Terms of Service

Basic Terms

You must be at least 13 years old to use myFanPark’s service (the “Service”).  You must be at least 18 years old to use myFanPark’s commercial use (“Commercial Use”) functionality, unless a parent or legal guardian provides written consent.  If you are under the age of 18, you may only purchase Products or Services (as defined hereunder) with the permission of a parent or guardian. 

You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, art, profiles, audio clips, video clips, audio and video clips, sounds, musical works, works of authorship, applications, usernames, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

You may not post unlawful, hateful, discriminatory, violent, invasive of privacy, infringing, libelous, nude, partially nude, pornographic, or sexually suggestive Content via the Service.

You must not defame, stalk, bully, abuse, harass, threaten, or intimidate people or entities via the Service.

You must not post private or confidential information or Content via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You are responsible for any activity that occurs through your account, including the use of the account by any third-party authorized by you.  You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, myFanPark prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to myFanPark upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You must comply with myFanPark's community guidelines and policies.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other myFanPark terms.

You agree that you will not solicit, collect or use the login credentials of other myFanPark users.

You are responsible for keeping your password secret and secure.  You must notify myFanPark of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.  myFanPark reserves the right to disclose any personal information included in your account or related to your use of the myFanPark Platforms (as hereinafter defined) to third-parties in the course of investigating abuse of our Platforms and/or Products and Services and to forward such information to appropriate law enforcement agencies. 

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or myFanPark.

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any myFanPark users.  You must not create or submit Content that consists of or contains software viruses, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. myFanPark reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content.

You must not use domain names or web URLs in your username without prior written consent from myFanPark.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any myFanPark page is rendered or displayed in a user's browser or device.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Violation of these Terms of Service may, in myFanPark's sole discretion, result in termination of your myFanPark account. You understand and agree that myFanPark cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for myFanPark, we can stop providing all or part of the Service to you.

 

General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your myFanPark account by sending an email to: support@myfanpark.com. If we terminate your access to the Service or you deactivate your account, your profile, videos, photos, audio, comments, and all other data and Content will no longer be accessible through your account, but may persist and appear within the Service (e.g., if your Content has been re-shared by others).

Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right, in our sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

We reserve the right to force forfeiture of any username or URL for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that myFanPark is not responsible or liable for the conduct of any user.

myFanPark reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you request, submit, or post Content or any personal or other information.

Except as otherwise permitted under this Agreement or with our express permission you may not copy, display, distribute, or otherwise use individual elements of Content (e.g., edits of videos or audio, or sections of text), or remove any watermarking or attributive text generated in connection with the Content.

We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user page, user profiles, photos, and videos (except as may be the result of standard search engine protocols or technologies used by a search engine with myFanPark's express consent).

There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. myFanPark does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that myFanPark is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if myFanPark has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold myFanPark harmless for activity related to the Application.

You agree that you are responsible for all data charges you incur through use of the Service.

myFanPark does not provide refunds for Content that are not delivered due to technical issues for which myFanPark is not responsible (e.g., a user’s poor Internet connection).

 

Rights

myFanPark does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to myFanPark a perpetual, irrevocable, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available at https://myfanpark.com/privacy-policy.  You grant myFanPark and sub-licensees the right to use the name and other information that you post in connection with such Content, if they choose. 

When posting Content through the service to request Content from a Content Provider (“Talent”), you hereby grant to the Talent a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available at  https://myfanpark.com/privacy-policy.  You grant the Talent the right to use the name, other information, and Content that you post in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify myFanPark for all claims resulting from Content you supply. myFanPark has the right but not the obligation to monitor and edit or remove any activity or Content. myFanPark takes no responsibility and assumes no liability for any Content posted by you or any third party.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; (iv) that the Content is accurate; (v) that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; (vi) that you will indemnify myFanPark for all claims resulting from Content you supply; and (vii) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

You agree that myFanPark is not responsible for, and does not endorse, Content posted within the Service. myFanPark does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that myFanPark may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

The Service contains content owned or licensed by myFanPark ("myFanPark Content"). myFanPark Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and myFanPark, myFanPark owns and retains all rights in the myFanPark Content and the Service. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of myFanPark and is protected by United States and international copyright laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the myFanPark Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the myFanPark Content or Materials. Any unauthorized use of text or images may violate United States and international copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither myFanPark nor its affiliates warrant or represent that your use of any Content or Services will not infringe rights of third parties.

