Terms of Use

 

Last Updated: September 8, 2020

Welcome to the FanLove platform (“Platform”). Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

These Terms apply to visitors to and users of the FanLove Platform. Any use by you of our Platform as an Celebrity (defined below) will be governed by the Celebrity Terms of Use.

Platform Videos

Through our Platform, you have the opportunity to purchase personalized video shoutouts (“Shoutouts”) from users registered to be made available for bookings and responsible for submitting video shoutouts (each an “Celebrity”). You may submit a request for a Shoutout to an Celebrity through our Platform personalized for you or a third party that that you identify as a recipient (“Recipient”). In submitting a request, you agree not to use a false identity or provide false information. You agree not to use our Platform if you have previously been removed or banned from it.

You acknowledge and agree that the Celebrity has sole discretion to determine how to fulfill your request and over the content of the Shoutout created (and may not follow your request exactly). The Celebrity has up to ten days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled by a Celebrity, you may not return or exchange a Shoutout and no refunds will be issued. Brands and/or businesses are not allowed to request a shoutout under the guise of a fan request,  but rather must book a Commercial Shoutout request if and when that feature is made available by the platform and celebrity.  Please see additional terms for Commercial Shoutouts below.  We reserve the right to reject any request in our sole discretion.  If a shoutout does request does not meet our Terms of Use, a refund will be promptly processed.

Subject to your payment in full for each Shoutout you request, the Celebrity hereby grants to you certain rights to use the Shoutout solely for your own personal, non-commercial, and non-promotional purposes, subject to the Terms of Use: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Shoutout, in any and all media, whether now known or hereafter invented (for example, on social media platforms). Shoutouts are licensed and are not sold. You may not sell, re-sell, or encumber your rights in any Shoutout. You may sublicense your rights in a Shoutout only to the extent necessary for you to use the Shoutout as permitted under the Terms of Use (for example, sharing it with friends on a social media platform, sending it to a Recipient for personal, non-commercial, and non-promotional purposes subject to these Terms). You may use a Shoutout only in accordance with these Terms, including the acceptable use restrictions listed below in the section titled “Acceptable Use of the Platform”. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Shoutout from our Platform at any time for any reason without any notice to you.

You acknowledge and agree that you have no expectation of privacy with respect to any Shoutout requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party. You acknowledge that the FanLove watermark (if included) on the Shoutout must remain intact and you agree not to edit, change, modify, or remove the watermark from any Shoutout or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of a Shoutout or assist or encourage any third party to do so. If you breach any provisions of these Terms, your license to use the Shoutout granted under the terms in the previous paragraph terminates and you must promptly remove all copies of the Shoutout in your possession or control, including on any social media platform, notify any Recipient of the termination and need to remove all copies, and take any other action we reasonably request to assist in locating and removing the Shoutout, including identifying each Recipient.

You may create an account on our Platform. In creating an account, you agree not to use a false identity or provide false information. You agree not to create an account if you have previously been removed or banned from our Platform. If we reasonably believe that you have done so, we have the right to suspend or terminate your account and your use of any part of our Platform. You are responsible for maintaining the confidentiality of your Platform account information, including your username and password. You are responsible for all activities that occur on or in connection with your Platform account and you agree to notify us immediately of any unauthorized access or use of your Platform account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Platform account.

Fees and Payment

The fee for a Shoutout is specified on the Celebrity’s booking page on our Platform at the time you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request.

You may request a Shoutout either by using cash, bank transfer or using a valid credit or debit card through the third party payment provider on FanLove.ph.

For each Shoutout requested on fanlove.ph, you must provide our third party payment provider with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by the payment provider). Your payment provider agreement governs your use of your credit or debit card, and you should refer to that agreement and not to these Terms to determine your rights and liabilities. You acknowledge and agree that FanLove does not operate, own or control any payment provider used by FanLove, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. You also agree to immediately notify the payment provider of any change in your billing address (or other information) for the credit or debit card account you use for payment. By providing your debit or credit card number and associated payment information, you agree that FanLove may authorize the payment provider to immediately charge you for all amounts due and payable with no notice to or consent from you.

FanLove reserves the right (but is under no obligation) to cancel your Shoutout request if: (a) your payment method is declined; (b) your cash payment is not received before the expiration date; or (c) you have previously been banned or removed from our Platform for any reason. FanLove also reserves the right at any time to change its fees and payment procedures, including its payment provider and terms relating to Credits, either immediately upon posting on our Platform or by other notice to you.

If you have a question about a payment contact us at hello@fanlove.ph. We have the sole discretion to determine how billing disputes will be resolved. You agree to comply with the terms of the third party payment provider selected by us, which is subject to change at our discretion.

Ownership

You acknowledge and agree that each Shoutout is owned by the Celebrity who created it.

