TERMS OF SERVICE

10/22/2021

Welcome to FanJolt.com (the “Site”) and the FanJolt mobile applications (the “Application” and together with the Site, the “Service”). These Terms of Service (the “Terms”) for a legally binding contract between you and FanJolt, Inc, a Delaware corporation (the “ FanJolt” “Company”, “we”, or “us”), which owns and provides the Service.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Application or Services. Each person who completed the account registration process through the Service is referred to herein as a “Member”.

We may modify or replace these Terms at any time. After any change, existing users will be notified through email or in the Application. Each time you access or use the Service, you agree to be bound by the most recent version of the Terms, so please check this document often. The date on which these Terms were last modified or replaced will be noted at the top. If you do not agree to be bound by all of the Terms in full, you may not access or use the Service.

Definitions

Talent, (the "Talent"): An individual or organization, or their legal representative who engages with the Service after having registered and/or logged in to the Service with a ‘Talent’ or Moderator account. ‘Talent’ account, has the ability to offer, via the FanJolt Marketplace certain interactions between themselves and Fans in accordance to their Talent Agreement

Talent Representative: (the "Talent Representative"): An individual who has been appointed or instructed by the Talent to assist the Talent throughout the Talent engagement with the Service

Talent Team: (the "Talent Team") Talent or their approved Talent Representative

Fan (the "Fan"): Any individual or organization who views, makes purchases, or otherwise engages with the Service

Moderator (the "Moderator"): A representative of a Talent who may assist the Talent in the delivery products and services offered by the Service.

Deliverable, (the "Deliverable"): Any visual, audio or text-based product received as a result of a payment that is made and thought of by the Service and is retained by FanJolt.

Live Deliverable, (the "Live Deliverable") visual, audio or text-based content viewed in a ‘Broadcast’ or a ‘1 on 1 Video Call’.