The myFanPark name and logo are trademarks of myFanPark, and may not be copied, imitated or used, in whole or in part, without the prior written permission of myFanPark, except in accordance with our brand guidelines, which you can request by emailing us at support@myfanpark.com. In addition, all page headers, custom graphics, button icons and scripts, product names, and the domain name for myFanPark are service marks, trademarks and/or trade dress of myFanPark, and may not be copied, imitated or used, in whole or in part, without prior written permission from myFanPark.

Although it is myFanPark's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

myFanPark reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by myFanPark, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, myFanPark encourages you to maintain your own backup of your Content. In other words, myFanPark is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. myFanPark will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Any information you transmit to myFanPark that is not payment or financial information, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of myFanPark. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. myFanPark shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to myFanPark by any other means for any purpose whatsoever, including, but not limited to, developing and marketing Products and Services using such information.

Except as otherwise described in the Service's Privacy Policy, available at https://about.myFanPark.com/privacy-policy/ as between you and myFanPark, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with myFanPark is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place myFanPark in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of myFanPark, and myFanPark will not be liable for any use or disclosure of any Content you provide.

It is myFanPark's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, myFanPark does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that myFanPark is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing Products and Services, without any liability or payment of any kind to you.

 

Social Distribution

myFanPark grants you the limited, revocable permission, subject to the restrictions in this Agreement, to engage in the following personal uses of Content received as part of myFanPark’s services that include the ability to share Content with others ("Social Distribution"): (a) sending Content to friends or acquaintances or posting and displaying a copy of Content on a personal, non-commercial website, provided that you do not charge for access to the Content or associate those Content with advertising; or (b) posting and displaying a copy of the Content on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website's terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising.  If you purchase Content through myFanPark’s Commercial Use functionality, the non-commercial restrictions in (a) above may or may not apply, as agreed to on a specific case-by-case basis with the individual Content Providers (the Talent) of the Content.  Even if you believe you have certain rights to use Content, you should ensure that you have the appropriate rights to use such Content for commercial purposes. myFanPark cannot, and does not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content, you should consult an attorney.   If you breach any of the provisions of the Terms of Service, the permissions granted in these Terms of Service are terminated.

If you engage in Social Distribution, you agree that you will not post any performance claims about a myFanPark product or service through your Social Distribution and that only myFanPark may make claims, promises or statements on behalf of myFanPark about its Products and Services. You also agree that you will not imply that you and myFanPark or any myFanPark brand are affiliated in any way or that myFanPark approves of your Social Distribution. Except as otherwise permitted by this Agreement, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Content. myFanPark may, and reserves the right to, revoke myFanPark's permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Content.

 

Social Features

You may choose, at your sole and absolute discretion and risk, to use applications or other functionality that enable interactions between myFanPark and/or the Service and/or its platforms and/or its Products and Services (collectively, “myFanPark Platforms”), and a third-party website or online service (each, an "Application"), such as linking your profile on any of the myFanPark Platforms with a third-party website or enabling you to "like" a product or "share" Content on other websites. Such Applications may interact with, connect to or gather and/or pull information from and to your profile on the myFanPark Platforms. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your myFanPark accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if myFanPark has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold myFanPark harmless for the sharing of information relating to your myFanPark accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.

 

Mobile Features

myFanPark may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload Content to myFanPark Platforms, view Content on the myFanPark Platforms, receive messages (e.g., SMS and MMS messages, in-App messages, and on-device notifications) from the myFanPark Platforms, download applications to your mobile phone or device, or access myFanPark Platforms features (collectively, the "Mobile Features"). We may charge you for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you have registered for Mobile Features, you agree that we may send communications to your mobile device regarding myFanPark, or other parties, and collect information related to your use of the Mobile Features. You agree to notify us of any changes to your mobile number and update your account(s) on the myFanPark Platforms to reflect any such changes. If you receive SMS or MMS messages from myFanPark or one of the myFanPark Platforms, you may opt-out of such messages by texting "STOP" to the applicable short code for the mobile feature. You may also text "HELP" or contact us for support.

In addition to the other restrictions and limitations contained in this Agreement, myFanPark is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of electronic messages or videos via the Mobile Features as a result of any technical issues. For example, myFanPark is not responsible if your electronic message or video is not delivered because:

  • the recipient declines delivery;
  • the recipient uses an unsupported carrier;
  • the recipient's mobile device or computer cannot display video messages;
  • the recipient's plan does not provide for video messaging;
  • the recipient's carrier is unable to deliver messages to the recipient;
  • the recipient's network connection is interrupted during message delivery; or
  • either your or the recipient's carrier does not support video messaging.

There may be other reasons for a delivery failure as well. myFanPark does not provide refunds for Content that are not delivered due to technical issues for which myFanPark is not responsible.