We or our licensors own all right, title, and interest in and to: (a) our Platform and the “look and feel” of our Platform, including all software, ideas, processes, data, text, media, and other content available on our Platform; and (b) our trademarks, logos, and brand elements. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Platform, developing and improving our products and services, and advertising, marketing, and promoting our Platform and our products and services: (a) any request (video, text, or otherwise) that you make to any Celebrity, including information concerning any Recipient; and (b) any submission that you make to FanLove, whether through our Platform, a social media platform, or third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party ((a) and (b) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (a) own all rights to any Submission; or (b) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary and no Submission will contain or include any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. FanLove will not be responsible or liable for any use or disclosure of a Submission, including any personal information of, or belonging to, you or any third party.

We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Platform. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, block you from our Platform, terminate your access, or take other appropriate action for violation of these Terms.

FanLove desires to avoid the possibility of future misunderstandings when projects developed by us, our employees, or our contractors might seem to be similar to your Submission. If your Submission consists of any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that FanLove has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to FanLove a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

You hereby waive any moral rights you may have in any Submission, including Feedback.

Platform Use

You are responsible for your use of any Shoutout, your Platform account, our Platform, and any Submission. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful. You represent and warrant that: (i) you will not use or authorize the use of any Shoutout for any purposes other than the personal, non-commercial, and non-promotional purposes set forth in the Platform Videos section above and (ii) in using a Shoutout, your Platform account, and our Platform, and in making any Submission, you will not:

    1. violate any law, regulation or court order;
    2. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;
    3. take any action that is or submit, post, share, or communicate anything that is or that incites or encourages action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
    4. send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
    5. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Platform, including from any user of our Platform;
    6. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
    7. stalk, harass, threaten, or harm any third party;
    8. impersonate any third party;
    9. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
    10. use any means to scrape or crawl any part of our Platform;
    11. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Platform, users, Recipients, or any other third party;
    12. access our Platform to obtain information to build a similar or competitive website, application, or service;
    13. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Platform; or
    14. advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any Shoutout includes use anywhere (on our Platform or otherwise).You acknowledge and agree that we are not obligated to monitor access to or use of our Platform by you or third parties (including monitoring Submissions), but we have the right to do so in order to operate our Platform, to ensure compliance with these Terms, to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process, or otherwise.

 

Without limiting any of our rights, you acknowledge and agree that any request you submit for a Shoutout may be rejected by us or by an Celebrity; if that happens more than once, we may block you from our Platform, terminate your access, or take other appropriate action.

Copyright and Intellectual Property Policy

If we determine that you are a repeat infringer of copyright, we may terminate your access to our Platform and take other appropriate action in our sole discretion.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Platform, you agree to our Privacy Policy.

 

Third Party Content and Interactions

Our Platform may contain features and functionalities that may link to or provide you with access to third party content, including Shoutouts, that is completely independent of us, including websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Celebrities, found on or through our Platform are solely between you and the third party; however, FanLove may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with FanLove if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any Celebrity except as expressly permitted through our Platform. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each FanLove Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Platform. 

From time to time, a charitable entity may be identified on an Celebrity’s booking page or be associated with the Celebrity elsewhere on our Platform (“Charity”). For example, the Celebrity’s booking page may indicate that all or a portion of the Celebrity’s revenue from a Shoutout will be given to the Charity. All such arrangements are made strictly between the Celebrity and the Charity. FanLove is not a sponsor of and does not endorse the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by FanLove). Unless expressly stated, FanLove does not control and makes no warranties about the Charity or any donation to the Charity.

Third Party Websites

Our Platform may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of the platform or website before using it.

 

Platform Updates

We enhance and update our Platform often. You acknowledge and agree we may change or discontinue any aspect of our Platform at any time, with or without notice to you.

 

Account Termination

You may stop using our Platform at any time. You may cancel your Platform account at any time by contacting us at hello@fanlove.ph. We reserve the right to terminate access to our Platform to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Platform automatically terminates.

 

Indemnification

You agree to indemnify, defend, and hold harmless FanLove and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors (each, a “FanLove Party,” and collectively, “FanLove Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of these Terms of Use by you or anyone using your Platform account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Platform account; (c) your negligence, misconduct, or fraud; (d) any Submission; (e) any action or inaction by you or anyone acting on your behalf; or (f) to the fullest extent permitted by applicable law, relating to your use of our Platform. FanLove will have the right to select counsel to be paid for by you in connection with any indemnification by you. You will reasonably cooperate with us in connection with any indemnification matters.

 

Disclaimers

You acknowledge and agree that your use of our Platform is at your own risk and that our Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the FanLove Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.