Definitions can be both singular and plural

  1. Use of the Services

    1. In order to use the Service, you must:
      1. be over the age of 13 and have the capacity to enter into a binding contract (or if not, that you have received your parent’s or guardian’s permission to use the Service) and that your parent or guardian has agreed to these Terms of Service on your behalf; and
      2. represent and warrant that:
        1. you understand that content on our Site may be suitable for mature audiences and that FanJolt has no control over content provide by the Talent or their representatives and is no way liable for any offence viewing such content may cause
        2. you understand and will comply with all applicable terms of any third-party payment provider we may use, and you are not on a prohibited list of, nor been denied access to, the payment provider;
        3. you are not banned from any aspect of our Site pursuant to any applicable law or regulation,
        4. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
        5. you are not a convicted sex offender.
    2. You agree that, in the event of any payment dispute, you will provide to the Company all information requested by the Company. Members who have been found to abuse any payment dispute mechanism of any kind may be banned from the Service.
    3. The Site is a platform for Members to connect and schedule phone calls, video calls, online chats, the recording of customized videos, or social media interactions (collectively, “Bookings”) with other Members. Any Member making a purchase is referred to herein as a “Customer Member” of “Fan”, and any Member providing a Booking is referred to herein as a “Talent Member” or “Talent”. Each Booking is made according to listings provided or posted by Talent Members through the Service (“Listings”).
    4. You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Service and any videos, graphics, images, text, software, or other content of any kind whatsoever (collectively “Content”) that you share, transmit, or access through the Service.
    5. You acknowledge and agree that you will not, in using or accessing the Service or any Content:
      1. create any Listing that violates the rights of any third party or that you do not have permission to create;
      2. impersonate any other person;
      3. create any Listing or engage in any Booking under false pretenses or with information that is inaccurate, untrue, or incomplete in any way;
      4. defraud or mislead any person;
      5. engage in any transaction or solicitation other than Bookings;
      6. violate any federal, state, or local law, including any Tax obligation;
      7. send unsolicited or spam messages to any other person;
      8. register for more than one FanJolt Account or register for a FanJolt Account on behalf of an individual other than yourself;
      9. stalk, harass, or defame another Member or any other person;
      10. create, or assist in creating, any service directly competitive to the Service;
      11. solicit any other Member for any purpose other than facilitating a Booking;
      12. circumvent the Service, or any offering by FanJolt or the Company Affiliates in order to receive any paid service from a Member that might be classified as a Booking if engaged through the Service;
      13. share, post, transmit, or other distribute any Content of any kind that (a) infringes or violates any right (including copyright, patent, or trademark rights) of any other person or company; (b) is, as the Company may determine in its sole judgment, racist, sexist, homophobic, hateful, violent, or derogatory in any way; or (c) promotes anything that might be construed as violative of Section 1(d)(xiii)(i) or (ii) of these Terms;
      14. Make any recording of FanJolt 1 on 1 Video Calls, Broadcasts or other Deliverables
      15. Resell or auction, use as a prize or in your own marketing Campaign any Deliverable, without our written permission from FanJolt.
      16. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service or for any other purpose, without the Company’s express prior written permission;
      17. disrupt the accessibility or network of the Service; or
      18. not withstanding anything herein, copy, reproduce, modify, create derivative works from, distribute or publicly display any Content.
    6. You hereby acknowledge and agree that all of the following Content below, is strictly prohibited from being displayed or transmitted through the Site or Service “Prohibited Content” and as such, you hereby acknowledge and agree that you are strictly prohibited from uploading, or otherwise transmitting any such Prohibited Content through the Site or Service. In the event that you do engage in the uploading of, or any form of transmission of such Prohibited Content through the Site or Service, your account may be subject to immediate termination, and the Company may take any such further action as deemed necessary or appropriate, which may include alerting applicable authorities. Such Prohibited Content shall include, but may not be limited to the following:
      1. Content must not constitute, facilitate, or promote illegal products, services or activities.
      2. Content must not discriminate or encourage any form of discrimination against any individual or group based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or for any other personal attribute. The Company prohibits users from using its Site or Services to discriminate against people. This means that users may not wrongfully target specific groups of people for with Prohibited Content, or wrongfully attempt to exclude specific groups of people from accessing any acceptable Content (where the decision to exclude said group is based in any form of discrimination); or otherwise transmit discriminatory Content through the Site or Service. Users are also required to comply with applicable laws that prohibit discrimination, when using the Site or Services.
      3. Content must not promote the sale or use of tobacco products and related paraphernalia. Additionally, Content must not promote electronic cigarettes, vaporizers, or any other products that simulate smoking.
      4. Content must not promote the sale or use of illicit or recreational drugs, or other unsafe substances, products or supplements, as may at any time be determined by the Company in its sole discretion.
      5. Content must not promote the sale or use of any form of weapons, ammunition, or explosives, which also includes any items used to modify weapons, or other similar weapon accessories.
      6. Content must not promote the sale or use of adult products or services. Additionally, Content must not contain adult content, which shall include, but may not be limited to nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive, lewd, or sexually provocative.
      7. Content must not contain shocking, sensational, inflammatory or excessively violent images or material.
      8. Content must not contain content that asserts or implies any negativity towards certain personal attributes, which may include, but shall not be limited to direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, voting status, membership in a trade union, criminal record, or personally identifying information such as names, social security numbers, and other similar, private, personal information.
      9. Content must not contain any statements or material which the Company in its sole discretion, deems to be misinformation.
      10. Content must not contain statements or material that exploits any disaster or controversial issues for personal monetary gain, or for any other commercial purpose.
      11. Content must not promote products or services that are designed to enable any other user to engage in cheating or deceitful practices, whether such practices are applicable to the Company, or to any other Company.
      12. Content must not promote payday loans, paycheck advances, bail bonds, or any other form of a short-term loan which may be used to cover an individual's expenses until the receipt of their next paycheck.
      13. Content must not contain any form of spyware, malware, or any other similar software that results in an unexpected or deceptive experience.
      14. Content must not promote any products, services, schemes or offers using deceptive or misleading practices, including those meant to trick any individual or group, or otherwise scam any individual or group out of any money or other form of value.
      15. Content must not promote any form of financial products or services which, in the Company’s sole discretion, are frequently associated with misleading or deceptive promotional practices.
      16. Content must not promote the sale or transfer of any human or animal body parts, fluids, or any other form of human or animal anatomy.
    7. We reserve the right to modify or discontinue the Service or any feature of the Service at any time and without notice. We may make modifications to the Service at any time.
    8. We may terminate your access to the Service at any time any for any reason, whether or not you are a Member. You may terminate your FanJolt Account, and thus these Terms, at any time and for any reason.
  2. Abuse Policy & Procedure

    1. FanJolt takes any and all allegations of abuse, whether submitted by Fans or Talent, very seriously. Any and all actual or suspected abuse shall be reported to Fanjolt immediately, either directly through the Site or Service, or by emailing abuse@fanjolt.com,where such actual or alleged conduct shall be reviewed in accordance with our Abusive Conduct Review policy, which can be see HERE.
  3. Feature Specific Terms

    1. Live Deliverables are deemed to have started when the Talent who schedules the Live Deliverable is first able to interact with Fan in any way, be it via video, audio or other means.
      1. FanJolt makes no warranty for Talent joining the Live Deliverable on time. Talent shall have up to 15 minutes from the scheduled start time to join the Live Event. Should the Talent fail to start their Live Event within 10 minutes of the scheduled start time the Live Event will be cancelled and those who have purchased a ticket to attend the Live Event shall receive a credit for the full amount they paid.
    2. Live 1:1

      1. Attendance in a 1 on 1 Video Call shall be limited to one Fan only. Said Fan, in such 1 on 1 Video Call shall be prohibited from broadcasting or in any way publicly displaying the Live 1:1 video, whether done so for the purpose of personal or commercial gain, unless said Fan has received the prior express written permission of FanJolt.
      2. Subject to the Talent Team’s approval, the purchaser of the 1 on 1 Video Call may receive a recording, either in whole, edited, or part thereof, of the 1 on 1 Video Call call. For clarity Talent has sole discretion in granting approval to release any such recording to the purchaser. This recording shall be bound by the same restrictions of use provided herein.
    3. Broadcast

      1. During a Broadcast, the Talent Team shall have, in their sole discretion, the right to remove or silence any comment, chat or other written communication, they deem to be offensive, in-appropriate, constitute spam, or which may otherwise be potentially damaging to the brand they may officially, or unofficially represent.
        1. Under no circumstance shall FanJolt or Talent Teams be liable for any claims for damages including, but not limited to loss of reputation, embarrassment, criminal or civil proceedings, or any other form of financial harm or loss resulting from such actions.
    4. Jolts

      The Talent or their Team will be solely responsible for selecting which Fan they Jolt, (“being Jolted”) and the parameters they may choose to make such a selection. Such parameters may include, but shall not be limited to:

      • asking an interesting question in the chat window; or
      • showing a reaction by using a comment or emoji within the broadcast.