If you sign up to receive promotional or marketing text messages (including SMS and MMS messages) from us, you acknowledge and agree that we may send such messages using an auto-dialer to the number you provide. You acknowledge and agree that you are not required to receive our text messages, and that you are not required to agree to receive text messages as a condition of purchasing any property, goods, or services.

If myFanPark provides functionality for you to send Content via text or direct message (including through the use of SMS, MMS, and other direct message technologies) and you send such a text or direct message, you represent and warrant that you have the consent of the recipient to send that text or direct message. You further acknowledge and agree that, as between you and myFanPark, you are the sender of such Content and myFanPark acts merely as a delivery agent.

 

Purchase of Products and Services

Some of the features of the myFanPark Platforms, including but not limited to the purchase of audio, video, other digital products, personalized experiences, services, products, memberships and subscriptions (collectively, "Products and Services"), and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services, unless that specific Product and Service was purchased using the Commercial Use functionality, and only then as agreed in writing by the provider of the specific Product and Service. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services for commercial advertising or mass mailings of any kind unless the specific Product and Service was purchased using the Commercial Use functionality, and only then as agreed in writing by the provider of the specific Product and Service.  Even if you believe you have certain rights to use Products and Services, you should ensure that you have the appropriate rights to use such Products and Services for commercial purposes. myFanPark cannot, and does not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Products and Services, you should consult an attorney. myFanPark may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability. Once you download a digital product from the myFanPark Platform, it is your responsibility not to lose, destroy or damage it.

You understand that the Products and Services and/or Content we provide on the myFanPark Platforms is subject to change at any time, and that Products and Services and/or Content may be added or removed at myFanPark's discretion. Such changes may include, among other things: the addition or removal of Products and Services and/or Content, the requirement that you pay to have access to certain Products and Services and/or Content, and Products and Services and/or Content that you have previously paid for being made available at no charge. We make reasonable efforts to accurately display the attributes of our products. The inclusion of any Products and Services on myFanPark Platforms at a particular time does not imply or warrant that these Products and Services will be available at any time.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our site. By placing an order, you represent that the Products and Services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or Service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Product or Service.

 

Payment of Fees and Charges

If you purchase Content, Products, and/or Services, you must provide a method of payment to myFanPark, such as a credit card account number or a checking account number. myFanPark will charge or debit the purchase price to your method of payment. Any service fee charges are non-refundable. In no event will myFanPark be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.

You agree that you will pay all fees and charges that may be accrued by or in connection with your account. myFanPark reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your account. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Billing and payment typically occur at the time of purchase. Rates may change at any time. Verification of information applicable to a purchase may be required prior to our acceptance of any order. myFanPark does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services or promotional offerings are final and non-refundable.  All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the account. No customers are eligible for tax exemptions for purchases made on this site.

If you purchase Products and/or Services through an App Platform, the App Platform will process your payment, subject to its own privacy policy and terms of use. For such purchases, we do not receive your credit or debit card data or other payment account details. We may share information with the app store about your purchase and the delivery of the Products and Services for the purposes of confirming your purchase and successful delivery, resolving your questions or complaints, or authorizing a refund.

Transactions are typically in U.S. dollars (“USD”) unless otherwise specified at point of purchase, and will accordingly be affected by the exchange rate applicable to your local currency on the date upon which payment is made.

 

Additional Terms of Sale

Excluding Content purchased through an Apple app platform, if a request for Content cannot be or has not been fulfilled within the time frame posted on the listing, myFanPark will make a refund for the initial amount charged for that Content to the requestor.

If a request for Content is fulfilled by a Content provider (Talent) but myFanPark is not successfully paid, or paid only in part, by the requestor due to refunds, charge-backs, disputes, fraud, discounts, promotions, or other events which caused myFanPark to not retain payment (in whole or in part) for the transaction, myFanPark will only pay the Content provider (Talent) based on the amount myFanPark successfully collected.

In the event of payment disputes, myFanPark reserves the final rights on decision making. We will make reasonable efforts to achieve customer satisfaction.

 

Irreparable Harm

If you purchase a personalized experience, Product, or Service from a Content provider on the site (“Talent”), you agree and acknowledge that myFanPark and/or the Talent will suffer irreparable harm if you use the Service to directly, or indirectly, get the Talent to post unlawful, hateful, discriminatory, violent, invasive of privacy, infringing, libelous, nude, partially nude, pornographic, sexually suggestive, defamatory, abusive, harassing, threatening, tortious, or racially, ethnically or otherwise objectionable Content.  You further agree and acknowledge that myFanPark shall be entitled, in addition to any other right and remedy it may have, at law or equity, to an injunction enjoining and restraining you from continuing to post or distribute such Content without the necessity of myFanPark and/or the Talent posting a bond. Moreover, you agree that any award of injunctive relief shall not preclude myFanPark from automatically charging your payment method on file for initial compensatory damages equal to a minimum of 10 times the cost of your booking, which in no case shall be less than Five Thousand Dollars ($5,000).  This shall not preclude myFanPark and/or the Talent from seeking additional compensatory damages.