In particular, the FanLove Parties make no representations or warranties about the accuracy or completeness of content available on or through our Platform or the content of any social media platform or third party website linked to or integrated with our Platform. You acknowledge and agree that the FanLove Parties will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury, property damage, or other harm resulting from your access to or use of our Platform; (c) any unauthorized access to or use of our servers, any personal information, or user data; (d) any interruption of transmission to or from our Platform; (e) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Platform; or (f) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Platform.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Platform, including any Shoutout, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Platform, including through a Shoutout, will create any warranty not expressly made by us.

You acknowledge and agree that when using our Platform, you will be exposed to content from a variety of sources, and that FanLove is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any FanLove Party with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any FanLove Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not FanLove has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under the Term of Use, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by FanLove from you during the 12 months preceding the claim giving rise to such liability.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between FanLove and you.

Other 

Force Majeure: Under no circumstances will any FanLove Party be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any FanLove Party.

Severability: If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment: The failure by FanLove to enforce any right or provision of these Terms of Use will not prevent FanLove from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Assignment: FanLove may, at any time, assign its rights and obligations under these Terms of Use, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous: The term “including” in these Terms of Use will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

Changes to the Term of Use

From time to time, we may change these Terms of Use. If we change these Terms of Use, we will give you notice by posting the revised Terms of Use on our Platform and updating the “Last Updated” date at the top of these Terms of Use. The revised Terms of Usewill be effective immediately if you are a new user of our Platform and will be effective 30 days after posting if you are an existing registered user unless you accept the revised Terms of Use before that time. By continuing to use our Platform, you agree to the revised Terms of Use.

Please print a copy of these Terms of Use for you records and PLEASE check the Platform frequently for any changes to these Terms of Use.

Additional Platform Terms of Use for Commercial Shoutouts

Last Updated: January 21, 2020

By requesting a Commercial Shoutout, you agree to these Additional Platform Terms of Use. Except as set out below, these Additional Platform Terms of Use will be governed by and are incorporated into the Platform Terms of Use. Terms that are defined in the Platform Terms of Use will have the same meaning in these Additional Platform Terms of Use.

Commercial Shoutout

Some Celebrities may offer you the opportunity to purchase a Shoutout for commercial or promotional use by a Recipient that is a single commercial entity, brand, or business ("Business") through our Platform (each, a "Commercial Shoutout"). Each Commercial Shoutout is a Shoutout under the Platform Terms of Use.The following governs the rights that you are granted in connection with each Commercial Shoutout and, for a Commercial Shoutout only, replaces paragraph 3 beginning with “Subject to your payment...” of the Platform Videos section of the Platform Terms of Use:

 

Subject to your payment in full for each Commercial Shoutout you request, the Celebrity hereby grants to you certain rights to use the Commercial Shoutout solely for the reasonable promotional purposes of the Business for 90 days from the date the Commercial Shoutout is sent by FanLove to you and for any additional 90-day periods that have been agreed, subject to these Additional Platform Terms of use: (a) a non-exclusive, royalty free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Commercial Shoutout only on: one website and one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, and Twitter, in each case, wholly-owned, operated, and controlled by the Business and (b) the right to advertise and promote the display of the Commercial Shoutout on the social media account through advertising only on the applicable social media platform. Commercial Shoutouts are licensed and are not sold. You may not sell, re-sell, or encumber your rights in any Commercial Shoutout. You may sublicense your rights in a Commercial Shoutout only to the extent necessary for you to use the Commercial Shoutout as permitted under these Additional Platform Terms of Use (for example, posting it as listed above). You may use a Commercial Shoutout only in accordance with the Platform Terms of Use and these Additional Platform Terms of Use, including the acceptable use restrictions in Acceptable Use of the Platform section of the Platform Terms of Use and these Additional Platform Terms. We may terminate all or part of the foregoing licenses at any time if you breach the Platform Terms or these Additional Platform Terms of Use.” We reserve the right to remove a Commercial Shoutout from our Platform at any time for any reason without any notice to you.

To request an additional 90-day period to use the Commercial Shoutout, contact us at hello@fanlove.ph.

You acknowledge that the FanLove watermark on each Commercial Shoutout must remain intact and you agree not to edit, change, modify, or remove the watermark from any Commercial Shoutout or assist or encourage any third party to do so.

You may not return or exchange a Commercial Shoutout and no refunds will be issued.

Each Celebrity sets their own price for a Commercial Shoutout request.

You acknowledge and agree that FanLove will not be liable or responsible for any Submission or any Celebrity’s content.

Representations and Warranties 

In addition to each of the representations and warranties contained in the Platform Terms of Use, you represent and warrant, for yourself and the Business that:the Business is located, and operates, in the Philippines and the Commercial Shoutout will be directed to a Philippines audience;

  • any information provided to Celebrity is factually correct and not misleading and is not disparaging or defamatory;
  • you and the Business will comply with all applicable laws, rules, and regulations, which may require adding an appropriate hashtag (e.g. #ad, #sponsored) or other disclosure to the Commercial Shoutout; and
  • you have all rights necessary (including from the Business) to request a Commercial Shoutout on behalf of the Business, to agree to the Platform Terms of Use and these Additional Platform Terms of Use on behalf of the Business, and to request and use the Commercial Shoutout as authorized in these Additional Platform Terms of Use, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.

