FansView Inc.
Mobile Application Terms of Service & User Agreement

LAST UPDATED [August 19, 2022]

Welcome to FansView!  These Mobile Application Terms of Service ("Terms") are a binding agreement between you ("User" or "you") and FansView Inc. ("Company"). These Terms governs your use of the FansView mobile application available through the Apple Inc. App Store (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON, OR OTHERWISE USING THE APPLICATION IN ANY MANNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

DISPUTE RESOLUTION NOTICE:  PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY.

1.               License Grant. Subject to the terms of these Terms, Company grants you a limited, non-exclusive, and nontransferable license to:

(a)              download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and

(b)             access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with these Terms and any other agreements referenced herein applicable to such Content and Services as set forth in Section 5.

2.               License Restrictions. You shall not:

(a)             copy the Application, except as expressly permitted by this license;

(b)             modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c)             reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d)             remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e)             rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;                                                                                                                                                                                                                                                                             

(f)              remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;

(g)             use access to the Application to build a similar or competitive application, product or service;

(h)             use any means to scrape, crawl or spider the Application or introduce software, including spyware, to collect data from the Application, including any user data; or

(i)              introduce or transmit any malicious software, including viruses or other technology that has the capability to disrupt, damage, destroy or interfere with, in any manner, computer hardware or software, the Application, Services or Content.

3.               Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

4.               Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy www.fansviewapp.com/Privacy By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5.               Content and Services. The Application may provide you with access to certain features, functionality, and content accessible on or through the Application (collectively, "Content and Services").

(a)             Free Access.  Subject to the Company’s right to create Updates (see Section 12 below), the Application provides free access to certain limited Content and Features.  These may include:

(i)              the option to set up a fan profile;

(ii)            access to (subject to a 24-hour delay after initial recording), and the ability to “like” and comment on the Company’s exclusive library of top-athlete interviews (“Interviews”),

(iii)          access to breakdowns of games by paying users of the Application (“Fan Breakdowns”), and the ability to “like”, comment and vote on which Fan Breakdowns are best;

(iv)           the ability to like comments from paying subscribers; and

(v)             access to game scores and updates through the Company’s data feeds.

(b)             Paying Subscribers.   Subject to the Company’s right to create Updates (see Section 12 below), by paying a monthly or annual subscription fee, in addition to the features available to free users above, you will have access to extra features.  These may include:

(i)              the opportunity to bid to become the interviewer in select Interviews;

(ii)            immediate access to Interviews when posted;

(iii)          the ability to co-create content by submitting and voting on questions that may be used in the Interviews;

(iv)           the opportunity to post Fan Breakdowns with the possibility to earn a free interviewer role if your Fan Breakdowns achieve top ratings;

(v)             secure chat with like-minded fans.

6.               General Use of the Application.

(a)             Accounts: 

(i)              In order to use the Application and the Services you must register and maintain an active user account (an “Account”).  You may only maintain one Account for your personal use.  Opening an account will require you to provide the Company with certain personal information, including your name, email address and other information required by the Company from time to time, and to create a password.  You agree (a) that all information you provide to the Company will be accurate, complete and up to date and you will promptly update such information as necessary, (b) to comply with all applicable international, federal, state and local laws and regulations in connection with your use of the Application and Services, (c) you may not select as a user name or identification a name that you have no rights to use, or use any other false information, and (d) not to create an account for another person or transfer your account to any other person without prior written permission.  You may not create an account if you have been previously banned from the Application.   

(ii)            If you fail to maintain complete, accurate and current information in your Account, or violate the terms of subsection (i) above, the Company shall have the right to block your access to the Application and Services and to cancel your Account. 

