End User License Agreement (”EULA”)

Please read this End User License Agreement (“EULA”) carefully before using the FanHero Platform operated by FanHero, LLC, or a FanHero Affiliate (“us”, “we”, “our”, the “Company” or “FanHero”).

You are accessing the Platform because you desire to access the content posted to the Platform by one or more of our Clients or you are otherwise consuming our Services. The use of “you” or “your” throughout this EULA refers collectively to you or anyone else accessing the Platform via any device owned by you or under your control. Your access to and use of the Platform is conditioned upon your acceptance of and compliance with the terms and conditions of this EULA. If you are a Client or acting on behalf of a Client and you are accessing the Platform, then you have agreed to be bound by the terms and conditions of the Client Terms and Conditions (“CTAC”) and you may review the currently effective CTAC as posted on www.fanhero.com/legal.

By accessing or using the Platform, you agree to be bound by the terms and conditions of this EULA. If you disagree with any part of the terms and conditions contained herein then you do not have permission to access the Platform. We reserve the right to modify or amend this EULA from time to time with or without prior Notice.

Base Contract

The Platform is made available globally by us on behalf of ourselves and each of our Clients. You may access and utilize the Platform only under the condition that you a) desire to access the content posted on the Platform by one or more of our Clients, or b) you desire to utilize or consume other Services made available on the Platform. The terms and conditions applicable to your use of the Platform are set forth in this EULA and binding upon the contractual relationship between you and FanHero.

Your continued access to and use of the Platform is your agreement that the most recent version of the EULA shall take precedence over any earlier version. This EULA applies to all Users, including visitors, End Users and others who access the Platform or use the Services.

For EU Citizens and Residents; Other Regions

The Platform is offered globally. If you are a citizen or resident in the European Union, your use of the Services is subject to the General Data Protection Regulations of the European Union that became effective in May 2018, as it is amended from time to time. Your personal data belongs to you and you have the right to allow us to use that data to enhance your experience and offer appropriate advertising or not. If you decide not to give us permission to use your personal data or you revoke your permission in the future, we will remove your personal data from our database and you will be unable to continue to use the Platform.

If you are accessing the Platform from other regions, we are committed to adhering to all applicable regulations governing your use of the Platform.

Accounts

You may choose to create an Account on the Platform. When you create an Account with us, you guarantee that you either are age 13 or older (18 or older in certain regions). Further, you attest that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

We reserve the right to refuse service, terminate Accounts, remove or edit Content, or cancel orders in our sole discretion.

Communications

By creating an Account on the Platform, you agree to subscribe to newsletters, marketing, SMS texts, push notifications or promotional materials and other information we may send. However, in the case of email notices, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Client Offerings – Subscriptions or Purchases

You may decide, but are not obligated, to purchase products or services that are offered to you by one or more of our Clients. This includes, for instance, your Subscription of a Client’s Channel. If you wish to enter into a Subscription or purchase any product or service made available through the Platform (each such instance, a “Purchase”), you may be asked to supply certain information relevant to consummating your Subscription or Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

If you elect to participate in one or more Subscriptions, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, annual basis or seasonal basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it, the Client cancels it, or FanHero cancels it. You may cancel your Subscription renewal either through the appropriate account management page offered via the Platform or by contacting the FanHero Client Success team.

A valid payment method, including credit card, is required to process the payment for your Subscription or Purchase. You shall provide FanHero, or any authorized third-party (such as Apple Inc. or Google LLC), with accurate and complete billing information as required to enable a valid payment method. By submitting such payment information, you automatically authorize FanHero or such third-party to charge all Subscription fees incurred through your account.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Subscription or Purchase; and that (ii) the information you supply to us is true, correct and complete.