      Any offer to donate to a charitable cause in exchange for a Jolt will be considered a genuine and legally binding offer, and the Talent may seek any and all legal avenues of the collection of such donations, which they, in their sole discretion, deem to be appropriate or necessary. Subject to applicable local, state, and federal laws, FanJolt may, in its sole discretion, elect to provide Talent with the contact information of the Fan, in order to pursue such collection efforts.

      The number of Jolts offered by a Talent in a broadcast is for guide purposes only and neither FanJolt, nor the Talent make any guarantees as to the number of Jolts which will actually take place during any given event. Under no circumstance shall any refunds, nor credits be offered to any user due to the fact that a Fan has not been Jolted during any given event.

      The Company strictly prohibits any form of discrimination, and as such, the Talent will not base Jolt selection on race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity, gender expression, or on any other personal attribute(s) of any Fan or group of Fans. Notwithstanding the above, the Talent proposes and ultimately selects which Fans it would like to Jolt, and as such, the Company shall not be responsible nor liable for any selections made or not made by the Talent, any alleged or apparent patterns in selections made by the Talent, or for any claims for damages arising as a result of any such selections made by the Talent.

    5. Recorded Video

      A Recorded Video is a video that is personalised, for either yourself or a third party recipient as identified by a Fan, based upon information provided to the Talent from the Fan. The Talent may, within their sole discretion, elect to create the video, but are under no obligation to do so. You hereby acknowledge and agree that the Talent may not follow your instructions or requests exactly. The more information you provide to the Talent when requesting a Recorded Video, the better positioned the Talent will be to provide you with a Content in line with what you are requesting. The Talent makes absolutely no warranties as to the Content or quality of any Recorded Video provided. Under no circumstances shall you be entitled to receive any form of a refund or credits, due to any dissatisfaction with the Content or quality of any such Recorded Video.

    6. Private Messages

      Talent will respond to a Private Message within 7 days. Should the Talent not respond to a Fan’s message within 7 days, the Fan will receive a credit or refund as outlined in these Terms of Service. Should Talent respond with at least one (1) character or emoji the message will be deemed to have been responded to, and thus delivered. Talent makes no warranty as to the content being relevant or a response to the original message, or subsequent messages, sent by the Fan.

    7. Social Media Interaction

      1. Talent will follow the Fan on the designated social media platforms as outlined in the description of the specific interaction offered.
      2. The social media connection will take place within 7 days after interaction has been accepted by FanJolt and payment received by FanJolt.
      3. The social media connections shall last for the entirety of the duration of the time period determined and published by the Talent from the date the Talent delivers on the interaction.
      4. Only personal social media accounts shall be eligible for interaction by Talent.
      5. Talent will review the Fan’s social media account, on which the social media interaction is requested, for content they believe inappropriate or against their personal views. Talent reserves the right to reject the Fan’s request in their sole discretion, for any reason they or their team deem appropriate;
      6. The Fan’s Social Media Account must be approved by both FanJolt and the Talent and/or the Talent representative(s).
        1. Should the Fan’s profiles not align with Talent's view, beliefs, brands and overall views, the Talent has the right to reject the request or cancel the Interaction.
          1. In the event that Talent rejects the Fan’s request for a specific Interaction, the Fan shall receive a refund or credit as outlined in Fee, Payment & Refunds.
          2. In the event that the Talent elects to cancel the interaction once delivered, for actions by the Fan contrary to the terms herein, under no circumstance shall the Fan be entitled to receive any refund or credit for any such cancellations.
          3. You hereby acknowledge and agree that paying money for an interaction, from any Talent on any of your social media profiles, comes with the risk that said Talent may cancel the interaction for any reason within their sole discretion. You hereby acknowledge and agree that you shall not be entitled to any refunds or credits for said cancellations.
      7. Talent reserves the right to unfollow the Fan across any and all applicable social media platforms for any behavior, which is in violation of the terms for any of the applicable platforms, and/or within the Talent’s sole discretion, due to said Fan’s behavior or comments inconsistent with Talent’s views or brand. No refund will be issued in the event of any aforementioned violations.
      8. No Direct messaging or direct contact. In the event that a Fan direct messages or otherwise attempts to make contact with the Talent outside of any methods approved by both the Talent and the Company, Talent is permitted to cancel said interaction at any time within their sole discretion, and additionally, may result in the suspension or termination of said Fan’s account.
      9. The duration of time for which such social media interactions will last shall be defined by Talent at the time of setting up the relevant offering. Should this not be communicated in the offering, due to human or technical error, the offering will be valid for 30 days from the date Talent delivers on the offering, unless canceled but the Talent for reasons permitted by these Terms of Service.
      10. Fan will not use Talents social media deliverable in any way which, in Talent’s sole discretion and opinion damages or may damage, the Talent brand, or in any method which would state or imply that said Talent endorses any of said Fan’s statements, beliefs, posts, or opinions.
        1. Upon request of Talent or Fanjolt, Fan will remove any such content from public view immediately, but under no circumstances longer than 24 hours from the moment the request is sent by the Talent or FanJolt.
      11. Fan acknowledges that their personal beliefs, as the Fan may express on their own social media accounts or in any other public manner, may differ from those of the Talent.
        1. The Fan acknowledges the right of the Talent to such differing beliefs and accepts Talent has the right to refuse or reject a request for an Interaction without being accused of discriminating against the Fan.
        2. The Talent acknowledges the Fan’s right to such beliefs and comments and will in no way reject an interaction based upon race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity or gender expression.
    8. Talent Moderator Panel

