Privacy Policy, Cookies & Terms of Use

By registering to use any of the Services or accessing any of the Services, you agree and acknowledge that you have read all of the terms and conditions as set out here (including, the arbitration provision set forth in Section 13 below), you understand all of the terms and conditions, and you agree to be legally bound by all of the terms and conditions.

If you are an individual accessing or using any of the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to the terms and conditions set forth herein on behalf of yourself and such Organization. References to “you” and “your” in these Terms will refer to both the individuals using the Services and to any such Organization.

“FanDay.io (also referred to as “FanDay”) reserves the right to change or modify any of the terms and conditions contained herein (or any policy or guideline of FanDay) at any time and in its sole discretion. If FanDay makes any changes to these Terms, FanDay will provide notice of such changes by revising the “Last Updated” date above and, in some cases at its sole discretion, FanDay may provide additional notice (such as by sending an email or other notification or by posting on FanDay.io). Any changes or modifications will be effective 7 calendar days after FanDay provides notice that these Terms have been modified (the “Notice Period”). Your continued use of any of the Services following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access any of the Services and at least every 30 days to make sure that you understand the terms and conditions that apply to your use of the Services.

1. PRIVACY

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy (currently available on FanDay.io).

2. LOCATION AND YOUR USE

FanDay operates the Services from the United States. FanDay makes no representation or warranty that all of the features of the Services will be available to you if you reside outside of the United States. By accessing and using the Services, you assent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

3. SERVICES

The Services include live events or interviews requiring a ticket/invitation to access said event, as well as such related features and functionality we may offer through the Services from time to time.

Subject to the terms and conditions of these Terms, FanDay grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services, provided that some of the Services are subject to additional terms and conditions that you must agree to prior to accessing and using such Services (for example related to payment of a ticket purchase price or a subscription price).

You acknowledge and agree that FanDay may monitor, collect, use, and store anonymous and aggregate statistics regarding use of the Services, and/or any individuals/entities that interact with the Services (collectively, “FanDay Analytic Data”).

4. REGISTRATION & RESTRICTIONS

In order to receive certain Services, you must register for an account. Once successfully registered you become a “Member”. When registering for an account, you agree (a) to provide accurate, current, and complete information (“Registration Data”), and (b) to maintain and promptly update the Registration Data (and any other information you provide to FanDay) in order to keep it accurate, current, and complete.

You are responsible for safeguarding the passwords you use to access the Services via your account, and you agree to be fully responsible for activities and transactions as a Member that relate to your account and password. You must notify FanDay immediately by emailing us at Info@FanDay.io, if you suspect or learn of any unauthorized use of your account or password, as you may be held liable for losses incurred by FanDay due to someone else using your account or password. FanDay cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate, or create derivative works of the Services (or any components thereof), (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Services (or any components thereof), (c) use the Services to store or transmit any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, (d) copy, frame, or mirror any part or content of the Services, (e) build a competitive product or service, or copy any features or functions of the Services or any of FanDay’s other products or services, (f) interfere with or disrupt the integrity or performance of the Services, (g) attempt to gain unauthorized access to the Services or their related systems or networks, (h) disclose to any third party any performance information or analysis relating to the Services, (i) remove, alter, or obscure any proprietary notices in or on the Services, including copyright notices, (j) reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate, create, or attempt to create the source code of the Services or their structural framework (in whole or in part), or perform any process intended to determine the source code for the Services, (k) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Services or the functionality of the Services, (l) take any action that imposes an unreasonable or disproportionately large load on the Services, (m) use the Services for any purpose that is illegal in any way or that advocates illegal activity, or (n) cause or permit any individual or entity to do any of the foregoing.

5. RULES OF CONDUCT

In connection with your use of the Services, you must not:

Post, transmit, or otherwise make available through or in connection with the Services any materials that are or may be (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others, (b) defamatory, libelous, fraudulent, or otherwise tortious, (c) obscene, indecent, pornographic, or otherwise objectionable, or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner, and the agreement of FanDay. Post, transmit, or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. Use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful. Harvest or collect information about users of the Services. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks. Restrict or inhibit any other person from using the Services. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without our express prior written consent. Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law. Remove any copyright, trademark, or other proprietary rights notice from the Services. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without our express prior written consent. Systematically download and store Services content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

6. TRANSACTIONS

We may, at our sole discretion, make available the ability to purchase any FanDay service or product, through the Services (a “Transaction”) either through digital currency or fiat currency, or both. If you wish to make a Transaction, you may be asked to supply certain relevant payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CURRENCY OR PAYMENT INSTRUMENT THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

FanDay reserves the right, including without prior notice, to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any service or product (paid or otherwise) There are no refunds or exchanges, ie, all purchases are non-refundable. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions.

In the case of a FanDay giveaway, you acknowledge that you will abide by all rules and regulations related to the giveaway.

All purchase transactions are non-refundable once submitted and processed. If your purchase is for a subscription, it will be considered non-refundable for the period of time in the subscription offer. To cancel after that you should follow the indicated instructions to avoid any automatic renewal. Failure to cancel in a timely manner will not provide recourse to any refund request.

7. TERM AND TERMINATION

You may terminate these Terms at any time, for any reason or for no reason, by deleting your account by contacting us at info@fanDay.io. You agree that FanDay, in its sole discretion and for any or no reason, may terminate these Terms, your account or your use of the Services, at any time and without notice. FanDay may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that FanDay shall not be liable to you or any third party for any such termination. Sections 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, and 17 will survive any termination of this Agreement.

8. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the any of the content of the Services at any time or for any reason at our sole discretion without notice. Also, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Service(s).

