. BY USING THE FANFARE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD SANDISK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE FANFARE SERVICE AND DIGITAL CONTENT, OR ANY ACTION TAKEN BY SANDISK AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SANDISK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE FANFARE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SANDISK'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  19. Changes. SanDisk reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Fanfare Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Fanfare Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  20. Notices. SanDisk may send you notice with respect to the Fanfare Service by sending an email message to the email address listed in your SanDisk Account contact information, by sending a letter via postal mail to the contact address listed in your SanDisk Account contact information, or by a posting on the Fanfare Service. Notices shall become effective immediately.
  21. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Fanfare Service. Your use of the Fanfare Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SanDisk or relating in any way to your use of the Fanfare Service resides in the courts of the State of California.
  22. Miscellaneous. These Terms of Service constitute the entire agreement between you and SanDisk and govern your use of the Fanfare Service, superseding any prior agreements between you and SanDisk. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SanDisk's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. SanDisk will not be responsible for failures to fulfill any obligations due to causes beyond its control. 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 the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.