      1. Talent Teams shall have access to the Talent Moderator Panel, which shall afford the Talent Team the ability to take actions which may include, but shall not be limited to, watching their specific Talent’s Broadcast and/or Co-Stream, view, comment, Jolt, and silence. Use of the Talent Moderator Panel is subject to the same Terms herein.
        1. Should the Talent or Talent Team request that FanJolt manage their Talent Moderator Panel, FanJolt will make reasonable best efforts to represent the Talent in a way befitting their Name, Image and Likeness, but under no circumstance shall FanJolt be held liable for any action they take, or may abstain from taking, while operating within the Talent Moderator Panel.
    9. Non-Circumvent; No Contact Outside of Approved Methods

      1. Under no circumstance shall you use any access to Talent obtained through FanJolt, to circumvent or otherwise contact said Talent through any method or in any volume/frequency, other than that which has been specifically approved by FanJolt. In the event that a Talent Member elects to Jolt you, regardless of the approved Jolt, you shall be strictly prohibited from seeking to access or otherwise contact the Talent Member using any method other than that which has been specifically approved via the Jolt you as the Fan, have received. Failure to abide by this policy may result in the immediate suspension or termination of your account, and any access to the Services or any given Talent Member shall thereby be suspended or terminated as well.
  4. Talent Invitation

    1. Fanjolt reserves the right to accept or reject applications to become a Talent member, within its sole discretion. By accepting these Terms of Service you hereby agree and understand that applications to serve as Talent user on Fanjolt, which may be submitted through any of the designated means of application, including but not limited to through the Site or Service, the app, or by emailing Talent@fanjolt.com, shall be judged in the best interests of FanJolt, but shall in no way be discriminatory. The judgment of such applications shall not discriminate on any of the following characteristics, which may include, but shall not be limited to discrimination based of race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity or gender expression.

    No Commercial Use of Service

    1. Unless otherwise expressly permitted in writing by the Company, in consultation with the Talent, all services offered on FanJolt, shall be exclusively for personal use only. You understand that you may not commercialize, sell, resell, manipulate, change any meaning or imply any different meaning, edit or convert to any other format (whereby such formats may include but not be limited to non-fungible tokens), any content on or received via the Site, Service, or otherwise through the Fanjolt platform. Granting a sublicense to share a deliverable with family and friends is permissible to the extent that it does not violate these Terms.

    Use of deliverables must be in accordance with, and shall be in strict compliance with these Terms, along with any and all other similar or relatable policies which FanJolt may implement or otherwise provide.

    FanJolt may remove your license to any deliverable, within its sole discretion, and at any time. Upon such removal you hereby acknowledge and agree that you will delete, remove, and take down any and all applicable deliverables that can be seen by any public audience.

  5. Fees, Payment and Refunds

    1. Fees and Payment

      1. Fees: The fee for a service or other offering is specified on the Talent profile page and in subsequent payment and confirmation screens when you make a purchase. You agree to pay all amounts due in accordance with the payment terms then in effect when you submit your request, including any applicable service, transaction, or processing fees. For the avoidance of doubt, should prices differ between pages in the app or on the website due to technical problems, which amount you pay will be at the sole discretion of FanJolt.
      2. Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified.
      3. Payment: You may request a Service by using a valid payment card through the applicable third-party payment provider including but not limited to Apple’s in-app payment mechanism, Google Play stores in-app payment mechanism and any other payment mechanism selected by FanJolt. You must provide the third-party payment provider with valid payment information as accepted by the payment provider. Fanjolt does not own, operate nor control these 3rd party providers and as such you hereby understand and agree that the use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. Should your billing address or payment information change, or need to be updated, you hereby agree to advise the third party payment provider of such information prior to attempting to purchase a Service from FanJolt. Furthermore, you hereby agree and understand that all payments are non-refundable, and Services may not be returned or exchanged.
    2. App for iOS