(iii)          You are responsible for maintaining the security and confidentiality of all passwords you use to access the Application, whether directly or through third-party networks.   You are responsible for all activity on your account.  You will immediately notify the Company of any known or suspected security breach including regarding your password and payment card information (whether by loss, unauthorized access or theft).  THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM YOUR FAILURE TO KEEP YOUR ACCOUNT SECURE, OR FOR THE ACTS OR OMISSIONS OF YOU OR ANY OTHER PARTY USING YOUR PASSWORD OR ACCESSING AND USING YOUR ACCOUNT.

(b)             User Profiles: You will have the option to create a user profile (a “Fan Profile”).  The profile may include, at your option, your name, a user name, a biography, an image and your posts to the site.  You may not use a user name that you do not have rights to use, nor may you use any other person’s name.

(i)              To become a free user, you will be required to submit your email address, and any, and create a password

(ii)            To become a paying subscriber, you will be required to submit additional information requested by the Company at the time you purchase a subscription.

(iii)          You acknowledge and agree that your Fan Profile will be publicly accessible and viewable as soon as created.

(c)             User Content

(i)              As part of the Services, the Company may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available through the Application, text, and information, including comments, Fan Breakdowns, chats, proposed questions for Interviews, suggestions and other feedback related to the Services, initiating support requests, and other purposes ("User Content"). “User Content” includes, without limitation, your username, other user profile information, and information regarding how you have used the Application and Services.  Any User Content provided by you remains your property.

(ii)            By providing User Content to the Company:

(A)            you grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license, to (i) use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity; (ii) freely use, incorporate and exploit all feedback and suggestions regarding the Company business, Application, Services, Content, affiliates and partners, in each case without notice, approval or compensation to you, and (iii) use all other rights necessary to incorporate and use feedback and suggestions for any reason or purpose; and

(B)           you hereby grant to each other user the following limited rights to use your User Content solely for their own personal, non-commercial, and non-promotional purposes: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, share, distribute, and publicly display User Content only on social media platforms and personal websites; in text and email messages; and in other personal storage media; and you may use User Content created by other users in the same manner.

(iii)          You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content you provide or you have all rights, licenses, consents and releases necessary to grant the Company the licenses to the User Content as set forth above; and (ii) neither your User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor the Company's use of such User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(iv)           As part of the Services, you may be permitted to post opinions, reviews and other ratings regarding Interviews, Fan Breakdowns, and other User Content.  Such opinions, ratings and reviews are also considered User Content and are governed by these Terms. The Company does not endorse any opinions, ratings or reviews, none of which represent the views of the Company, its affiliates or partners.  The Company does not assume liability for opinions, ratings or reviews, or for any claims, liabilities, or losses resulting from any opinions, ratings or reviews. Any opinions, ratings reviews or other User Content deemed inappropriate by the Company may be removed or excluded by the Company without notice.

(v)             User Content is the sole responsibility of the user who posts it on the Application.  You access such User Content at your own risk.  The Company does not warrant and is not responsible for any errors or omissions in any User Content, or for any damages or loss you suffer relating to it.  The Company cannot control how you interpret or use the User Content and you release the Company from all liability and losses you incur in connection with any User Content.  The Company cannot guarantee the identity of other users and is not responsible for which users gain access to the Application, Services and Content.  You should not take any action based on User Content without first seeking independent professional advice.

(vi)           The Company may, but is not be obligated to, review, monitor, change or remove User Content, at the Company's sole discretion, at any time and for any reason, without notice to you.  If the Company determines in its sole discretion that any of the User Content you provide is inappropriate, the Company may disable your ability to provide User Content and may restrict or terminate your access to all or a portion of the Application and Services.  With respect to any User Content, the Company will cooperate with local, state and federal governmental authorities to the extent required by law.

(d)             Chats and Comments.  The Company uses Get Stream as its vendor to manage chats and comments on Interviews and Fan Breakdowns in a secure environment.  All such activities will take place on Get Stream’s technology platform, not through the Company’s technology platform.  Your use of the Get Stream service is subject to Get Stream’s terms and conditions and privacy policies, which can be found at http://getstream.io/legal.  You agree that the Company has no liability to you and you will hold the Company harmless for any losses or liabilities you incur through the use of Get Stream’s services.

