Terms of Use
TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE OR APP YOU AGREE TO THESE TERMS – PLEASE READ THEM
CAREFULLY
CAREFULLY
- Introduction: These Terms of Use for all Users govern your use of Fans4 and your agreement with us.
- Interpretation: In the Terms of Service:
- We refer to our website and application as "Fans4", including when accessed via the URL www.fans4.com, via any web browser or through any device on which you have installed our App;
- References to "we", "our", "us" are references to Fans4 Entertainment, LLC, the operator of Fans4;
- "Content" means any material uploaded to Fans4 by any User (whether a Fighter or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
- "Fighter" means a User who has set up their Fans4 account as a Fighter account to post Content on Fans4 to be viewed by other Users;
- "Fan" means a User who follows a Fighter and is able to view the Fighter's Content;
- "Fan Payment" means any and all payments made by a Fan to Fans4, including payments to subscribe to a Fighter's Content or to view other Content on Fans4;
- "Terms of Use" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Fighters, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) and Complaints Policy
- "User" means any user of Fans4, whether it is a Fighter or a Fan or both (also referred to as "you" or "your").
- Who we are and how to contact us: Fans4 is operated by Fans4 Entertainment, LLC. We are a limited liability company registered in Delaware. To contact us with any questions about Fans4, please email our support team at support@fans4.com.
- How we may change the Terms of Use: We may change any part of the Terms of Use without telling you beforehand in the following circumstances:
- To reflect changes in laws and regulatory requirements which apply to Fans4 and the services, features and programs of Fans4 where such changes require Fans4 to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
- To address an unforeseen and imminent danger related to defending Fans4, Fans or Fighters from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Use, and we will give you reasonable notice of such changes by email or through Fans4, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Use are in effect, you will be bound by them if you continue to use Fans4. - We may make changes to or suspend or withdraw Fans4: We may update and change Fans4 from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Fans4, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Fans4 for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
- Registering with Fans4: To use Fans4 you must first register and create a User account on Fans4. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Fans4 site for the composition of passwords. To register as a User:
- You must be at least 18 years old if you are a Fighter, and you will be required to confirm this;
- If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
- You must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you may not access or use Fans4. - Your commitments to us: When you register with and use Fans4, you make the following commitments to us:
- If you previously had an account with Fans4, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
- You will make sure that all information which you submit to us is truthful, accurate and complete.
- You will update promptly any of your information you have submitted to us as and when it changes.
- You consent to receiving communications from us electronically, including by emails and messages posted to your Fans4 account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
- You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@fans4.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer or mobile device so that others are not able to access, view or record your password or other personal information.
- You are responsible for all activity on your account even if, contrary to the Terms of Use, someone else uses your account.
- You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Use which apply to your use of Fans4.
- Rights we have, including to suspend or terminate your account:
- We can moderate or review any of your Content to verify compliance with the Terms of Use (including, in particular, our Acceptable Use Policy) and/or any applicable law.
- It is our policy to suspend access to any Content you post on Fans4 which we become aware may not comply with the Terms of Use (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@fans4.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
- We reserve the right in our sole discretion to terminate your agreement with us and your access to Fans4 for any reason by giving you 30 days’ notice by email or electronic message to your Fans4 account. We can also suspend access to your User account or terminate your agreement with us and your access to Fans4 immediately and without prior notice:
- If we think that you have or may have seriously or repeatedly breached any part of the Terms of Use (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Use in a way which has or could have serious consequences for us or another User; or
- If you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Fans4.
If we suspend access to your User account or terminate your agreement with us and your access to Fans4, we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Fighter Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Fighters. - Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Fans4 for you to be able to access your Content following termination of your account.
- We can investigate any suspected or alleged misuse, abuse, or unlawful use of Fans4 and cooperate with law enforcement agencies in such investigation.
- We can disclose any information or records in our possession or control about your use of Fans4 to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
- We can change the third-party payment providers that we use and if we do so, we will notify you.
- Other than Content (which is owned by or licensed to Fighters), all rights in and to Fans4 and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret and other intellectual property laws.
- We are the sole and exclusive owners of any and all anonymized data relating to your use of Fans4 and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
- What we are not responsible for: We will use reasonable care and skill in providing Fans4 to you, but there are certain things which we are not responsible for, as follows:
- We do not authorize or approve Content on Fans4, and views expressed by Fighters or Fans on Fans4 do not necessarily represent our views.
- We do not grant you any rights in relation to Content.
- Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content.