      1. If a Talent rejects your request for Service or the Service is not provided, you will be issued a credit (in USD only) for the value of your purchase to your FanJolt account which will will be maintained in your account and redeemed only for purchases on the App for iOS. Your credit balance will be redeemed for future purchases until fully redeemed and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App. If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, FanJolt reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and are subject to change at any time.
      2. Payment made within the iOS App will be processed at the time of purchase or request for interaction. Should your request for interaction not be accepted by the Talent you will be refunded the purchase price in the form of a credit as outlined above.
      3. Any purchase over $999.99 will be made via the fanjolt website (fanjolt.com) and therefore subject to the Fee, Payment and Refund terms for the website
    3. Website

      By providing your payment information on fanjolt.com, you agree that FanJolt may place a pre-authorization hold and, after your request has been accepted by the Talent authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you

      1. Payments made on the website are processed through Stripe. Upon a request for interaction, a hold for the fee for such interaction will be placed upon your credit card or other payment method and upon Acceptance of the request by the Talent the hold will be immediately converted into a charge.
      2. Should the request for interaction not be accepted by the Talent FanJolt will instruct Stripe to release the hold placed on your card, the earliest of 7 days from the initial date of request or upon the Talent rejecting your request within FanJolt. It may take 3 business days or less for the release of the held funds to be reflected on your payment method. FanJolt has no control on how long Stripe and your credit card company, or other service providing your payment method, reflects the release of the hold on your account.
      3. Purchase of access to a Broadcast will be charged at the time of purchase.
    4. The Company reserves the right (but is under no obligation) to cancel your Service request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason.
    5. FanJolt has sole discretion to determine how any billing disputes will be resolved.
    6. At anytime, unless expressly waived in writing by FanJolt, should full payment not be retained by FanJolt, (for example if User disputes a charge / is issued a refund), User shall be deemed to be in breach of the payment policy and as such any licence, sublicience, deliverable or other product or service offered by FanJolt shall immediately become the property of FanJolt and/or Talent as defined in the Talent Agreement.
      1. Fanjolt retains the right to recover full payment from the User in any manner, in their sole discretion, deemed appropriate.
    7. Refunds

      1. Any refund deemed payable in the sole discretion of FanJolt shall be made in the form of a credit to your FanJolt account to be used for a future interaction with Talent. Credit shall, unless otherwise contrary to a third party payment processor’s own terms of Service, shall expire after 1 year from date of issue.
  6. Pricing

    1. The Talent has been afforded the right to set and select the prices they wish to charge for the various deliverables and Services offered by said Talent, within FanJolt. The Talent thereby retains the right to change or amend the prices at any time within their sole discretion, and under no circumstance shall the Talent nor FanJolt be liable for any refund or credit should any such pricing be reduced following a purchase made by a Fan.
  7. In the event that a credit is issued for any reason, credits can only be redeemed via the fanjolt website (fanjolt.com). The credit shall be for the value of the refunded interaction and shall not be a credit for the interaction itself. Should the Talent increase their prices during the period of time while the credit is being issued, and the Fan wishes to redeem their credit, the Fan shall be liable for the difference in the value of their credit and the price of the Interaction.
    1. Subject to receipt and retention of full payment, Fanjolt grants the owner of the Fan member’s account a licence, limited to personal, non-commercial and non-promotional use to the content delivered by the Talent, under the following conditions:
    2. Both the Fan and Talent are responsible for ensuring any interaction or deliverable provided in, through or via FanJolt Inc is done so in the best interests of both the Fan and the Talent. To that end you will not:
      1. Use any deliverable for commercial or promotional purposes, including but not limited to creating a non-fungible token (“NFT”) from any Offering unless expressly granted permission by FanJolt Inc, in writing.
      2. Use any deliverable to prove, imply or otherwise suggest any agreement to your personal belief or opinion.
      3. Sell, commercialize or encumber your rights to a deliverable except with express written permission from FanJolt.
      4. Edit, copy or record any deliverable yourself without express written permission from FanJolt Inc.
        1. Upon receiving such permission you agree any such edit, copy or recording will not alter the meaning, intended and/or implied meaning of the content.
      5. violate any law, regulation or court order in your country of residence and the United States of America.
      6. infringe, violate or misappropriate the privacy, intellectual property, droit moral, moral or any other rights, or any third party.
      7. Provide false or misleading information, including falsely identifying and/or impersonation.
    3. Withstanding the above, User may sub-licence, under the same provisions of this Terms of Service the FanJolt deliverable, excluding Live deliverables to the extent necessary to share the deliverable with a third party including but not limited to by email and on social media
  8. Charitable Donations

    1. The Talent may elect to donate to charity a portion of between 0% and 100% of their own earnings generated through the use of the FanJolt platform. Such money shall be distributed by the FanJolt Foundation, a project of the Player Philanthropy Fund a Maryland charitable trust with federal tax-exempt status as a public charity under Section 501(c)(3) of the Internal Revenue Code (Federal Tax ID: 27-6601178).
    2. Any mention by Talent either before, during or after an interaction, of the amount being donated, whether specified as an amount or as a percentage, shall be calculated based solely and exclusively on the Talent’s portion of the revenue, and shall in no way include any revenue which FanJolt would be entitled to as a result of any such transactions, or which FanJolt otherwise collects as a result of serving as the Marketplace that provides the connection between the Talent and the Fan.
    3. Further information pertaining to the FanJolt Foundation can be found at on fanjolt.com
  9. Marketplace Only

