What’s up Fam!  Welcome to THEFAMCLUB.COM, the place where fans become FAM and where the evolution of hip-hop culture culminates in a groundbreaking movement to get the music, the money, the movies and the motivation back to the people.  THEFAMCLUB.COM and its network (collectively, "THE FAM CLUB" or "the Service") are operated by Nations Best Enterprises, Inc., Street Runnaz Click, Red Dirt Productions, and its corporate affiliates (collectively, "us", "we" or "the Company").   By accessing our web site at www.thefamclub.com (also www.dafamclub.com) or through one of our affilate links (together the "Site") or by posting information on the site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of THEFAMCLUB.COM or not.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

1)            ELIGIBILITY.  You must be (14) years or older to join THEFAMCLUB.com and use its services.  If you complete the registration, your are thereby certifying that you are at least 14 years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2)            PASSWORD. When you sign up to become a Member, you will also be asked to choose a username and a password for your profile. You are entirely responsible for maintaining the confidentiality of your password and member information including your username, password and other member data.  You agree to notify us immediately if you suspect any unauthorized access to your profile or password. You are solely responsible for any and all uses of your Member profile.

3)            NON-COMMERCIAL USE BY MEMBERS. The Services in the REGULAR MEMBERS AREAS of THEFAMCLUB are for the personal use of individual Members only, and may not be used in connection with any commercial endeavors.  This includes providing links to other websites, whether deemed competitors of THEFAMCLUB or not.   Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken.

4)            PERMISSIBLE COMMERCIAL USE – Members and Businesses who wish to engage in commercial activity in THE FAM CLUB’S web space, whether in the form of advertising, solicitation, or active e-commerce, must get expressed written approval from THEFAMCLUB.COM to do so.   This includes among other things framing any portion of our web site, email addresses, sending junk mail, chain letters, mass mailings, or spamming.

Since one of the goals of THEFAMCLUB.COM is to help our members to become better off financially, we must remain proactive at identifying and regulating potentially fraudulent activities which could reflect negatively upon THEFAMCLUB.COM and its members.  The commercial portion of our company is about reciprocation.  If you can demonstrate that the product or service that you’re selling or promoting can benefit our members, either financially, physically, emotionally, or spiritually, and is also in line with THEFAMCLUB.COM’s overall Mission, then there is a strong chance that there may be partnership opportunities available.  If you here try to scam our members, “pimp” our system, or evade our NON-COMMERCIAL USE POLICY, your account we be immediately suspended upon discovery of this.  For more information on partnership or affiliate opportunities, please contact us at affiliates@thefamclub.com.

5)            PROPRIETARY RIGHTS IN THE SERVICE. THEFAMCLUB.COM owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information of THEFAMCLUB.COM, and its licensors, including other FAMCLUB.COM Members. Except for property that is defined as public domain or open source for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.

6)            CONTENT POSTED ON THE SERVICES. You understand and agree that we may at our sole discretion, review any content, communication, information, that is uploaded, published or displayed on THEFAMCLUB.COM and delete or refuse to take any content that violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties.

You are solely responsible for the Content that you post on the Site, or transmit to other Members or third parties. By posting Content to any area of the site, you automatically grant, and warrant that you have the right to grant, to THEFAMCLUB.COM an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

In addition, you agree and warrant that you have the right to post the content and you will not post any illegal or prohibited content.  You also agree that you will not infringe, misappropriate, violate or contravene any third party rights (including intellectual property rights).  THEFAMCLUB.COM reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

Specifically, you are not to post, submit, or display content that:

a)     promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;

b)     is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

c)     harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

d)     promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;

e)     promotes an illegal and/or unauthorized pirated copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;

f)       contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

g)     displays pornographic or sexually explicit material of any kind and in any form;

h)     provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

i)        provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

j)       solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;

k)      constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or otherwise violates the terms of this Agreement or creates liability for THEFAMCLUB.COM.

l)        You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.   

7)            HARRASSMENT.   Although THEFAMCLUB.COM cannot monitor the conduct of its Members outside of the Web Services, it is also a violation of these terms to use any information obtained from the THEFAMCLUB.COM to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.  In order to protect our Members from such advertising or solicitation, THEFAMCLUB.COM reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which THEFAMCLUB.COM deems appropriate in its sole discretion.