Acceptable Use of the Platform 

You acknowledge and agree that you will not request a Commercial Shoutout: (i) for a Business or any other Recipient that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) disparages or defames any person, entity, brand, or business.

For each Commercial Shoutout, the following acceptable use provision applies and replaces “participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud” of the Platform Terms of use Platform Terms of Use with:

  • you will not use or authorize the use of any Commercial Shoutout for any purposes other than the purposes set forth in these Additional Platform Terms;

Changes to Additional Platform Terms of Use

From time to time, we may change these Additional Platform Terms of Use. If we do, we will give you notice by posting them on our Platform and updating the "Last Updated" date above. The revised Additional Platform Terms will be effective immediately. By requesting a Commercial Shoutout, or continuing to use a Commercial Shoutout, you represent and warrant that you have read, understand, and agree to these Additional Platform Terms.

 

Please print a copy of these Additional Platform Terms for your records and please check our Platform frequently for any changes to these Additional Platform Terms.

Promotional Offers

Offers may be used to purchase FanLove Videos from participating Celebrities only, subject to Celebrity’s discretion to decline a request. Availability is limited and booking is not guaranteed. May not be combined with any other code, offer, or discount. Not applicable for promotional requests. Void where prohibited by applicable law. Non-transferable. Subject to Terms of Service and Privacy Policy.

 

Celebrity Terms of Use

Last Updated: January 21, 2020

Welcome to the FanLove platform (“Platform”). Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Celebrities with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

These Terms apply solely to Celebrities of our Platform. Any use by you of our Platform other than as an Celebrity will be governed by the Platform Terms of Use. 

 

Your Obligations

Shoutouts: From time to time, a user of our Platform (“User”) may request one or more video recordings (each, a “Shoutout”) from you through our Platform. While we hope you will fulfill a request within 48 hours of receiving it, you may have up to seven days (at FanLove’s sole discretion) to complete and upload the Shoutout. If you do not either: (i) accept the request and upload the Shoutout; or (ii) decline the request within that time; the request will expire and can no longer be fulfilled (except that you may fulfill the expired request at no cost to the User and with no payment due from us). You may decline a request or otherwise refuse, in your discretion, to create or upload a Shoutout if a User’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to record and upload to our Platform one Shoutout. FanLove retains the right, in its sole discretion, to cancel any request from a User. We reserve the right to remove your Shoutout at any time for any reason. No payment will be made to you for any declined, cancelled, or unfulfilled Shoutout request. Each Shoutout will be approximately :30 in duration and will follow the general directions and requests of the User (for example, birthday message, congratulatory message, or “Good luck!” message). You will have sole discretion over the script and content of any Shoutout, except that you agree: (x) you will use your name (please introduce yourself), the User’s name, and, the name of any third party that the User identifies as a recipient (“Recipient”) in each Shoutout, unless otherwise requested by the User; and (y) you will not state in the Shoutout that the Shoutout is incomplete or cannot be completed. Your response to the User’s request is your responsibility and at your discretion, subject to these Terms; however, Users are usually happiest when at least the majority of their request is followed by an Celebrity. If you complete a Shoutout but do not follow the general directions and requests of the User, we will discuss with you an appropriate adjustment of the payment made to you. Your interactions with third parties, including Users, on or through our Platform, are solely between you and the third party; however, FanLove may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with FanLove if it does so. You acknowledge and agree that FanLove will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions. You agree to contact Users about Shoutouts only through our Platform.

Account set-up: In order to accept requests on our Platform, you agree to the Celebrity Terms of Use. In doing so, you agree to provide true, accurate, current, and complete information about yourself as well as any other information reasonably requested by us (collectively, “Account Data”), and maintain and promptly update the Account Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Platform account and your use of any part of our Platform. You agree not to use a false identity or provide false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organizations), or if you have previously been removed or banned from our Platform. You are responsible for maintaining the confidentiality of your Platform account information, including your username and password once this function is enabled. You are responsible for all activities that occur on or in connection with your Platform account and you agree to notify us immediately of any unauthorized access or use of your Platform account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Platform account.

Celebrity, age 18 or older: Celebrities who are at least 18 years old may register directly. By registering, you represent and warrant that: (A) you are at least 18 years old (B) you are of legal age to form a binding contract; (C) you are not barred from using our Platform under the laws of the Philippines, your place of residence, or any other applicable jurisdiction; and (D) you are responsible for complying with all applicable laws and regulations relating to Celebrity’s participation on our Platform and will fully indemnify the FanLove Parties (defined below) for any failure to do so.