- Other than Content we produce, all Content is created, selected and provided by Users and not by us. We can review and/or moderate User Content, and we reserve the right to delete or modify the Content that is stored or transmitted via Fans4. We are under no obligation to detect breaches of the Terms of Use (including the Acceptable Use Policy).
- You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of Fans4 and that if you choose to do so, you do so entirely at your own risk.
- We make no promises or guarantees of any kind that Fighters will make a particular sum of money (or any money) from their use of Fans4.
- The materials which we make accessible on Fans4 for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
- We do not promise that Fans4 is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access Fans4. You should use your own virus protection software.
- We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Fans4.
- While we try to make sure that Fans4 is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Fighters.
- We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
- You acknowledge that once your Content is posted on Fans4, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Use or by third parties prior to the deletion of your account.
- Intellectual property rights – ownership and licenses:
- You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Fans4 is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
- You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Fans4. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate and create adaptations or derivative works of your Content, and otherwise deal in your Content.
- The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Fans4, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Fans4, as well as to use your Content for other normal operations of Fans4. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Use in the event of a sale of our company or its assets to a third party.
- While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
- You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Fans4. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
- Linking to and from Fans4:
- Links to Fans4:
- You may link to the Fans4 homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
- If you are a Fighter, when promoting your Fighter account, you must comply with our Terms of Use and the terms of service of any other website where you place a link to or otherwise promote your Fighter account. When promoting your Fighter account, you must not impersonate Fans4 or give the impression that your Fighter account is being promoted by us if this is not the case. You must not promote your Fans4 account by using Google Ads or any similar advertising platform or search engine advertising service.
- Links from Fans4: If Fans4 contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Fans4, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Deleting your account: If you want to delete your Fans4 account then you may do so in the Fans4 app under Account >> Settings >> Privacy >> Delete Account.
- If you are a Fan, the deletion of your account will take place within several working days following your request. However, if you have subscribed to a Fighter through your iOS device (not the Fans4 website), then you need to manually unsubscribe through your Apple settings.
- If you are a Fighter, the deletion of your account will remain open until the last day of your Fans’ paid subscription period in which you will receive your final payment and your account will be deleted.
- If you are both a Fan and a Fighter then you must clearly specify in your request which account to delete.
- Once your account has been deleted you won't be charged any further amounts or have access to your former Fans4 account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Fans4 for you to be able to access your Content following termination of your account.
- Responsibility for any loss or damage you suffer:
- Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
- If you are a consumer User: If you are a consumer User, you agree that:
- We and our subsidiary companies, employees, owners, representatives and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity or loss of anticipated savings suffered by you arising from or in connection with your use of Fans4.
- If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
- If you are a business User: If you are a business User, you agree that:
- We and our subsidiary companies, employees, owners, representatives and agents:
- Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Fans4 or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
- Are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Use or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Use, both we and you knew it might happen;
- Will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
- Your inability to use Fans4 or any of its services, features or programs; or
- Your use of or reliance on any content (including Content) stored on Fans4;
- Will not be liable to you for any:
- Loss of profits;
- Loss of sales, business or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation;
- Loss of data or information, including any Content; or
- Indirect or consequential loss or damage;
- Will be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Fans4 or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
- Will be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
- Will be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
- Will be liable to you for any failure or delay by us in complying with any part of the Terms of Use arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Use arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
- Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the greater of:
- 100% of the total fees paid by you to us in connection with your use of Fans4 for the prior twelve (12) months; and
- USD 1,000.
- General: You agree that:
- If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
- If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
- We reserve all rights not expressly granted to you.
- No implied licenses or other rights are granted to you in relation to any part of Fans4, save as expressly set out in the Terms of Use.
- Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Responsibility for any loss or damage you suffer may be enforced by our subsidiary companies, employees, owners, representatives and agents.
- You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
- Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
- The Terms of Use form the entire agreement between us and you regarding your access to and use of Fans4, and supersede any and all prior oral or written understandings or agreements between us and you.
- Terms relating to disputes: The law which applies to your agreement with us and where disputes and claims concerning Fans4 (including those arising from or relating to your agreement with us) can be brought is governed by the following:
- For consumers (Fans):
- Consumers - Law:
- If you are a consumer, your agreement with us is governed by and construed in accordance with the laws of the State of Delaware, and Delaware law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You may also be able to rely on mandatory rules of the law of the country where you live.
- Consumers - where claims must be brought:
- Any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of the State of Delaware.
- If you are a consumer resident outside of the United States (its territories and possessions), any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of the State of Delaware.
