Terms & Conditions
These Terms and Conditions govern the use of services provided by Fan Huddle (www.fanhuddle.live). This website, our content and any and all associated application(s) are provided by Fan Health Network, LLC dba Fan Huddle, a corporation organized under the laws of the State of Ohio, headquartered at 18214 Upper Bay Rd., Ste 580115, Houston, Texas, 77058 (“Fan Huddle”, “Us” or “Our”) in conjunction with various technology and platform providers (referred to throughout this website as “Service Provider”, "Fan Huddle" or “we”) as a service to our customers. "User" means you, individually, the person logging in to use the System (defined below), and, if you are making use of the System for the benefit of another person or entity, that other person or entity. Use of the System is subject to these terms of service, which the User agrees to by using the System. Service Provider does not consent to any use of the System, even the public / free version, unless User agrees to these Terms and Conditions. Fan Huddle reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the System following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this System.
1. Definition of System and Use of the System
Service Provider publishes an interactive computer service at its website, which may include mobile applications, downloadable components, and other software (collectively the "System" or “Website”). The System provides on-demand content and live video streaming access.
By accepting these Terms of System through your use of the System, you certify that you are at least 18 years of age or the age of majority where you live. If you are under the age of 18 but at least 13 years of age you may use this System only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If you do not agree to (or cannot comply with) any of these Terms and Conditions, do not use this System.
All registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of
these Terms and Conditions.
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips, and written and other materials that are part of this System (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the System for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you because of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the System or any related software. All software used on this System is the property of Fan Huddle or its suppliers and protected by U.S. and international copyright laws.
You understand that by using this System or any services provided on the System, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the System and any service at your sole risk and that Fan Huddle, and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
The System relies on a stable and adequate network connection (i.e., either Wi-Fi, cellular or other network connection) for video-audio streaming during Fan Huddle events. The System provides a utility called “Check Device” which the User can utilize to verify an adequate network connection. If the device network connection is interrupted, impaired or reduced below the acceptable level, the video-audio streaming may degrade or be terminated.
Users are prohibited from violating or attempting to violate the security of the System or exceeding their permitted access to the System, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the System, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Service Provider may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this System, automate what are otherwise manual processes or to catalog any information on this System.
User Obligations and Acknowledgements; User Accounts and access
User is responsible for maintaining the strict confidentiality of all user names and passwords and other access credentials to keep all user names and passwords secure. The System may be accessed by linking one or more social media accounts, such as Twitter® or Facebook® ("Social Media Account(s)"). User may only link Social Media Accounts that the User legitimately has the right to use. User represents to Service Provider that User is the rightful holder of, or has actual permission from the rightful holder of, all Social Media Accounts linked to the System.
The System is provided according to the laws of the United States of America (U.S.A.). The laws of other countries may differ regarding the access and use of the System. We make no representations regarding the legality of this System in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
2. Non-exhaustive Prohibitive Uses
For the avoidance of doubt, but without intending to or actually limiting the reservation of rights herein, User may not (and User covenants not to):
share or permit others to use the User's access credentials to the System;
create objectionable content or engage in offensive behavior;
provide remote access, co-screen access, or other dual or multiparty access to User's screen when accessing or using the System;
use the Content or Downloaded Content to provide a service bureau or other similar service;
use services such as GotoMeeting, Webex, GotoWebinar or other similar services to provide multiparty access to, or to provide seminars or training with, the System, Content or Downloaded Content;
print the Content or Downloaded Content (other than for personal use as permitted herein);
merge the Content or Downloaded Content with any other data or content of User; or
engage in any of the acts proscribed in these Terms and Conditions.
3. Ownership Acknowledgement
All rights and property interests, including but not limited to patents, copyrights, trade secrets, trademarks and other proprietary rights recognized under applicable law in or relating to the System and all Software and Content and all modifications, adaptation, derivative works and enhancements thereto, are owned exclusively by Service Provider and/or its licensors, and all such rights not expressly granted herein are reserved to Service Provider. Notwithstanding the above, Service Provider shall not acquire through these Terms of Service any ownership interest in User's personal information (defined herein to be User's email address, regular address, phone and fax number, and any payment information relating to User).
5. User Content
Users may be able to post content in certain areas on the System or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram or Twitter (“Other Platforms”). The User is solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the System or Other Platforms (“User Content”). We take no responsibility for, and assume no liability for, any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.
You represent and warrant that: (a) you own the User Content posted by you on the System or otherwise have the right to grant the license set forth herein; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the System does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the System. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Service. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.
6. Termination of Access and / or Account
In addition to any right or remedy that may be available to the Service Provider under these Terms of Service or under applicable law, the Service Provider may limit, suspend, or terminate any access and / or account to the System or Other Platforms (including, without limitation, account registration and ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including account identity, to the proper authorities.
The User agrees to defend, indemnify and hold the Service Provider, partner entities, their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees (the “System Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the System in violation of these Terms of Service and / or arising from a breach of these Terms of Service (including, without limitation, any breach of your representations and warranties set forth herein).
19. DISCLAIMER OF WARRANTIES
Your use of the system is at your sole risk. The content and information posted on the system, and the products and services accessible or available through the system, are made available to you “as is” without warranties or representations of any kind. To the fullest extent permissible by applicable law, the system parties disclaim and exclude any express or implied warranties or representations of any kind, including any warranties as to merchantability or fitness for a particular purpose of the system, its content and the products and services listed or purchased on or through the system.
11. LIMITATION OF LIABILITY
In no event shall the system parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, loss of goodwill, loss of reputation, cost of cover damages or intangible losses of any kind arising from your use of the properties, your inability to use the system, or the products or services available through the system, even if the system parties have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the system parties’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of: (i) the purchase price for the item at issue, if applicable; or (ii) $10.00.
12. Third-party Transactions
Through your use of the System, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties, such as Paypal or GooglePay etc.. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third-party seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SYSTEM, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SYSTEM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. In the event of any problem with the products or services that you have purchased from a third party on or through the system, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such third party products or services in accordance with the returns and refunds policies posted by the third parties, if applicable.
13. Governing Law
These Terms of Service and your use of the System will be governed by federal U.S.A. and Ohio State law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the System.
14. Arbitration; No Class Action
Except where prohibited by law, as a condition of using the System, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the System (except for small claims court Claims, if applicable), shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. You and we also agree that (a) any Claims will be resolved individually and not through any class action, (b) if a Claim proceeds in court anyway, we both waive any right to a jury trial; and (c) either you or we may seek a court injunction regarding intellectual property infringement. Arbitration does not involve a judge or jury. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. You may seek arbitration of a Claim by contacting our registered agent. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and / or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Ohio, or the United States District Court for the District of Ohio. For any Claims that are not subject to arbitration, if any:
(a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Ohio (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient;
(b) you and we waive any and all rights to trial by jury with respect to any Claims. You further agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.
16. Contact Information
Please refer to: https://www.fanhuddle.live/contact
Date of last revision: 16 March 2021