Terms and Conditions (“Terms”)
Last updated: May 25, 2018
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.
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.
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.
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
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.
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.
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.
Except when required by law, paid Subscription fees are non-refundable.
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.
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.
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.
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.
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 Support@fanhero.com, 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 Support@fanhero.com
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 FanHero.
FanHero has no control over, and assumes 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 FanHero 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.
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.
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.
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.
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.
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.
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.
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.
If you have any questions about these Terms, please contact us.