- For business Users (Fighters):
- Business Users – Law:
- If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by Delaware law, without regard to conflict of law provisions.
- Business Users - where claims must be brought:
- If you are a business User, you and we agree that the courts of the state of Delaware shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.
- Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Fans4 (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
- Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
- Terms of Use for Fans – which contain additional terms which apply if you use Fans4 as a Fan;
- Terms of Use for Fighters – which contain additional terms which apply if you use Fans4 as a Fighter;
- Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
- Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on Fans4; and
- Complaints Policy - which sets out the procedure for making a complaint about any aspect of Fans4, and how we will deal with that complaint.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 16(a) to (e) above, the Terms of Use for all Users will apply to the extent of the conflict. Last updated: June 2022
TERMS OF USE FOR FANS
BY USING OUR WEBSITE OR APP AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
- Introduction: These Terms of Use for Fans are additional terms which apply if you use Fans4 as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
- Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- "Subscription" means a Fan's monthly subscription to a Fighter’s account;
- “Ticket” shall include all forms of tickets to attend or view one of Fans4’s live events, whether general admission, assigned seating, tables, VIP access, or other, and whether the event is in the US or in any other jurisdiction;
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the US or any other jurisdiction.
- Other terms which will apply to your use of Fans4: The following terms will also apply to your use of Fans4 and you agree to them:
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can't do on Fans4;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Fans4, and how we will deal with that complaint.
- Other terms which may apply to your use of Fans4: The following additional terms may apply to your use of Fans4:
- If you are also a Fighter, the Terms of Use for Fighters will apply to your use of Fans4 as a Fighter;
- Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
- If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
- You are not barred from accessing Fans4 under any laws which apply to you.
- Content - general terms: In addition to the terms set out elsewhere in the Terms of Use (in particular, in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Fans4:
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Fans4:
- The Content complies in full with the Terms of Use (and in particular our Acceptable Use Policy);
- You either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
- If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Fans4.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Fans4. We are permitted to review and/or moderate Content, but we have no direct control over what your Content may comprise.
- Mature content: You acknowledge that you are aware that some of the Content on Fans4 contains graphic material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing graphic material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
- Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans4, Fans, and Fighters:
- To view a Fighter's Content, utilize the Fan interaction function on Fans4, purchase a ticket to a live event, and/or to view livestream and past events, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Fighter's profile.
- You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
- The payment provider will take monthly payments from your payment card for Fan Payments which are Subscriptions. You authorize and consent to each of these payments being debited using your supplied payment card details.
- All Subscriptions to a Fighter's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined or the subscription price has increased. This means that if you want to stop subscribing to a Fighter's account and stop paying continuing monthly subscription charges, you will need to cancel your Subscription to the relevant Fighter's account.
- If you cancel a Subscription you will continue to be permitted to view the relevant Fighter's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Fighter's profile, and you will no longer be able to view the relevant Fighter's Content.
- If you purchase a ticket to a live Fans4 event you understand and agree that the fight card is subject to change. All ticket sales are final. There are no refunds or exchanges. All ticket prices include sales tax and any other relevant taxes as defined in sub-section 2(b), above.
- You agree that you will not make unjustified requests for a refund from Fans4, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Fighter. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
- Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Use, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account. Last updated: June 2022
TERMS OF USE FOR FIGHTERS
BY USING OUR WEBSITE OR APP AS A FIGHTER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
- Introduction: These Terms of Use for Fighters are additional terms which apply if you use Fans4 as a Fighter (also referred to as "you" and "your" in these Terms of Use for Fighters). These Terms of Use for Fighters form part of your agreement with us.
- Interpretation: In these Terms of Use for Fighters, defined terms have the same meanings given to them in the Terms of Use for all Users and in the Terms of Use for Fans. In addition:
- "Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:
- The individual holds, directly or indirectly, more than 50% of the shares in the corporate entity;
- The individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity;
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the US or any other jurisdiction.
- Other terms which will apply to your use of Fans4: The following terms will also apply to your use of Fans4 and you agree to all of them:
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can’t do on Fans4; and
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Fans4, and how we will deal with that complaint.
- Other terms which may apply to your use of Fans4: The following additional terms may apply to your use of Fans4:
- If you are also a Fan, the Terms of Use for Fans will also apply to your use of Fans4 as a Fan.