    1. THE SERVICE IS AN ONLINE MARKETPLACE THAT CONNECTS MEMBERS THROUGH EITHER THE SITE OR THE APPLICATION IN ORDER TO FACILITATE BOOKINGS. THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS, INCLUDING BOOKINGS. THE COMPANY DOES NOT CONTROL THE TYPE, QUALITY, OR ACCURACY OF THE LISTINGS OR THE PROVISION OF THE BOOKINGS. ALL BOOKINGS ARE CONSIDERED TRANSACTIONS DIRECTLY BETWEEN MEMBERS AND THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR LISTINGS OR BOOKINGS.
    2. All Members are solely responsible for their Content. The Company may, but is not required to, monitor, delete, or revise Member Content. By using the Service, you acknowledge that you may view Member Content that you find offensive and agree that the Company shall in no way be held responsible.
    3. The Company does not endorse any Member, Listing, or Booking. The Company does not guarantee that any Listing will be accurate or that any Booking will meet your needs or wishes.
    4. Your sole legal remedy for any grievance related to any Booking, Listing, or Member shall be a claim against the relevant Member and you agree not to bring any claim for such a grievance against the Company or its Company Affiliates (as defined below). Unless you are expressly notified otherwise, grievances regarding Bookings or other Members must be directed to the Company and the Company will use its reasonable efforts to act as a facilitator between the parties.
  10. FanJolt Accounts

    1. You may be able to browse the Service without an account. However, you will be required to register for a unique account (“FanJolt Account”) and become a Member in order to access certain features of the Service. You agree that all information you submit for your FanJolt Account registration is accurate, complete, and correct in all respects.
    2. Your FanJolt Account is for personal use only and may not be shared with any other person. You agree to be responsible for any use of your FanJolt Account, including any charges incurred.
  11. Listings and Bookings

    1. Talent Members may create Listings to offer Bookings to Customer Members. By creating a Listing, you agree that:
      1. all information in the Listing is correct;
      2. you may not alter or modify the price listed any Booking (the “Booking Fee”) after it is purchased through a Listing;
      3. each Listing is an offer to provide a service which becomes accepted, and thus a binding contract between you and the Customer Member, upon purchase of a Booking;
      4. any Listing you create and the agreements you enter into with Customer Members (whether through Bookings or otherwise) (x) will not breach any agreements you have entered into with any other person and (y) will comply with all applicable laws.
    2. The Company reserves the right, at any time and for any reason whatsoever, without any liability to you, to modify, remove or disable any Listing.
    3. Talent Members set a Booking Fee for each Listing. Booking Fees represent the total cost of the Booking. Certain portions of the Booking Fee may be paid to third-party charities or causes chosen by Talent Members, or in select instances the Customer Member, at their discretion. The Company makes best efforts, using third parties to vet Charities and causes but does not endorse, or sponsor any of the selected third-party causes or charities and does represent that any amounts are tax deductible.
    4. As a Customer Member, you agree to pay the Company all Booking Fees due in connection with any Booking. You hereby authorize the Company to charge your credit card or other payment method for the Booking Fees. If you are directed to the Company’s third-party payment processor, you may be subject to terms and privacy policies governing the use of that third-party’s payment processing services.
    5. Booking Fees may result from bidding in an auction format. All bids are final and bids may not be withdrawn. Each bid is an irrevocable offer to purchase the respective Booking. The Company will determine the validity of bids at its own discretion.
    6. Members agree that they will use their best efforts to complete the Bookings according to the terms of each Listing. Further, Talent Members agree that they will use their best efforts to deliver any Booking related deliverables clearly and in usable formats. This may include, but is not limited to, (i) performing Bookings in places with suitable noise levels and internet connectivity and (ii) utilizing proper equipment to deliver the Bookings uninterrupted. The Company offers no refunds of any kind, even if Bookings are not complete or are unsatisfactory. In the event of a dispute between Members, the Company may make reasonable efforts to facilitate a resolution, but will not be obligated to do so.
    7. As a Talent Member or Referral Agent, you acknowledge that your payment terms will be controlled by the Talent Agreement or Referral Agreement executed directly between you and the Company.
  12. Ownership and Use of Content

    1. The Services and FanJolt Content are protected by copyright, trademark, and other laws of the United States various countries. You acknowledge and agree that all associated intellectual property rights are the exclusive property of the Company or its licensors, as applicable. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices appearing within the Services or the Content.
    2. Subject to your strict and complete compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license, to (i) access and view specific Content provided by the Company through the Service (the “FanJolt Content”) solely for your personal and non-commercial purposes and (ii) access and view any Content posted, shared, or transmitted by another Member (the “Member Content”) that you are permitted access, solely for your personal and non-commercial purposes.
      1. For clarity, if your Service account is suspended or revoked for breach of these Terms of Service, Company reserves the right to revolve or suspend your license to FanJolt of content previously granted and/or distributed.
    3. You may not share, sub-license, distribute, or transmit any Content in any way unless expressly permitted to do so by the Company (in the case of FanJolt Content) or the Member owning the Member Content (in the case of Member Content). If a Member provides express approval to use the Member’s Content (including, but not limited to, Member Content delivered by a Talent Member or the Company as a result of a Booking), then you agree to use the Member Content only as and to the extent permitted by the respective Member.
    4. Work Product