  • Parent or Legal Guardian of Celebrity, under age 18: Celebrities who are under 18 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that: (A) he or she is the parent or legal guardian of the Celebrity and agrees to these Terms; (B) neither the parent or legal guardian nor the Celebrity is barred from using our Platform under the laws of the Philippines, the place of residence of the parent, legal guardian, or Celebrity, or any other applicable jurisdiction; and (C) he or she is responsible for complying with all applicable laws and regulations relating to Celebrity’s participation on our Platform and will fully indemnify the FanLove Parties for any failure to do so.
  • Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may register an Celebrity (“Represented Celebrity”). By registering, the Organization represents and warrants for itself and each Represented Celebrity that: (A) Organization is the authorized representative of the Represented Celebrity and (if any Represented Celebrity is below the age of 18, registering with any required consent of the Represented Celebrity’s parent or legal guardian) and agrees to these Terms; (B) neither the Organization nor the Represented Celebrity is barred from using our Platform under the laws of the Philippines, the place of residence of the Organization or any Represented Celebrity, or any other applicable jurisdiction; and (C) Organization is responsible for complying with all applicable laws and regulations relating to Represented Celebrity’s participation on our Platform under these Terms of Use and will fully indemnify the FanLove Parties for any failure to do so. In addition to these Terms of use, Additional Terms of Use (defined below) may apply. To register Represented Celebrity as an Organization, please contact hello@fanlove.ph.

Promotional Materials: At no cost to FanLove, you will provide to us the following promotional materials (“Promotional Materials”) within 72 hours of beginning the celebrity on-boarding process on our Platform: (i) if you would like us to promote your participation on our Platform, three high resolution images of yourself; (ii) your Platform profile bio; and (iii) a promotional video of approximately :15 in length to let your fans know that they can book you on our Platform. Please note that you will not be able to receive requests from Users until we receive your promotional video. From time to time we may request additional Promotional Materials from you for FanLove’s use to promote you on or in connection with our Platform or on any social media platform or third party website. Any other materials or photos of or concerning you that you approve for FanLove’s use will also be Promotional Materials under these Terms.

Fees and Payment

Fees: Other than with respect to an expired request that you choose to fulfill (as set forth in the Your Obligations section and subject to these Terms of use, we will pay to you 70% of the revenue received by FanLove for each Shoutout you created and delivered to fulfill to a User’s request that you accepted through our Platform. You will have the right to set your own price for each Shoutout, provided, however, that your price must be at least 50 PHP per Shoutout (unless otherwise agreed by FanLove). You represent and warrant that: (i) Shoutouts are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from FanLove to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Shoutout, payment from us to you, or our Platform; (ii) FanLove is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Platform; and (iii) FanLove is not responsible for any contributions, payments, taxes, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.

Payment: You agree to register with the third party payment provider selected by FanLove, which is currently Adyen.com; any payment provider is subject to change in FanLove’s sole discretion. You do not have the option to select a payment provider other than the one selected by FanLove. You agree to provide to the payment provider all information required by such payment provider in order to receive payments due via the payment provider. All payments will be in the currency you select with the payment provider. If you do not provide to the payment provider all required information, then you may not be able to receive the payments due to you. FanLove will not be responsible for any damages, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. Subject to the applicable payment provider’s terms, payment will be made to you by the payment provider within approximately two weeks of receipt by FanLove of payment from the User for each request for a Shoutout that you have fulfilled (as set forth in the Your Obligations section). You acknowledge and agree that no payment provider used by FanLove is operated, owned or controlled by FanLove, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. We are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Currently, FanLove will be responsible for fees, costs, and expenses incurred in connection with the use of Adyen.com. Unless otherwise agreed by FanLove, you acknowledge and agree that you are solely responsible for any other fees, costs and expenses incurred in connection with the use of a payment provider. Notwithstanding anything to the contrary contained in these Terms, if FanLove, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Platform, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, may have arisen out of or in connection with any such violation of law or regulation.

Charities: If you identify or request to identify any charitable entity on your booking page or identify your relationship with the charitable entity elsewhere on our Platform (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations that arise as a result of that identification (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification; (iii) represent and warrant that the Charity is in good standing at all times your identification is used, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms of Use). You further acknowledge and agree that we may add, in our sole discretion, to your booking page language similar to the following (subject to change in our sole discretion): “FanLove has no affiliation with, and does not endorse, [Charity]. Any payment or donation to [Charity] is the sole responsibility of [Celebrity’s name], and FanLove is not responsible or liable for same. Only [Celebrity’s name]’s portion of the fee paid to FanLove for a Shoutout will be donated to [Charity].” If you choose to participate in a promotion conducted by FanLove that involves a charitable entity, Additional Terms apply.

