Terms and Conditions (“Terms”)
Last updated: October 18, 2023
The FanHero website currently located at fanhero.com, and the subdomains
thereof, as well as our databases, our social media channels and all of
the mobile applications created using FanHero technology and/or maintained
by FanHero on which these Terms and Conditions are posted (collectively,
the "FanHero Network") are made available by FanHero, LLC ("FanHero") on
behalf of itself and each of its clients (collectively, "we" or "us" or
"our"). These Terms and Conditions set forth the rights and obligations
between you and us regarding your use of the FanHero Network and our
various online services and applications provided by FanHero through the
FanHero Network (the "Services").
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”)
carefully before using the Services. Your access to and use of the Services
is conditioned upon your acceptance of and compliance with these Terms. These
Terms apply to all visitors, users and others who access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Services.
For EU Citizens and Residents
The Services are offered globally. FanHero is committed to adhering to all applicable regulations governing your use of the Services. If you are a citizen or resident in the European Union, your use of the Services is subject to the General Data Protection Regulations of the European Union (“GDPR”) that became effective in May 2018. Your personal data belongs to you and you have the right to allow us to use that data to enhance your experience and offer appropriate advertising or not. If you decide not to give us permission to use your personal data or you revoke your permission in the future, we will remove your personal data from our database and you will be unable to continue to use the Services.
Communications
By creating an Account on the FanHero Network, you agree to subscribe to newsletters, marketing, SMS texts, push notifications or promotional materials and other information we may send. However, in the case of email notices, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Services (“Purchase”),
you may be asked to supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card, your billing address,
and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you supply to us is true,
correct and complete.
The Services may employ the use of third-party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right to provide the information
to these third-parties subject to our Privacy Policy.
We reserve the right to refuse or cancel any Purchase at any time for reasons including but not limited to:
product or service availability, errors in the description or price of the product or service, error in your
order, unauthorized use or any payment method, or other reasons.
We reserve the right to refuse or cancel any Purchase if fraud or an unauthorized or illegal transaction
is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings available through the Services. We may experience
delays in updating information on the Services and in our advertising on third-party channels or websites.
The information provided on the Services may contain errors or inaccuracies and may not be complete or current.
Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy
or completeness of any information provided on the Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions
at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by laws, rules and regulations that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Subscriptions
Some offerings of the Services are billed on a subscription basis (“Subscription(s)”). If you elect to participate
in one or more Subscriptions, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”).
Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under unless you cancel it or FanHero
cancels it. You may cancel your Subscription renewal either through the appropriate account management page offered
via the FanHero Network or by contacting the FanHero customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide
FanHero, or any authorized third-party (such as Apple Inc. or Google LLC), with accurate and complete billing information
as required to enable a valid payment method. By submitting such payment information, you automatically authorize FanHero
or such third-party to charge all Subscription fees incurred through your account.
Free Trial
FanHero may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged until such Free Trial
has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, FanHero reserves the right to (i) modify the terms and conditions of a Free Trial offer,
or (ii) cancel such Free Trial offer.
Fee Changes
FanHero, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription
fee change will become effective at the end of the then-current Billing Cycle.
FanHero will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity
to terminate your Subscription before such change becomes effective.
Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to
pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Content
Our Services allow you to post, link, store, share and otherwise make available certain information,
text, graphics, videos, or other material (“Content”). You are responsible for the Content that you
post on or through the Services, including its legality, reliability, and appropriateness.
By posting Content on or through the Services, you represent and warrant that: (i) the Content is
yours (you own it) and/or you have the right to use it and the right to grant us the rights and license
as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not
violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person
or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or
otherwise in violation of the Terms or any applicable laws, rules or regulations.
By posting Content on or through the Services, you consent to our ability to edit or remove your Content
for any reason that we deem necessary, including our learning that you are in violation of any of the Terms
or upon the request of our client or any interested third-party.
You retain any and all of your rights to any Content you submit, post or display on or through the Services
and you are responsible for protecting those rights. We take no responsibility and assume no liability for
Content you or any third-party posts on or through the Services. However, by posting Content using the Services
you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute
such Content on and through the Services at our discretion. You agree that this license includes the right for us
to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
FanHero has the right but not the obligation to monitor and edit all Content provided by users. >br />
In addition, Content found on or through the Services are the property of FanHero or provided with permission
of the Content owner. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content,
whether in whole or in part, for commercial purposes or for personal gain, without our prior written permission.
Advertising
By using the Services, you acknowledge and consent to receiving advertising in various formats. Advertising may take the form of banners, videos, links, and Communications (see the section above). Advertising may include messages, videos and other content created by us or by third-parties. While we endeavor to tailor advertising to match your interests, there is no guarantee that any advertising will be of interest to you.
Accounts
When you create an account with us, you guarantee that you either i) are age 13 or older (16 or older in certain regions);
or ii) you have followed the procedures set forth on the FanHero Network to obtain parental consent and such parental
consent is accurate, truthful and ongoing. Further, you attest that the information you provide us is accurate, complete,
and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your
account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the
restriction of access to your computer, device and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether your password is with our Services or
a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use or a
name or trademark that is subject to any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that
Content posted on the Services infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work
has been copied in a way that constitutes copyright infringement, please submit your claim via email
to [email protected], with the subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure
for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or through the Services on your
copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a 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.
You can contact our Copyright Agent via email at [email protected]
Intellectual Property
The Services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FanHero.
Links to Other Web Sites
Our Services may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. In addition, you may delete your account at any time using the tools available on the FanHero Network. See our Privacy Policy for more details.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless FanHero and its licensee and licensors, and their clients, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
Limitation of Liability
In no event shall FanHero, nor its clients, directors, employees, owners, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third-party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS
AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance.
FanHero, its subsidiaries, owners, affiliates, and its licensors do not warrant that a) the Services will
function uninterrupted, secure or available at any particular time or location; b) any errors or defects
will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of
using the Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of the state of Florida, United States of America, without regard
to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not
be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between you and us regarding the
Services and supersede and replace any prior agreements we might have
had between you and us regarding the Services.
Changes
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material, we may provide
notice to you of such change. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use the Services after any revisions become
effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the
Services.
Contact Us
If you have any questions about these Terms, please contact us .