Terms of Use
FANFLY END-USER TERMS AND CONDITIONS
SECTION 1. INTRO.
Fanfly LLC (“Fanfly”) is the owner of the Fanfly website (www.fanfly.com) and Fanfly mobile applications and everything Fanfly (collectively, the “Fanfly Service”).
The Fanfly Service enables Fans (including You) to keep up to date with their favorite Artists and Bands and related events that may be of interest.
Please read these Terms of Use carefully. These Terms (also defined herein as “the Terms” or “the Agreement”) are a legally binding contract between You and Fanfly regarding Your use of the Fanfly Service.
By using the Fanfly Service, You agree to comply with these Terms of Use (as may be amended and updated from time to time without notice).
IF YOU ARE AN ARTIST, THE ADDITIONAL “ARTIST TERMS” SET OUT AT APPENDIX B SHALL APPLY TO YOUR USE OF THE FANFLY SERVICE.
Fanfly’s Privacy Policy is hereby incorporated into these Terms of Use by reference as though fully set forth herein.
SECTION 2. DEFINITIONS
Capitalized terms shall have the meaning given to them in this Article, whether they are used in plural or singular form:
Applicable Data Protection Laws: means any laws and regulations applicable to the Parties according to the nature of Personal Data processed and/or the location of where You access the Fanfly Service, including GDPR (where enacted);
Artist: means a musical artist who has signed up as an “artist” for the Fanfly Service;
Artists Terms: means terms and conditions governing the use of the Fanfly Service as set out in Appendix B;
Code of Conduct: means the code of conduct expected and required by Users of the Fanfly Service as set out in Appendix A;
Content: means all content published or made available by the Fan or an Artist on the Fanfly Service;
Fan: means the User (including You) who uses the Fanfly Service;
GDPR: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Parties: means the parties to the Agreement, i.e., Fanfly and You.
Personal Data or Personal Information: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Profile: means the Fan’s dedicated account and environment on the Fanfly Service.
User: means any visitor or registered person on the Fanfly Service.
SECTION 3: WHAT IS THE FANFLY SERVICE
The Fanfly Service allows Fans to access certain information and services provided by Fanfly, which may include the following:
Content published by Artists (e.g., access exclusive content, watch live performances, buy tickets to live events);
Information of concerts and other musical events and shows related to Artists (which may be based on Your location);
Messages from Artists that You follow;
Ability to chat and meet with fellow Fans;
Purchase tickets for musical events;
Do other fun things that we might add from time to time.
SECTION 4. YOUR USE OF THE FANFLY SERVICE
You understand and agree that:
You have read, understood, and agreed to these Terms and that Your use of the Fanfly Service is subject to these Terms;
You will not use the Fanfly Service fraudulently, or to hinder or alter its performance, in particular by introducing viruses, Trojan horses, worms, logic bombs, or any other program that may cause damage to the Fanfly Service and/or any Users;
When you sign up for the service, you will use and provide correct and accurate information regarding your identity.
You are of sufficient age in your country to enter into this Agreement.
You will comply with the Code of Conduct attached at Appendix A to these Terms.
If you are an Artist, the Artist Terms apply to Your use of the Fanfly Service.
If you upload Content to the Fanfly Service, you acknowledge and agree that:
By uploading Content to the Fanfly Service, you grant to Fanfly a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display the Content in connection with the Fanfly Service.
You will only upload Content that is owned by You or which You are otherwise authorized to upload. This means that you cannot and must not upload Content owned or controlled by other people;
Your submission, uploading, posting, emailing, displaying, transmission, and/or making available of the Content uploaded by You does not violate these Terms, or any rights of any other party or entity, any of his/her obligations, any law, rule, or regulation.
The Content uploaded by you shall comply with the Code of Conduct;
You hold and shall continue to hold all ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform the obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of the Content published on the Services.
If you purchase something (e.g., tickets) through the Fanfly Service, you acknowledge and agree that:
You may be able to purchase event tickets, order music-related merch, and/or other products through the Fanfly Service.
The item you are purchasing may use third-party providers (e.g., Ticketmaster), and all purchases made through these third parties may be subject to additional terms and conditions;
Fanfly is not responsible for and has no liability for goods or services that you may obtain through third-party providers on the Fanfly Service.
Registration
In order to access and use certain Content on the Fanfly Service, Fanfly may require that You register for the Fanfly Service, which may require (among other things) creating and/or providing a username and password combination.
When registering, You shall be responsible for ensuring that all information provided is truthful and accurate and that it will be maintained and updated appropriately to ensure its accuracy.