Celebrity Content

License Grant to Celebrity Content: Our Platform allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your Shoutouts and Promotional Materials (collectively, “Celebrity Content”). When you upload, submit, store, send, transmit approve, or receive Celebrity Content to or through our Platform, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Celebrity Content works better with our Platform or otherwise), and to use your Celebrity Content for the purposes of operating and providing our Platform, to develop and improve our products and services, and to advertise, market, and promote our Platform, products, and services, and you agree that such Celebrity Content may, in FanLove’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity or copyrighted materials. Please remember that third parties (including Users) may search for and see any Celebrity Content you submit to public areas of our Platform. You agree that we may display advertising with or in connection with your Celebrity Content. You further acknowledge and agree that FanLove has no obligation to you in connection with any advertising displayed on or in connection with our Platform (including no obligation to share any revenue received by FanLove as a result of any such advertising).

License Grant to Users: You hereby grant to User and the Recipient of the Shoutout a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Shoutout, in each case, solely in accordance with the Platform Terms of Use, in any and all media, whether now known or hereafter invented (including social media channels and third party websites and platforms).

Right to Remove Shoutouts: In some circumstances, we may need your authorization to remove a Shoutout from social media channels or third party websites or platforms and we will notify you of our intent to remove it. You hereby grant to us the right to act on your behalf in this regard.

Licenses: Please note that the licenses granted in this section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Celebrity Content, by us, Users, or third parties (including Recipients), other than the payment set forth in the Fees section under Celebrity Terms of Use. We may exercise our rights under this license anywhere in the world. We may sublicense our rights as needed to provide and promote our Platform or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Platform Terms of Use. Finally, the licenses granted in this section are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Platform.

Celebrity Content Representations and Warranties: You represent and warrant that:

  • you own all rights in and to your Celebrity Content and Feedback and that you have the right to grant the rights described in these Terms of Use;
  • you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Celebrity Content and Feedback by us, Users, or third parties (including Recipients) as described in these Terms of Use;
  • your agreement to these Terms of Use and the provision of any services by you does not violate any agreement that you may have with any third party;
  • your Celebrity Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property rights, privacy rights, publicity rights, moral rights, or other legal rights of any third party, or violate any law, regulation, or court order;
  • you will not post or make publicly available any Shoutout that the User has requested remain private and you will not ask us for permission to create or post same;
  • you will not contact, respond to or communicate with any User that you meet on or through our Platform, other than to deliver the Shoutout through our Platform;
  • you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms of Use;
  • you agree not to edit, change, modify, or remove the watermark from any Shoutout or assist or encourage any third party to do so;
  • you will not remake any Shoutout unless asked by us to do so.

Treatment of Celebrity Content: Any Celebrity Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Celebrity Content, including any personal information included in that Celebrity Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Platform or submit any Celebrity Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Celebrity Content. None of your Celebrity Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Celebrity Content.

  • Refusal and Removal of Celebrity Content: We may refuse to accept or transmit Celebrity Content for any reason without notice to you. We may remove Celebrity Content from our Platform for any reason without notice to you.
  • Cancellation of Platform Account: If you cancel your Platform account, you may, on at least three business days’ advance written notice to us, request that we no longer include your Shoutouts on our Platform and that we not make any new public use of them. You acknowledge and agree that we cannot restrict the use of your existing Shoutouts by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove any other uses of your Shoutouts (including from social media channels or third party websites or platforms).
  • Moral Rights: You hereby waive any and all moral rights or “droit moral” that you may have in Celebrity Content, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Celebrity Content. 

Ownership

Other than Celebrity Content, we or our licensors own all right, title, and interest in and to: (i) our Platform and the “look and feel” of our Platform, including all software, ideas, processes, data, text, media, and other content available on our Platform (individually, and collectively, “FanLove Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Platform, FanLove Content, and Marks, are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

FanLove desires to avoid the possibility of future misunderstandings when projects developed by us, our employees, or our contractors might seem to be similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that FanLove has no obligation (including no obligation of confidentiality or privacy) with respect to your Feedback, and you grant to FanLove a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

You hereby waive any moral rights you may have in any Feedback.

 

Additional Terms

Some products or services offered through the Platform may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless otherwise specified in such Additional Terms.

 

Eligibility

Age: You must be at least 18 years old to use our Platform. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may access and use our Platform only with permission from your parent or legal guardian.

Representations and Warranties: You represent and warrant that:

  • you have not been prohibited from using or accessing any aspect of our Platform by us or under any applicable law or regulation;
  • you will comply with all of the terms and conditions, as revised from time to time, of any third party payment provider selected by us, and you are not on a prohibited list of that third party payment provider;
  • if you include an animal in any Shoutout, you will cause no harm to the animal and will comply with all applicable laws and regulations;
  • we have not previously disabled any Platform account you created or controlled for violation of any law or regulation, the infringement of any third party right, or the violation of any of these Terms; and
  • you are not a convicted sex offender.