- Fighter Earnings:
- Each Fighter will be paid two US Dollars per month per Fan that (for that month) has a paid subscription at a rate of less than $8.00 per month to that Fighter’s account and three US Dollars per month per Fan that (for that month) has a paid subscription at a rate of greater than $8.00 per month to that Fighter’s account. These payments are “Fighter Earnings”. Fighter earnings shall only accrue and be due and payable for any month in which Fighter has at least five (5) paying Fans. Each Fighter shall be exclusively and personally responsible for the payment of all Taxes due for their Fighter Earnings.
- Each Fighter will be paid 10% of the face value of all Tickets to live events when a Fan selects that Fighter as the “Referring Fighter” when making such purchases.
- Fighter shall provide all necessary information required by Fans4 to meet its 1099 and other tax reporting obligations.
- To set up your account as a Fighter account:
- You will need on your User account page to provide the information requested.
- You will need on your User account page to add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control.
- You will need on your User account page to select one of the available methods provided by Fans4 as to how your Fighter Earnings will be transferred to you.
- You may also need to submit additional information depending on the country where you live.
- We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Fighter account for any reason.
- You will then be able to start adding Content and Users will be able to subscribe to your Fighter account to become your Fans.
- If you lose access to your Fighter account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
- Agencies cannot be Fighters: Every Fighter is the owner of their own Fighter account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Fighter account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Use.
- Fighters who use corporate entities: If you set up a corporate entity to receive your Fighter Earnings, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Fighter Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control of that corporate entity. You agree that if you use a corporate entity to receive Fighter Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
- Content – general terms: In addition to the terms set out elsewhere in the Terms of Use (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fighter on Fans4:
- Your Content is not confidential, and you authorize your Fans to access and view your Content on Fans4 for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Fans4:
- The Content complies in full with the Terms of Use (and in particular our Acceptable Use Policy);
- You hold all rights necessary to license and deal in your Content on Fans4, including in each territory where you have Fans and in the United States of America;
- You either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
- If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Fans4; and
- The Content is:
- of satisfactory quality, taking account of any statement or representation which you make about the nature of the Content on your account or in any advertising;
- reasonably suitable for Fans4; and
- as described by you.
- If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Fans4; and
- You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Fans4. We are permitted to review and/or moderate Content, but we have no direct control over what your Content may comprise.
- You also agree to act as custodian of records for the Content that you upload to Fans4.
- Co-authored Content:
- If you upload Content to your Fighter account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
- Has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- Has consented to the Co-Authored Content in which he or she appears being posted on Fans4.
- You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Fighter on Fans4.
- If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Fans4.
- You agree that we will only pay out Fighter Earnings to the account of the Fighter to which the Co-Authored Content is uploaded. The Fighter who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Fighters shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Fighters, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Fighter Earnings earned on any Co-Authored Content in which you appear but which is posted on another Fighter’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Fighter, terminate your account and/or withhold all or any portion of Fighter Earnings earned but not yet paid out to you.
- You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Fighter(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).
- Payouts to Fighters:
- All Fan Payments will be received through the applicable third-party payment providers. For iOS users, payments are received by Apple’s in-App payment mechanism. For all other users, payments are received by Stripe, a third-party payment provider approved by us.
- We will ensure that Stripe, acting as our payment provider, will collect the Fan Payment and pay the Fighter Earnings to your bank account or the bank account of a corporate entity in which you are a Person with Majority Control (see section 8 above).
- Your Fans4 account will be updated within a reasonable time with your Fighter Earnings. Your Fighter Earnings will become available for withdrawal by you from your Fans4 account once such Fighter Earnings appear in your Fans4 account.
- The amount that you see in your ‘Finances’ in your Fans4 account is your Fighter Earnings at the relevant time. All Fan Payments and Fighter Earnings are transacted in USD only. If you have chosen the Stripe Payout Option then the Fan Payments and Fighter Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we are not responsible for paying any charges imposed by your bank or your e-wallet company.
- If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment, we may investigate and may decide to deduct from your account an amount equal to the Fighter Earnings earned by you on the charged-back or refunded amount.
- We do not store any data disclosed by you when you register your Bank Account with Stripe.
- Circumstances in which we may withhold Fighter Earnings:
- We may withhold all or any part of the Fighter Earnings due to you but not yet paid out:
- If we think that you have or may have seriously or repeatedly breached any part of the Terms of Use;
- If you attempt or threaten to breach any part of the Terms of Use in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- If we suspect that all or any part of the Fighter Earnings result from unlawful activity, either by you or by the Fan who made the Fan Payment resulting in the Fighter Earnings; or
- If you do not provide the information required by Fans4 to meet its 1099 and other tax reporting obligations.