 

Third-party Links, Advertisements and Products

myFanPark may feature on the myFanPark Platforms, in its newsletters, or in other communications to you, links to third-party websites, social media platforms, or other services. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. Accordingly, you expressly acknowledge and agree that we are in no way affiliated with such third-party sites or otherwise responsible or liable for your use of any such third-party sites or online features. Your use of such services is subject to the terms and conditions established by such third-parties. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY THIRD-PARTY LINKS (COLLECTIVELY, "THIRD-PARTY PRODUCTS") ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH MYFANPARK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MYFANPARK IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF THIRD PARTY SITES OR YOUR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE MYFANPARK PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING (IF APPLICABLE) IN-APP PURCHASES, GIFT CARDS AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY AND MYFANPARK IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. MYFANPARK WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY.

There may be circumstances where access to the myFanPark Platforms is provided by a link located at another website. Neither myFanPark nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites and neither myFanPark nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither myFanPark nor its affiliates endorses the individuals, companies, or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to the myFanPark Platforms.

 

Photos, Videos & Other Media Limitations

The myFanPark Platforms may not be used as a media storage service. We cannot guarantee the availability of media storage, or of the quality or resolution of any media saved on the myFanPark Platforms. Additionally, we may reduce the size or resolution of any Content you submit or receive on the myFanPark Platforms in order to make them compatible with our systems and processes.

 

Widgets

The myFanPark Platforms may provide certain Content that you may choose to include on your personal web page, blog, page on a social networking site, or similar page ("Personal Page") by pasting into your Personal Page the HTML or other code provided by myFanPark and labeled as embed code (or a similar identifying label) ("Widget"). myFanPark grants you a limited, revocable license, subject to the restrictions in this Agreement, to include the Widget, as provided by myFanPark (without editing) on your Personal Page only. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is unlawful, hateful, discriminatory, violent, invasive of privacy, infringing, libelous, nude, partially nude, pornographic, sexually suggestive, defamatory, abusive, harassing, threatening, tortious, or racially, ethnically or otherwise objectionable (in myFanPark's sole opinion). As described in the "Disclaimer of Warranties" section of this Agreement, myFanPark makes no specific warranties about Widgets. myFanPark may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, myFanPark may disable Widgets that you include on any Personal Page if you violate this Agreement (as determined by myFanPark in its sole discretion) or for any or no reason, without any liability to you. You agree that myFanPark's license grant to you to use a Widget on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the Content made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the content made available in a Widget, in whole or in part, without the express written consent of myFanPark. You agree to include, and not remove or alter, myFanPark's trademark, copyright or other proprietary rights notices, as provided by myFanPark on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by myFanPark to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all content provided through the Widget are subject to this Agreement in their entirety.

 

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, 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):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at 1049 El Monte Avenue, Suite 74C, Mountain View, CA, 94040. Email: DMCA@myfanpark.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to myFanPark customer service through support@myfanpark.com.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

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Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, myFanPark may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at myFanPark's sole discretion.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYFANPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE THEREOF. MYFANPARK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS AND SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS AND SERVICES. MYFANPARK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYFANPARK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

IN NO EVENT SHALL MYFANPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PRODUCTS AND SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS AND SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MYFANPARK SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by myFanPark from its facilities in the United States of America. myFanPark makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless myFanPark, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Products and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Products and Services.

 

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13 years of age.

 

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by myFanPark without restriction.

 

General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over myFanPark, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and myFanPark that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.

These Terms of Service, together with the Privacy Notice at https://about.myFanPark.com/privacy-policy/ and any other legal notices published by myFanPark on the Service, shall constitute the entire agreement between you and myFanPark concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and myFanPark's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. myFanPark reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MYFANPARK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Arbitration Terms and Conditions

(1) Except as provided in these Terms of Service, myFanPark and you agree to exclusively arbitrate all disputes and claims between us other than those based on any intellectual property right, title or interest whatsoever, including claims of infringement, directly or indirectly related to any and all myFanPark’ products, components of, or materials in myFanPark Products and Services. In all other respects, these terms pursuant to which you agree to arbitrate disputes are intended to be broadly interpreted. These terms include, but are not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before these terms or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
  • claims that may arise after termination of these Terms of Service;
  • claims challenging the validity of these Terms of Service including, without limitation, those based on unconscionability, duress and fraud.