Export Control: You may not use, export, import, or transfer any part of our Platform except as authorized by Philippines law, the laws of the jurisdiction in which you use or access our Platform, or any other applicable laws. 

Acceptable Use of the Platform

Your Responsibilities: You are responsible for your use of any Shoutout, your Platform account, our Platform, and Celebrity Content. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful. You represent and warrant that in creating and using a Shoutout, your Platform account, our Platform, and Celebrity Content, you will not:

  • violate any law, regulation, or court order;
  • violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;
  • even if requested by a User: take any action that is or submit, post, share, or communicate anything that is or that incites or encourages action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
  • send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Platform, including from any User;
  • transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, threaten, or harm any third party;
  • impersonate any third party;
  • participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
  • use any means to scrape or crawl any part of our Platform;
  • attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another User) to protect us, our Platform, Users, Recipients, or any other third party;
  • access our Platform to obtain information to build a similar or competitive website, application, or service;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Platform; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any Shoutout includes use anywhere (on our Platform or otherwise).Investigations: You acknowledge and agree that we are not obligated to monitor access to or use of our Platform by you or third parties (including monitoring Celebrity Content), but we have the right to do so in order to operate our Platform, to ensure compliance with these Terms, to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process, or otherwise.

Copyright and Intellectual Property Policy

Termination Policy: If we determine that you are a repeat infringer of copyright, we may we terminate your access to our Platform and take other appropriate action in our sole discretion.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Platform, you agree to our  Privacy Policy.

 

Third Party Content and Interactions

Our Platform may contain features and functionalities that may link to or provide you with access to third party content, including Shoutouts, that is completely independent of us, including websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including Users, found on or through our Platform are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. If you become involved in a dispute as a result of any such interaction, you acknowledge and agree that we are under no obligation to become involved. You hereby release each FanLove Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Platform.

 

Independent Contractor

You and FanLove agree and declare that these Terms create an independent contractor relationship and it is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of FanLove, and will not represent yourself as such. You are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms. We have no right to, and will not, control the manner or determine the method of accomplishing your performance.

You represent and warrant that as between FanLove and you (whether a Celebrity, parent or legal guardian of a Celebrity, an Organization, Represented Celebrity, FanLove Partner, or otherwise), you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement benefits, unemployment insurance, and annuities, pension or welfare fund payments required by law or any labor union, and all withholding taxes, or income taxes, and make any reports required as a result of participation on our Platform under these Terms.

You will use your own equipment to perform your obligations under these Terms. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.

Your relationship with FanLove is non-exclusive, meaning that you can provide similar services to third parties and that we can and do engage third parties to provide similar services to those contemplated by these Terms.

Links

Our Platform may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of the platform or website before using it.

 

Changes to our Platform

We enhance and update our Platform often. You acknowledge and agree we may change or discontinue any aspect of our Platform at any time, without notice to you.

 

Termination and Reservation of Rights

You may stop using our Platform at any time. You may cancel your Platform account at any time by contacting a member of the FanLove team at hello@fanlove.ph. We reserve the right to terminate access to our Platform to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Platform automatically terminates.

 

Disclaimers

You acknowledge and agree that your use of our Platform is at your own risk and that our Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the FanLove Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.

In particular, the FanLove Parties make no representations or warranties about the accuracy or completeness of content available on or through our Platform or the content of any social media platform or third party website linked to or integrated with our Platform. You acknowledge and agree that the FanLove Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Platform; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Platform; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Platform.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Platform, including a User request, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Platform, including through a Shoutout, will create any warranty not expressly made by us.

You acknowledge and agree that when using our Platform, you will be exposed to content from a variety of sources, and that FanLove is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any FanLove Party with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any FanLove Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not FanLove has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by FanLove from you during the 12 months preceding the claim giving rise to such liability.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between FanLove and you.

Indemnification

You agree to indemnify, defend, and hold harmless FanLove and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors (each, a “FanLove Party, “ and collectively, “FanLove Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of these Terms by you or anyone using your Platform account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Platform account; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Organization or Represented Celebrity; (f) any Charity; (g) your status as a parent or legal guardian of a Celebrity; (h) Celebrity Content;(i) Feedback; (j) your eligibility with an association, group, authority, or organization referenced in the Eligibility Section; or (k) your participation in the Referral Program. FanLove will have the right to select counsel to be paid for by you in connection with any indemnification owed by you. You will reasonably cooperate with us in connection with this indemnification and any defense.

 

Other Provisions

Force Majeure: Under no circumstances will any FanLove Party be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any FanLove Party.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment: The failure by FanLove to enforce any right or provision of these Terms will not prevent FanLove from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Assignment: FanLove may, at any time, assign its rights and obligations under these Terms, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on our Platform and updating the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you are a new user of our Platform and will be effective 30 days after posting if you are an existing registered user unless you accept the revised Terms before that time. By continuing to use our Platform, you agree to the revised Terms.