Fighter Earnings may be withheld for as long as is necessary until you provide the information required for Fans4 to meet its 1099 and other tax reporting obligations, or to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Use; (ii) you have attempted or threatened to breach any part of the Terms of Use in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Fighter Earnings result from unlawful activity, we may notify you that you have forfeited your Fighter Earnings. - We shall not have any responsibility to you if we withhold or forfeit any of your Fighter Earnings where we have a right to do so under these Terms of Use for Fighters.
- If we are withholding all or any part of the Fighter Earnings due to you and we determine that part of the Fighter Earnings withheld by us is unrelated to breaches by you of the Terms of Use or suspected unlawful activity, then we may pay to you the part of the Fighter Earnings which we determine to be unrelated to breaches by you of the Terms of Use or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Use has or may cause us loss, we may withhold all Fighter Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
- If, once we have finished our investigation, we determine that Fighter Earnings are forfeited, we will use our best efforts to return any Fan Payments which resulted in forfeited Fighter Earnings to the relevant Fans who paid such Fan Payments.
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE OR APP YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of Fans4 and all Content on Fans4 and forms part of your agreement with us. This Policy sets out what is and is not permitted on Fans4.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
This Policy applies to your use of Fans4 and all Content on Fans4 and forms part of your agreement with us. This Policy sets out what is and is not permitted on Fans4.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
- Do not use Fans4 except for your own personal use and do not sell, rent, transfer or share your account or any Content obtained from your use of Fans4 to or with anyone else.
- Only use Fans4 in a manner and for a purpose that is lawful.
- Do not upload, post, display or publish Content on Fans4 that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, sexually explicit and implicit, or which encourages or promotes violence or any illegal activity.
- Do not use Fans4 in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
- Do not upload, post, display or publish Content on Fans4 that:
- Shows, includes or refers to:
- Any individual under 18 years old (or which refers to individuals under 18 years old generally); or
- Any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
- Shows, promotes, advertises or refers to:
- Pornography;
- Firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- Drugs or drug paraphernalia; or
- Self-harm or suicide.
- Contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
- Contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Fans4 including passwords and security questions, financial information including bank account and credit card details, biometric data and medical records) without that person's express written consent;
- Gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
- Causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
- Is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
- Involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
- Do not use Fans4 to stalk, bully, abuse, harass, threaten or intimidate anyone else.
- Do not use Fans4 to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
- Respect the intellectual property rights of Fighters, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
- Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information and goodwill), personality rights, unfair competition, privacy, and data protection rights.
- Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
- Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
- Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Fighter's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
- Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
- Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
- Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Use.
- Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
- Do not decompile, disassemble, reverse engineer or otherwise attempt to discover or derive the source code of Fans4.
- Do not use Fans4 in a way that could adversely affect our systems or security or interfere with any other User’s use of Fans4, including their ability to engage in real time activities through Fans4.
- Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders and automated scripts) to access Fans4 or any server, network or system associated with Fans4, or to extract, scrape, collect, harvest or gather Content or information from Fans4.
- Do not use the Fans4 name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Use or with our prior written agreement.
- We can moderate or review any of your Content to verify compliance with our Acceptable Use Policy and/or any applicable law, and we reserve the right to select or modify the Content that is stored or transmitted via Fans4, as described in our Terms of Use for all Users.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Use.
Last updated: June 2022
Last updated: June 2022
COMPLAINTS POLICY
- Introduction: This document set out our complaints policy. If you are a User of Fans4, this Complaints Policy forms part of your agreement with us.
- Who we are and how to contact us: Fans4 is operated by Fans4 Entertainment, LLC. We are a limited liability company registered in Delaware.
- Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users
- Who can use this Complaints Policy: Whether or not you are a User of Fans4, you can use this Complaints Policy to alert us to any complaint which you have relating to Fans4.
- How to make a complaint: If you have a complaint about Fans4 (including any complaint about Content appearing on Fans4 or the conduct of a User), please send your complaint to support@fans4.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, for a clear description of the Content to which your complaint relates.
- How we will deal with your complaint: Following receipt of your complaint under section 5 above:
- We will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
- If we require further information or documents from you, we will contact you to let you know;
- We will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on Fans4 and we are satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to review your claim and the content, and, if appropriate, remove such Content and/or block abusive Users from the service.
- We are not obligated to inform you of the outcome of your complaint.
- Unjustified or abusive complaints: If you are a User of Fans4, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
Last updated: June 2022