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other technical issue(s) or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases.

9. THIRD-PARTY ADVERTISING

FanDay may run advertisements and promotions from third parties through or in connection with the Services or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. FanDay is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Services.

10. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. FanDay DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW), LICENSED CONTENT, THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

11. INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify, and hold FanDay (and its directors, officers, employees, consultants, agents and affiliates) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for (a) any actual or alleged breach of any of your obligations under these Terms, or (b) any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to your use of any of the Services.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL FanDay BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE THIRD-PARTY INFRASTRUCTURE, LICENSED CONTENT, OR THIRD-PARTY TRADEMARKS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

FanDay’s ENTIRE LIABILITY TO YOU AND ANY OTHER INDIVIDUAL OR ENTITY, ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE THIRD-PARTY INFRASTRUCTURE, LICENSED CONTENT, OR THIRD-PARTY TRADEMARKS, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO FanDay. FURTHER, NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THESE TERMS, FanDay WILL NOT BE LIABLE FOR ANY DISCLOSURE OF, UNAUTHORIZED USE OF AND/OR UNAUTHORIZED ACCESS TO ANY DATA OR OTHER INFORMATION.

MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 12 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FanDay AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FanDay.

These Terms are and will be governed by and construed under the laws of the State of Florida, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT FanDay AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERM WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”).

The Comprehensive Rules are available online at https://www.jamsadr.com/rules-comprehensive-arbitration/. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. An arbitration award and any judgement confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. Notwithstanding any of terms to the contrary in these Terms, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. You can opt out of this agreement to arbitrate by contacting FanDay at Token Land, LLC., 7300 Biscayne Blvd Suite 200 Miami, FL 33138, United States within the 30-day period commencing upon the Effective Date, stating that you (include your first and last name) decline this arbitration agreement.

14. INTELLECTUAL PROPERTY

FanDay’s name, trademarks, logos, and all other FanDay product names, service names, or slogans included in or related to the Services (collectively, the “FanDay Marks”) are property of FanDay and may not be copied, imitated, or used (in whole or in part) without FanDay’s express prior written consent in each instance. The look and feel of the Services and the Site, including, but not limited to, all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of FanDay, may not be copied, imitated, or used (in whole or in part) without FanDay’s express prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of any Third-Party Trademarks included in or related to the Services is typically intended to denote interoperability and does not constitute an affiliation by FanDay and its licensors with such company or an endorsement or approval by such company of FanDay or its licensors or their respective products or services.

The Services are the proprietary property of Company and its licensors and all source code, databases, functionality and software on the Services (collectively, the “FanDay Materials”) are owned or controlled by us or licensed to us and are protected by copyright and various other intellectual property rights and other laws of the United States, international copyright laws, and international conventions. Except as expressly provided in these Terms, no part of the FanDay Materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

15. YOUR CONTENT

The Services may allow you and other users to upload certain content, materials, art, music, performances in general, live speech utterances or live demos, design, or drawings (“Content”), which will be visible to other Services users (Members). You hereby grant FanDay a worldwide, non-revocable, non-exclusive right to use, reproduce, display, transmit and reformat your Content, and to additionally distribute and publicly perform or re-broadcast your Content in accordance with the functionality or the promotion of the Services and of Fanday. You also hereby grant to each user of the Service a non-exclusive right to access, view and/or download your Content as permitted by the functionality of the Services.

You hereby acknowledge that you may be exposed to Content from other users or Members, as well as other third-party content that is inaccurate, offensive, obscene, indecent, or objectionable when using the Services, and further acknowledge that FanDay does not control such content and does not have any obligation to monitor such content for any purpose.

16. Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Content before or after it appears, or analyze your access to or use of the SERVICES. We may disclose information regarding your access to and use of the SERVICES, and the circumstances surrounding such access and use, to anyone for any reason or purpose, at our sole discretion. We retain the right to terminate your participation or use of the Services at any time and for any reason, at our sole discretion.

17. COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or via the Services infringe your copyright, you (or your agent) may send to FanDay a written notice indicating this with authoritative information by mail or e-mail, requesting that FanDay remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to FanDay a counter-notice explain why. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to FanDay’s DMCA AGENT as follows: By mail to Token Land, LLC. c/o DMCA Takedown Notice, 7300 Biscayne Blvd, Suite 200 Miami, FL 33138, United States; or by e-mail to info@FanDay.io.

18. MISCELLANEOUS

Independent Contractors

Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever.

Assignment

You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of FanDay. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. FanDay may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.

Feedback

Any suggestions, comments, or other feedback provided by you to FanDay with respect to any of the Services or the FanDay site (collectively, “Feedback”) will become the exclusive property of FanDay, and FanDay will be free to use, disclose, reproduce, modify, create derivative works of, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.

Third-Party Infrastructure

Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that FanDay uses a third-party hosting and livestreaming infrastructure in connection with the Services (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and FanDay assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Electronic Communications

You agree that we may communicate with you electronically regarding your use of any of the Service and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us as set forth below (see the “Information or Complaints” section).

Severability

If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to not effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Entire Agreement & Precedence

These Terms (together with all terms incorporated into these Terms by reference) set forth the entire agreement and understanding of the parties relating to the subject matter of these Terms and supersedes all prior agreements or understanding with respect to such subject matter and all past dealing or industry custom.

Force Majeure

FanDay is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by FanDay, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

19. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Services, please send an e-mail toinfo@fanday.ioYou may also contact us by writing to FanDay, 7300 Biscayne Blvd. Suite 200, Miami, FL 33138 United States. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.