      1. For purposes herein, “Work Product” means any and all content and materials, including (without limitation) text, videos, images, photographs, written work, audio recordings, and other content, created by a Fan in connection with receiving the Services. For the avoidance of doubt, anything delivered pursuant to a Booking will be considered Work Product.
      2. Fan hereby grants to Fanjolt a worldwide, non-exclusive, transferable, royalty-free license to use Fan’s username, public alias, quotes, voice, biographical information, trademarks, and approved image and likeness (collectively “Likeness”) in any and all marketing or advertising materials created by or for Fanjolt, for whatever purpose Fanjolt may deem necessary or appropriate, within its sole discretion.
      3. Further, without limiting the foregoing, the Fan hereby grants to Fanjolt a license to any and all Work Product (including any of Fan’s Likeness incorporated therein) in connection with the promotion of the Platform and Fanjolt, including in any Marketing Collateral, and grants to Fanjolt a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Work Product through any medium Fanjolt may elect, in its sole discretion.
      4. As between the parties, Talent shall remain the owner of the Likeness and all Work Product that is produced or licensed to Fanjolt hereunder, but hereby acknowledges that the Work Product will be considered Fanjolt Content under these Terms of Service and grants to Fanjolt the license to the Work Product as per their Talent Agreement. Further, for the avoidance of doubt, any and all marketing or advertising materials shall be owned by Fanjolt, other than with respect to any Work Product incorporated therein.
  13. Fanjolt Content

    1. Members may be permitted to post, upload, share, or transmit certain FanJolt Content through the Services. By posting, uploading, sharing, or transmitting any Member Content through the Services, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content through the Services or through any other medium the Company may elect.
    2. You represent and warrant that your Member Content is (i) owned exclusively by you or (ii) properly licensed to you for distribution through the Services. You further represent and warrant that your Member Content will not infringe upon the rights, including (without limitation) any trademark, copyright, or patent rights, of any other person. You agree to be solely responsible for any Member Content.
  14. Copyright Policy

    1. The Company takes claims of copyright infringement seriously. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without authorization and is available within the Application in a way that may constitute copyright infringement, the individual may provide notice of their claim to the Company's designated agent listed below. For the notice to be effective, it must include all of the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. A description of the copyrighted work that is claimed to have been infringed.
      3. A description of where the allegedly infringing material is located within the Service.
      4. Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted.
      5. A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. The Company's designated agent can be reached at:

      Copyright
      12195 Highway 92
      Suite 114 #319
      Woodstock GA 30188
      email: copyright@fanjolt.com
  15. Limitation of Liability

    1. YOU AGREE TO USE THE SERVICE, CONTENT, LISTINGS, AND BOOKINGS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “COMPANY AFFILIATES”), BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SERVICE, CONTENT, LISTINGS, BOOKINGS, OR ANY INTERACTIONS WITH OTHER MEMBERS; (B) YOUR INABILITY TO USE THE SERVICE OR ANY BOOKINGS; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) LISTINGS, BOOKINGS, AND OTHER PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM ANOTHER MEMBER; OR (F) YOUR BREACH OF THESE TERMS. IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU, AS AN INDIVIDUAL, ENTITY, OR OTHER USER THAT HAS PURCHASED FANJOLT SERVICE EXCEED $500 MORE THAN THE COST OF THE SERVICE YOU PURCHASE, LESS APPLICABLE TRANSACTION FEES, FOR ALL AGGREGATE CLAIMS.
  16. Information Pertaining to Medical, Financial, Legal Compliance, or Regulatory Matters

    1. If you receive or request any news, messages, or other information from the Site or Service concerning any medical, financial, legal compliance, or regulatory inquiries/materials with respect to the Content or information displayed or offered through the Site or Service, remember that the Site and Service is provided for informational and entertainment purposes only, and no Content included or information made available through the Site or Service is intended for, nor shall the same constitute any medical, financial, legal compliance, or regulatory advisory services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, reliability, usefulness or availability of any Content or information transmitted or made available via the Site or Service, and shall not be responsible or liable for any decisions or actions made by you or any other third-party based on the reliance upon such Content or information
  17. Medical, Financial, Legal Compliance, and Regulations Disclaimer