8)             YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.

9)            THEFAMCLUB.COM ARTIST(S) SERVICES. In connection with your registration on with THEFAMCLUB.COM as an Artist(s), you may have the opportunity to post music, audio, artwork, video, or other content (collectively, "Artist(s) Content") on areas of the Service. THEFAMCLUB.COM only permits and authorizes you to upload or post Artist(s) Content on the Site if you have the right to upload or Post such Artist(s) Content, have the right to grant the license in this Agreement to THEFAMCLUB.COM and all users of THEFAMCLUB.COM, and comply with all copyright, privacy, attribution, trademark, publicity, or other intellectual property or personal rights relating to such Artist(s) Content. If you post any Artist(s) content on the site in violation of the foregoing, your right to use the site and any other associated services will immediately cease and you agree to cease at that time any and all use of the Service, any associated services, and any use of THEFAMCLUB.COM or third party content available in connection with the Service or associated service. In addition to other remedies set forth in this Agreement THEFAMCLUB.COM will have the right to immediately terminate or suspend your account.

10)        COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. THEFAMCLUB.COM's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:

THEFAMCLUB.COM

copyrightagent@THEFAMCLUB.COM.com

Fax: 877-840-9083

11)        MEMBER DISPUTES. Your interactions with other Members in connection with THEFAMCLUB.COM or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. THEFAMCLUB.COM will not be responsible for any loss or damage incurred as the result of any such dealings due to a dispute between you and any third party (including, without limitation, any Member).

12)        THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Site. Because we do not control such Content, (a) you agree that we are not responsible for any such content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other members, advertisers, and other third parties.

13)        TERM. This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time, for any reason by first logging into your account, clicking on the “My Profile) Link and then clicking the “Suspend Account” link.  Once you’re suspended your account, send an email to administrator@thefamclub.com with the Message “Please Delete My Profile” in the subject line.  Your profile will then be permanently deleted within 48 hours.

The Company may terminate your membership, delete your profile and any content for any reason effective upon sending notice to you at the email address you provided profile or at membership registration or any other email address(es) as you may later provided to THEFAMCLUB.COM.  If THEFAMCLUB terminates your membership because you have breached the Agreement, including without limitation if it believes that you are under 13, you will not be entitled to a refund of any fees, if any.

12. RELEASE. To the extent permitted under applicable laws, you hereby release THEFAMCLUB.COM from any liability related to: (a) any incorrect or inaccurate content posted on the services, whether caused by any user of the services or member, or by any of the equipment or programming associated with or utilized in the services; (b) the conduct, whether online or offline, of any user of the services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.

13. DISCLAIMER.  The Service provided on THEFAMCLUB.COM are provided to you "AS IS" and "AS AVAILABLE." THEFAMCLUB.com does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Service, any products, merchandise, information or services provided through or advertised on the Service, or the accuracy or results obtained from the use of any products, merchandise, or information or services provided through or advertised on the Service. THEFAMCLUB.com does not guarantee or warrant that any files available for downloading through the Service will be free of infection by viruses or other code that may contain contaminating or destructive properties.  Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

14. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THEFAMCLUB.COM SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THEFAMCLUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEFAMCLUB.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO THEFAMCLUB.COM FOR THE SERVICES; AND (2) FIFTY U.S.DOLLARS (US$50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. U.S. EXPORT CONTROLS. Any software provided by THEFAMCLUB.COM through the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by the laws of the State of Georgia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and THEFAMCLUB.COM agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Conyers, Georgia (USA) and the federal courts located in the Northern District of Georgia (USA) in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, THEFAMCLUB.COM may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Georgia law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.

17. ELECTRONIC COMMUNICATIONS. The communications between you and THEFAMCLUB.COM use electronic means, whether you visit the Website or send us emails, or whether THEFAMCLUB.COM posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from THEFAMCLUB.COM in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that THEFAMCLUB.COM provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.

18. INDEMNITY. You agree to indemnify and hold THEFAMCLUB.COM, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

19. OTHER. This Agreement contains the entire agreement between you and THEFAMCLUB.COM regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of THEFAMCLUB.COM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

20. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2007, THEFAMCLUB.COM. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.