SECTION 5 - LICENSES AND INTELLECTUAL PROPERTY RIGHTS
Proprietary Rights of Fanfly
The Fanfly Service, all Content on the Fanfly Service, and all software, text, images, photographs, graphics, logos used in or on the Fanfly Service (together, “the Fanfly IPR”) are protected under domestic and international intellectual property laws. Fanfly is the owner of all Fanfly IPR and the Content, or has obtained the necessary authorizations and/or licenses from the holder(s) of such rights.
The Fanfly IPR shall remain the exclusive property of Fanfly or, where applicable, of their respective holders with which Fanfly has applicable licenses or other arrangements.
You shall not reproduce, modify, transmit, transfer, or exploit the Fanfly IPR without the prior agreement and authorization of Fanfly. Fanfly reserves any and all rights to seek any appropriate remedy if you do not comply with this provision.
Grant of License to You
Fanfly hereby grants to you a limited, revocable, and non-exclusive right to use the Fanfly Service as described and in accordance with these Terms. This license does not include (and you shall not do) the following:
Copy, reproduce, sell, issue, distribute, or modify any of Fanfly IPR;
Introduce content or materials on the Platform that modify or are likely to affect the Fanfly IPR by any means whatsoever;
Use Content related to Artists or other Fans other than in strict accordance with the Agreement;
Claims regarding intellectual property rights and Claims under Digital Millennium Copyright Act
If You believe that Your copyrighted work has been copied or used on the Fanfly Service in a manner that infringes Your intellectual property rights, You may inform Fanfly at the following address:
By email: community@fanfly.live
Alternatively, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following to Fanfly (at community@fanfly.live) with the following information in writing (see 17 U.S.C. §512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable Fanfly to locate the material.
Information reasonably sufficient to enable Fanfly to contact you, such as an address, telephone number, and, if applicable, email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Fan is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION 6 - REMEDIES FOR YOUR NON-COMPLIANCE WITH THESE TERMS
If Fanfly reasonably believes that You have breached any of these Terms, Fanfly may (in addition to any other rights and remedies it may have), at its own discretion and without the need for prior notice, do any or all of the following:
Refuse or cancel Your registration for Fanfly;
Temporarily or permanently suspend Your profile/registration on the Fanfly Service;
Close the Fan’s Profile on the Platform indefinitely;
Terminate your access to the Fanfly Service;
Temporarily or permanently delete any and all Content you uploaded to the Fanfly Service;
SECTION 7 - YOUR TERMINATION OF YOUR FANFLY ACCOUNT
You may close your account and registration for Fanfly at any time by logging into the mobile application. Select User Menu and then select Delete Account. Confirm the action to close and delete your account.
SECTION 8 - PROCESSING OF PERSONAL INFORMATION
Fanfly processes the Fan’s Personal Information according to the Privacy Policy which sets forth information regarding the Personal Information used, the purpose(s) for such use, the Fan’s rights to the processing of their Personal Information, the technical and organizational measures set out to protect their privacy, the recipients of the Personal Information, and other information as required by Applicable Data Protection Laws, including the CCPA (US) and the GDPR (EU).
SECTION 9 - SECURITY OF THE FANFLY SERVICE
Fanfly makes every reasonable effort to maintain the security and availability of the Fanfly Service, but Fanfly cannot and will not be held responsible for any errors, interruptions, lack of availability, or viruses on the Fanfly Service.
Fanfly reserves the right to modify, interrupt, suspend, or remove, temporarily or permanently, all or part of the Fanfly Service, without notice or compensation of any kind.
SECTION 10 - DISCLAIMER AND LIMITATIONS OF LIABILITY
THE FANFLY SERVICE, AND ALL CONTENT, PRODUCTS, INFORMATION, SERVICES AND POSTINGS MADE AVAILABLE ON, THROUGH OR IN
THE FANFLY SERVICE, AND ALL CONTENT, PRODUCTS, INFORMATION, SERVICES AND POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Fanfly makes no representation, warranty, or condition of any kind, express or implied, regarding any products or services ordered or provided via the Fanfly Service, and hereby disclaim, and you hereby waive, any and all representations, warranties, and conditions of any kind, express or implied, made in connection with product or services literature, frequently asked questions documents, advice, or information, whether oral or written, obtained by the Fan in connection with the Fanfly Service.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FANFLY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE FANFLY SERVICE OR FROM THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
SECTION 11 - INDEMNITY
You will indemnify, defend, and hold Fanfly harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) Your breach or violation of this Agreement or any applicable law, (b) any third-party claims regarding Your use of the Fanfly Service, and/or (c) Your Content uploaded on the Fanfly Service.
SECTION 12 - ARBITRATION, LEGAL PROCEEDINGS, GOVERNING LAW AND JURISDICTION
Agreement to Arbitrate
By using the Fanfly Service, You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or Your use of the Fanfly Service shall be resolved through binding arbitration, rather than in court.