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY FORM OF COST, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SITE OR SERVICE, YOUR INABILITY TO USE THE SITE OR SERVICE, YOUR RELIANCE UPON ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICE, OR ANY BUG, ERROR, OR MALFUNCTION INCURRING WITHIN THE SITE OR SERVICE OR THE SYSTEMS OF ANY THIRD-PARTY APPLICATION, REGARDLESS OF WHETHER OR NOT THE SAME WAS OR MAY HAVE BEEN FORESEEABLE.
    2. The Site and Service do not contain any form of medical, financial, legal compliance or regulatory advice, nor does the Company provide the same. The Content of the Site or Service, such as video, audio, text, graphics, images and other material are intended for informational purposes only and not for the purpose of rendering any medical, financial, legal compliance, or regulatory advice or consulting of any sort. The Content of the Site or Service are not intended to substitute for professional medical, financial, legal, or regulatory consulting advice. Although the Company takes efforts to keep information on the Site updated, the Company cannot guarantee that the information on the Company’s Site reflects the most up-to-date research.
    3. Please consult your physician, CPA, attorney or other appropriate regulatory professional for personalized medical, financial, legal compliance, or other regulatory advice. Never disregard or delay seeking professional advice or consulting of any sort, because of something you have seen on the Company’s Site or through the Service.
    4. Not all Content, products, services, techniques, or activities described on the Site or through the Service are suitable for everyone. The Company does not recommend or endorse any specific services, products, processes, techniques, or any other information or Content provided on its Site or through the Service. Any reliance upon any Content or information provided by the Company, its employees, any third-parties, or any other visitors to the Site, shall be solely at your own risk. You understand and agree that you are solely responsible for your use of the Site and Service.
  18. Third-Party Service Providers: Actions, Errors, Delays

    1. You hereby acknowledge and agree that a portion of the Services contemplated hereunder, and offered through the Site and Platform, may rely upon the use of third-party service providers, such as payment processing companies, API functions or video hosting software. You hereby acknowledge and agree that the services of said third-parties, depending upon the Service selected, may play an instrumental role in the timeliness, reliability, or overall effectiveness of the Services you have sought to obtain through the Site or Service, and as such, any errors or delays caused by or experienced by such third-party service providers may have a significant impact on your ability to receive the Services you have sought to obtain through the Site. The Company has no stake nor control in or over such third-party service providers, and as such, you hereby acknowledge and expressly agree that the Company shall have no liability to you or to any third-party for any claims for damages or loss arising as a result of any errors or delays in the Services, associated with or caused by any third-party service providers.
  19. Personally Identifiable Information

    1. The Company cautions you against giving out any personally identifying information about yourself, your children, or any other person in the use of any third-party link or interaction accessed through the Site or Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at [PP Hyperlink].
  20. Disclosures Required by Law

    1. The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
    2. BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
  21. No Warranties

    1. THE SERVICE IS PROVIDED AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, OR NON-INFRINGEMENT.
    2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT LISTINGS, PRICES, OR CONTENT (INCLUDING DESCRIPTIONS) ARE ACCURATE OR CORRECT. ALL LISTINGS REPRESENT SERVICES PROVIDED STRICTLY BETWEEN MEMBERS.
  22. Practices Regarding Use and Storage

    1. You acknowledge that the Company may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent or received from an account of the Service, the maximum size of any message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, the maximum number of videos or content transmissions user may view, access, or upload through the Service in any given day, week, month, or year, and the maximum number of times and duration for which you may access the Site and/or Service in any given time. You agree that the Company has no responsibility or liability for the deletion of, or failure to store or transmit any videos, documents, messages, data, communications or other Content maintained or transmitted by or through the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits at any time, within the Company’s sole discretion.
  23. No Co-Branding or Framing

    1. You may not use or authorize any party to co-brand or frame the Site or any Service without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Site or Service, in whole or in part, and/or any content accessible within the Site or Service. For purposes of these Terms, "framing" refers to displaying any Company associated Site or Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.
  24. Indemnification

    1. You agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and legal costs, arising out of or in any way related to (a) your access to or use of the Service, Content, Listings, or Bookings, (b) your violation of these Terms; (c) your Member Content or (d) your interaction with any other Member or third party. The Company may, but is not obligated to, control the defense of any claim, including the settlement thereof
  25. Additional Terms

    1. By using the Service, you consent to receive electronic communications from the Company. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when either sent to your email address of record with the Company or when posted conspicuously on the Service.
    2. The Company and the Members shall be excused from performance under these Terms to the extent that the Company or the Member is prevented or delayed from performing any obligation because of any reasonably unexpected act beyond its reasonable control, including (without limitation), weather conditions, pandemics, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; quarantines, power or internet outages, or embargoes.
    3. These Terms will be governed and construed in accordance with the laws of the State of Georgia and the United States of America, without regard to its conflict-of-law provisions. Other than disputes seeking injunctive relief, any dispute arising hereunder, or related to the terms hereof, will be brought exclusively through binding arbitration in the state of Georgia. Such arbitration shall be initiated by the parties within ten (10) days after either party sends written notice (the “Arbitration Notice”) of a demand to arbitrate. The dispute shall be resolved by binding arbitration before the American Arbitration Association (“AAA”) in the State of Georgia.
    4. YOU AND THE COMPANY BOTH AGREE THAT ANY DISPUTE ARISING HEREUNDER SHALL BE BROUGHT STRICTLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS, GROUP, OR COLLECTIVE ACTION OF ANY KIND.
    5. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
    6. The Terms constitute the full, final, and complete understanding of the parties as it relates to the subject matter hereof; except, however, that Talent Members will be subject to the additional terms of an executed Talent Agreement between the Company and the Talent Member.
    7. The failure or delay of either party to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
    8. You may not assign these Terms without the express written permission of the Company. The Company may assign these Terms as part of any sale of the Company or its assets.
    9. You may contact the Company through the appropriate link on the Site or at info@fanjolt.com