FANFUNDED GENERAL TERMS AND CONDITIONS

Last updated 12 May 2020

 

PREAMBLE

  1. These are the terms and conditions that govern your use of the Fanfunded website at www.fanfunded.com.au, together with any other platform operated by Fan Funded (ABN 43 331 831 325) (“Fanfunded”, “we”, “our”, “us”) (the “Fanfunded Platform”), along with any policies that we publish from time to time. By browsing the Fanfunded Platform, or signing up for an Artist or a Fan account, you agree to these terms and conditions and other policies (including our privacy policy) that we publish from time to time, as modified by us from time to time. Please read them carefully. 
  2. You must be at least 18 years old to register for an account as a Fan or an Artist, or have your parents’ permission. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
  3. You agree only to use the Fanfunded Platform for purposes expressly authorised by us.

FANS

  1. You become a Fan through Fanfunded by purchasing a Fanfunded subscription of any amount. The amount of your subscription fee, and the period of your subscription, will be set out on the relevant page of the Fanfunded Platform. Your subscription fees go towards supporting the Fanfunded Platform.
  2. Where you take out a subscription through an Artist’s Affiliate URL, we will pay the Artist the Artist Commission from your subscription payment (less tax and any other payment fees, such as those charged by Stripe) in accordance with these terms and conditions and the Fanfunded Artist Terms and Conditions, as modified by us from time to time. If an Artist ceases to be affiliated with Fanfunded, we will stop paying the Artist the Artist Commission from your subscription payments. You can take out as many subscriptions as you wish, to support different Artists.
  3. We encourage Fans to interact with their favourite Artists through their own channels. Fanfunded is not responsible for the acts or omissions, or communications from Artists. Please note that we give Artists control over the use of their Affiliate URLs, and that Fanfunded does not currently host content on behalf of Artists on the Fanfunded Platform. However, you agree that we may provide your personal information (including your name and contact details) to an Artist you are supporting.
  4. You can manage your membership through the Fanfunded Platform, and cancel your Fan membership at any time – pay for as long as you feel you’re getting value. If you cancel your Fan membership, we will cease charging the subscription fee after the end of your last subscription period.

GENERAL TERMS

  1. These terms apply to you as a user of the Fanfunded Platform, whether as a Fan or an Artist.

Warranties

  1. You warrant that all information you provide through the Fanfunded Platform, and your acts or omissions in relation to or arising from the Fanfunded Platform, will not: (i) infringe any other person’s or other legal entity’s proprietary rights (including, without limitation, any intellectual property rights) or rights of publicity and privacy; (ii) violate any law, statute, ordinance or regulation; or (iii) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Fanfunded Platform or any activities being conducted on the Fanfunded Platform. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose.

Indemnity and termination

  1. You indemnify, defend and hold us harmless for all liability, claims, damages and costs, including legal fees (on a lawyer/client basis), arising out of or in connection with a breach by you of any obligations, representations and warranties provided in this Agreement.
  2. We may terminate this Agreement and prevent you from using the Fanfunded Platform (in any capacity) immediately without notice for any reason, including if you fail to comply with this Agreement in any way or if we discontinue the operation of the Platform.

Limitation of Liability

  1. You acknowledge you are using the Fanfunded Platform and relying on material on the Fanfunded Platform at your own risk.  We provide the Fanfunded Platform “as is” and to the extent permitted by law, unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Fanfunded Platform or goods or services supplied through the Fanfunded Platform, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not make any warranties that the Fanfunded Platform will be available, complete, uninterrupted or error free.
  2. To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Fanfunded Platform or any other goods or services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:  (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied.  
  3. In no event will Fanfunded (including its directors, officers, agents, employees or contractors) be liable for any: direct loss; or indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of these terms and conditions by Fanfunded.

Our IP Rights

  1. You agree that you have no rights in or to, the whole, or any part of, the trade names "Fanfunded” or to any of the Platform design, artwork, literary, sound or audio visual components or processes.   To the extent that you have any such rights, you assign them to us (and agree to execute all documents necessary to perfect that assignment).  You will not, except as otherwise permitted by these terms and conditions, disclose, make use of or otherwise infringe our intellectual property rights. This promise shall survive the expiration or termination of these terms and conditions.

 

Miscellaneous terms

  1. All matters arising from or relating to this Agreement and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement shall be governed by the laws of New South Wales, Australia without regard to conflicts of law principles. The parties agree to submit themselves to the exclusive jurisdiction of the courts of New South Wales.
  2. You cannot assign all or any part of these terms and conditions without our prior written consent. We may assign our rights and/or obligation under these terms and conditions at any time without notice to you.

Copyrights 2020. All Rights Reserved By  Fan Funded. Developed By Cart Integrator