(e)             Disputes Between Users.  You agree that the Company has no obligation to become involved in any dispute between you and any other user or other third parties utilizing the Application and you release the Company from any liability or loss you incur in connection with any such dispute. 

7.               Copyright Violations We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application or otherwise through the Services infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) your physical or electronic signature, (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works, (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Pina Campagna- pcampagna@carterdeluca.com
FansView INC
125 W 25th Street, New York NY 10001
Privacy@FansViewApp.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

8.               Fees and Payment.

(a)             Fees.  Fees for various Services, if any, are found on the Application when you create an account, when you subscribe, and when you elect to access other select Services that incur additional fees.  Purchases can be made by clicking on the service or subscription term you wish to subscribe to and then following the prompts that appear on your screen.  Fees will be based on the type and duration of the service you are purchasing.  You hereby agree to timely pay all such fees.  All fees are non-refundable unless explicitly permitted, subject to applicable conditions, in connection with your purchase of certain select Services.

(b)             Auto-Renewals.  Basic subscriptions fees will automatically be renewed at the end of the subscription term you selected.  Fees for such renewals will be charged to the credit or debit card you link to your account.  If you wish to opt-out, you must cancel through your account with the Application, at least ___ days prior to the termination of the existing subscription term.  Company may change fees for subscriptions upon notice to you. If you do not wish to pay the new fees your only remedy will be to cancel your current subscription prior to the expiration of your then-current subscription.  Your non-termination or continued use of a subscription reaffirms that Company is authorized to charge your payment card for the applicable subscription fees. We may submit those charges for payment and you will be responsible for such charges.

(c)             Payment Card Fees.  You are responsible for all payment card processing fees incurred in engaging in any transaction on the Application.

(d)             Payment Processing. 

(i)              All processing of payments related to subscriptions and purchases other than bidding to conduct Interviews are done through Apple.  Your use of Apple payment processing services is subject to Apple’s terms and conditions and privacy policies, which can be found at apple.com/legal.  You agree that the Company has no liability to you and you will hold the Company harmless for losses or liabilities you incur through the use of Apples’s services.

(ii)            All payments related to bidding to conduct Interviews are processed through our payment processing vendor, Braintree.  Your use of Braintree payment processing services is subject to Braintree’s terms and conditions and privacy policies, which can be found at braintreepayments.com/legal.  You agree that the Company has no liability to you and you will hold the Company harmless for losses or liabilities you incur through the use of Braintree’s services.

(e)             Billing Information.  You must provide current, complete, and accurate information for your billing account and update your account as required. You must promptly notify Apple and Braintree if your payment card is cancelled (e.g. for loss or theft), or if you become aware of a potential security breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your subscription under your billing account unless you have terminated your subscription beforehand.

(f)              Company reserves the right to cancel your request for any paid Service if your payment is declined or you have been removed from the Application for any reason.  Company reserves the right to change any fees and payment processing procedures at any time in its sole discretion, effective immediately after notice thereof through posting on the Application or by any other means.

(g)             Company will collect any sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you if required in connection with any of your purchases on the Application.   Sales Tax will be in addition to the fee for your purchase. If you do not remit Sales Tax to Company, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority.  You hereby indemnify Company for any liability or expense Company may incur in connection with the payment of Sales Taxes on your purchases. At Company’s request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes.

(h)             Questions regarding payments or payment card charges should be sent to Payments@fansviewapp.com.  Company has sole discretion in the manner in which any payment dispute between you and Company is settled.