Class Action Waiver
You agree that you will not participate in any class action lawsuit or class-wide arbitration against us, and you waive any right to bring a claim on a class basis. Any arbitration will be conducted on an individual basis only. You agree that there shall be no right or authority for any dispute to be arbitrated on a class basis or on behalf of any other individual or group of individuals. You acknowledge that this waiver prevents you from bringing, joining, or participating in any class action, representative action, or collective action regarding any disputes with us. You understand that this waiver is a material condition of your use of the Fanfly Service. If any provision of this class action waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be construed to reflect the original intent of the parties, and the remaining provisions shall remain in effect.
Governing Law
This class action waiver shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
If You reside in a country (e.g., Member State of the European Union) which has enforceable laws giving You the right to bring disputes to the national courts of his/her country, the provisions mentioned in this paragraph shall be subject to those local laws.
Appendix A
Code of Conduct for Fanfly
At Fanfly, we strive to create a welcoming and inclusive environment for all users. By participating in our community, you agree to adhere to the following guidelines:
Respect Others
Treat all users with kindness and respect.
Personal attacks, hate speech, and discriminatory comments will not be tolerated.
Stay On Topic
Keep comments relevant to the content of the post or discussion.
Off-topic comments may be removed to maintain focus.
Be Constructive
Provide feedback and opinions in a constructive manner.
Criticism should be aimed at ideas, not individuals.
No Spam or Self-Promotion
Avoid posting unsolicited advertisements, spam, or promotional content.
Self-promotion should be limited and relevant to the discussion.
Protect Privacy
Do not share personal information about yourself or others.
Respect the privacy of individuals mentioned in discussions.
Use Appropriate Language
Avoid using profanity, offensive language, or any form of vulgarity.
Aim for a professional and friendly tone in your comments.
Report Inappropriate Content
Help maintain the community by reporting any violations of this code.
Use the reporting tools available to flag harmful or inappropriate comments.
Respect Moderation Decisions
Our moderation team has the right to remove comments that violate these guidelines.
If your comment is removed, consider it a chance to reflect on the content and tone.
Encourage Healthy Discussions
Foster a culture of open dialogue and respectful disagreement.
Engage with others thoughtfully and considerately.
Follow Legal Guidelines
Ensure that your comments comply with all relevant laws and regulations.
Do not post copyrighted material without permission.
Consequences
Violations of this code of conduct may result in comment removal, temporary suspension, or permanent banning from the website, depending on the severity of the offense.
By participating in our community, you agree to uphold these standards and help make the Fanfly Service a better place for everyone.
APPENDIX B - THE ARTIST TERMS
THESE TERMS AND CONDITIONS APPLY IF YOU REGISTER FOR THE FANFLY SERVICE AS AN ARTIST.
DESCRIPTION OF THE FANFLY SERVICES AVAILABLE TO ARTISTS
The Fanfly Services allow Artists to access certain features, functionality, information, and services provided by Fanfly, which may include:
The ability to promote, market, display, message, and make certain information and content available to Fans regarding live concerts, performances, events, tickets, audio-visual content, and other related products and services.
Tools to allow for information about a musical event to be published on the Fanfly Service.
Tools enabling You to communicate and interact with Your Fans (such as electronic messaging systems to post news and other contents to Fans on the Fanfly Service);
Make available Content to wider audiences, ticket sales, and RSVPs for Your upcoming events.
REGISTERING AS AN ARTIST
In order to access and use certain content, features, and functionality of the Fanfly Service as an Artist, Fanfly requires that You provide Firefly with certain additional information to complete your Artist profile, which may include: professional email address, password, legal name, country of residence, location, status, and usage data.
The Artist represents and warrants that all registration and account information submitted and/or made available is truthful and accurate and that it will be maintained and promptly updated to ensure its accuracy.
The Artist is responsible for maintaining the confidentiality of the Artist credentials—i.e., login and password—and shall be responsible and liable for any access to or use of the Services through his/her Profile, whether the use or access is made directly by the Artist or by any third party using the Artist credentials, whether or not such access or use has been authorized by the Artist, including use of any Fee-Based Services (as hereafter defined).
PUBLICATION OF YOUR CONTENT
The Fanfly Service may allow the Artist to submit, post, email, display, transmit, or otherwise make available comments, reviews, links, materials, ideas, images, opinions, messages, and other content and information.
By uploading Content as an Artist to the Fanfly Service, You represent, warrant, and covenant that:
You own the Content published or are otherwise authorized to grant the rights, licenses, and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.
Your submission, uploading, posting, emailing, displaying, transmission, and/or making available of the Content does not violate this Agreement, any rights of any other party or entity, any of his/her obligations, any law, rule, or regulation.
You hold and shall continue to hold all ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform the obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of the Content published on the Services.