References to “myFanPark,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under these Terms of Service or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. These terms do not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by agreeing to these Terms of Service (or accepting these Terms of Service by your use of myFanPark Products or Services), you and myFanPark are each waiving the right to a trial by jury or to participate in a representative or class action in a court of law and any arbitration proceeding. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of these Terms. These arbitration terms shall survive termination of these Terms.

(2) A party who intends to seek arbitration must first send to the other, by certified mail, nationally recognized overnight courier (such as Federal Express), or email (with delivery receipt requested), a written Notice of Dispute (“Notice”). The Notice to myFanPark should be addressed to: (i) General Counsel, myFanPark, 1049 El Monte Avenue, Suite 74C, Mountain View, CA, 94040 if by certified mail or overnight courier, or (ii) General Counsel at legal@myFanPark.com if by email (“Notice Address”). [NOTE:  If there is no General Counsel, include the appropriate officer and contact information.] The Notice must be submitted within one (1) year of the earlier of (i) the date the claim or dispute actually arose, or (ii) the date you knew, or reasonably should have known, of the basis, grounds, events or circumstances giving rise to the claim or dispute. If myFanPark does not receive the Notice within the one (1) year period required, any right you have to arbitrate your claim or dispute will be null and void and any request to arbitrate or litigate shall be dismissed with prejudice by an arbitrator or court of competent jurisdiction. The Notice must (a) describe the nature and basis of the claim or dispute and the date on which it occurred or you became aware of it; and (b) set forth the specific relief sought (“Demand”). Otherwise, if you timely submit a Notice but myFanPark and you are unable to reach an agreement to resolve the claim within 30 days after the Notice is received, you or myFanPark may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by myFanPark or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or myFanPark is entitled.

(3) If you choose to initiate arbitration, you are responsible for paying your portion of the filing fee which is currently $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are financially unable to pay this fee, you may request myFanPark pay the initial filing fee on your behalf by written request at the Notice Address. If you are determined to be the prevailing party in arbitration, the amount of the filing fee will be deducted by the arbitrator from any amounts awarded to you. If myFanPark is determined to be the prevailing party, such amount will be due and payable to myFanPark along with any other amounts awarded by the arbitrator. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of these Terms and intellectual property matters as indicated above are for the court to decide. Unless myFanPark and you agree otherwise, any arbitration hearings for claims of $10,000 or less, will be conducted solely on the basis of (i) documents submitted to the arbitrator, or (ii) through a telephonic hearing. If your claim exceeds $10,000, the right to an in-person hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, the parties will initially split the cost of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse myFanPark for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(4) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses, including reasonable attorneys’ fees and costs, at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues an award to you, the arbitrator may include in the award reimbursement of all or a portion of those fees and expenses which you directly incurred in connection with the pursuit of your claim as the arbitrator deems appropriate, including reasonable attorneys’ fees and expenses, and myFanPark shall pay such award, subject to any rights to appeal myFanPark may pursue in accordance with applicable law or the AAA Rules. If, after finding in myFanPark’s favor in any respect on the merits of your claim, the arbitrator issues an award to myFanPark, the arbitrator may include in the award reimbursement of all or a portion of those fees and expenses which myFanPark directly incurred in connection with your claim as the arbitrator deems appropriate, including reasonable attorneys’ fees and expenses, and you shall pay such award, subject to any rights to appeal you may pursue in accordance with applicable law or the AAA Rules.

(5) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MYFANPARK AGREE THAT NEITHER PARTY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM OR DISPUTE AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If this specific provision is found to be unenforceable, then the entirety of these terms shall be null and void.

(6) If myFanPark makes any future change(s) to these Terms of Service (other than a change to the Notice Address) during any period of time in which you are entitled to receive or actually do receive services from myFanPark or its partners, agents or representatives related in any way to the myFanPark product(s) (or components or ancillary devices related thereto or services) including, without limitation, support or maintenance services, you may reject any such change by sending myFanPark written notice within 30 days of the change to the Notice Address above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these Terms of Service. Otherwise, if you are or were not entitled to receive such services or did not actually receive such services, we agree that the arbitration provisions in effect on the date of your acquisition of the myFanPark product(s) and services will control all disputes and claims under these Terms of Service.

(7) NO CLASS ACTIONS. You may only resolve disputes with myFanPark on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

Last updated on:  November 1, 2021