 

Please print a copy of these Terms for you records and PLEASE check the Platform frequently for any changes to these Terms.

Additional Celebrity Terms for Commercial Shoutouts

Last Updated: January 21, 2020

By offering Commercial Shoutouts, you agree to these Additional Celebrity Terms of Use (which are described in the Celebrity Terms of Use section). Except as set out below, these Additional Celebrity Terms of Use will be governed by and are incorporated into the Celebrity Terms. Terms that are defined in the Celebrity Terms of Use section will have the same meaning in these Additional Celebrity Terms of Use.

Commercial Shoutouts

Celebrity Content

The following governs the rights that you grant in connection with each Commercial Shoutout and, for a Commercial Shoutout only, replaces the “License Grant to Users” section of the Celebrity Terms of Use:

License Grant to Users: You hereby grant to User and the Business: (i) a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Commercial Shoutout solely on: one website and one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, and Twitter, in each case, wholly-owned, operated, and controlled by the Business and (ii) the right to advertise and promote the display of the Commercial Shoutout on the social media account through advertising only on the applicable social media platform, solely in accordance with the Platform Terms and the Additional Platform Terms for Commercial Shoutouts ("Additional Platform Terms of Use") for 90 days from the date you fulfill the Commercial Shoutout request and for any additional 90 day periods to which you agree. You will promptly notify us if you learn that the Commercial Shoutout is being used in violation of the Platform Terms or the Additional Platform Terms for Commercial Shoutouts. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Commercial Shoutout that exceeds this license or otherwise violates the Platform Terms of Use or Additional Platform Terms of Use for Commercial Shoutouts.

The following governs the license that you grant in connection with each Commercial Shoutout and, for a Commercial Shoutout only, replaces the “Licenses” section of the Celebrity Terms of Use:

Licenses: Please note that the licenses granted in these Additional Celebrity Terms of Use are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Celebrity Content, by us, Users, or third parties (including the Business), other than the payment set forth in the “Fees” section of the Celebrity Terms of Use. We may exercise our rights under this license anywhere in the world. We may sublicense our rights as needed to provide and promote our Platform or otherwise in accordance with these Additional Celebrity Terms of Use, and Users may sublicense their rights subject to the Additional Platform Terms of Use. Finally, the licenses granted to FanLove in these Additional Celebrity Terms are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Platform.

You acknowledge and agree that FanLove will not be liable or responsible for any Celebrity Content or any Submission.

Celebrity Content Representations and Warranties

In addition to each of the representations and warranties contained in the Celebrity Terms of Use, including those in the “Celebrity Content Representations and Warranties” section;

  • any statements that you make in connection with the Business are factually correct and not misleading, are not disparaging or defamatory, and represent your true opinion; and
  • you will comply with all applicable laws, rules, and regulations, which may require adding an appropriate hashtag (e.g. #ad, #sponsored) or other disclosure to the Commercial Shoutout.

Changes to these Additional Celebrity Terms

From time to time, we may change these Additional Celebrity Terms of Use. If we do, we will give you notice by posting them on our Platform and updating the "Last Updated" date above. The revised Additional Celebrity Terms of Use will be effective immediately. By offering Commercial Shoutouts, you represent and warrant that you have read, understand, and agree to be bound by these Additional Celebrity Terms of Use. If you do not agree, you should not offer Commercial Shoutouts.

Additional Celebrity Terms for Analytics 

FanLove’s Analytics Platform (“FanLove Analytics”) enables brands, agencies and talent agents to build their own private influencer database and then create influencer marketing reports to measure return on investment, via influencer authentication.

Any arrangements between brands with respect to a Campaign (including, for example, engagement letters, fee arrangements or intellectual property agreements) must be arranged separately between the relevant brand and FanLove has no responsibility or liability to ensure that these are in place or complied with.

We will use commercially reasonable efforts to make the FanLove Analytics available pursuant to these Terms except for (a) planned downtime (with reasonable advance notice and to the extent practicable non-business hours); (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. FanLove reserves the right to modify the FanLove Platform from time to time and makes no guarantees as to the continuous availability of FanLove Analytics or of any specific feature(s) or functionality(ies) of the FanLove Analytics.

FanLove Analytics may (but we are not required to) enable your access to third party websites and applications, for example YouTube, Instagram, Facebook and Twitter. We do not control Other Applications. You are solely responsible for your use of the Other Applications, including compliance with all terms, rules and policies with respect to such Other Applications. Under no circumstances will we be liable in any way for Other Applications, including any inability or failure to enable access to Other Applications from FanLove Analytics.

FanLove Analytics accesses Youtube data via the YouTube API Services. By accessing YouTube data via the FanLove platform you are agreeing to be bound by YouTube's Terms of Service.



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