9.               Bidding for and Conducting an Interview - Terms and Conditions.  If you subscribe to a user tier that permits participation in bidding for the right to conduct an Interview, all such bids, and conduct of each Interview by the winning bidder or other user awarded the right to conduct an Interview (each an “Interviewer”), are subject to the terms and conditions set forth in this Section 7.  SECTION 7(C) HEREOF PROVIDES THE COMPANY WITH INTERVIEWER’S ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT INTERVIEWER’S NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT THEREIN. BY CONDUCTING AN INTERVIEW, INTERVIEWER ACKNOWLEDGES THAT INTERVIEWER HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS SECTION 7, AND THAT INTERVIEWER IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY WITH RESPECT TO THE SUBJECT MATTER OF SECTION 7(C), AND THE OBLIGATION TO INDEMNIFY THE COMPANY FOR ANY BREACH OF THE TERMS OF SECTION 7(C) BY INTERVIEWER.

(a)             Bidding:

(i)              Prior to bidding, each user contemplating making a bid will be prompted to:

(A)           Identity Verification.  Complete a one-time verification of their identity through the Company’s identity verification vendor, Trulioo.  All information submitted in the verification process will be located on Trulioo’s servers and will not be held by the Company.  Your use of the Trulioo service is subject to Trulioo’s terms and conditions and privacy policies, which can be found at https://www.trulioo.com/privacy.  You agree that the Company has no liability to you and you will hold the Company harmless for losses or liabilities you incur through the use of Trulioo’s services.

(B)           Charges.  Pre-authorize a payment card that will be charged a service fee for participating in the bidding as listed in the Application bidding function, and will be charged the amount of the winning bid if such user makes the winning bid.  All service charges are non-refundable unless the applicable Interview is cancelled by the Company or the prospective athlete interviewee.  In addition, an authorization charge will be reserved against the bidders’ payment cards for each bid, provided that authorization charges will be released at the end of the bidding except for the authorization charge assessed against the winning bid.  Pre-authorization and all payment processing will be managed by the Company’s payment processing vendor, Braintree.   Your use of the Braintree service is subject to Braintree’s terms and conditions and privacy policies, which can be found at braintreepayments.com/legal.  You agree that the Company has no liability to you and you will hold the Company harmless for losses or liabilities you incur through the use of Braintree’s services.

(ii)            Bidding Period.  Bidding for each event-related Interview will open 72 hours before the event and close approximately 5 minutes after the event has concluded.  The winning bidder will be notified promptly after the bidding closes and will be provided the link to access the electronic interview room.

(b)             Conducting the Interview

(i)              Interviewer’s Timing Obligations. Shortly after the event the athlete interviewee will send notice that he/she will be ready to be interviewed either 30, 60 or 90 minutes after notice.  It is the responsibility of the winning bidder (an “Interviewer”) to be prepared to conduct the Interview at the designated time.  Interviewer should therefore be online and ready to conduct the Interview at least 5-10 minutes prior to the scheduled time.  As the athlete’s time is extremely limited, if Interviewer is more than one minute late, he or she will lose the right to interview and the Interview will be conducted by the Company.  In such event, neither the authorization charge nor the amount of the winning bid will be refunded to Interviewer.

(ii)            Mobile Device and Wifi/Cellular Connection.  The Interview will be conducted by Interviewer using Interviewer’s mobile phone.  Interviewer is responsible for ensuring that his/her wifi or cellular connection is strong and stable enough to maintain the interview room link.  There will be no refunds if the Interview fails because of Interviewer’s inadequate wifi/cellular connection.

(iii)          Interviewer’s Location.  It is the responsibility of the Interviewer to locate him/herself in a quiet space suitable for conducting the Interview where Interviewer can hear and be heard.  You must be located in the United States at the time you bid and conduct the Interview.

(iv)           Interview Questions.  There will be a Company pre-approved set of questions that the Interviewer must limit him/herself to asking during the Interview.  The Interviewer will have the opportunity immediately after bidding closes to submit questions for inclusion in the pre-approved question set.  If Interviewer asks questions that have not been pre-approved, he or she will be immediately barred from the Interview room and from conducting the remainder of the Interview, which will be conducted by the Company.  There will be no refunds if the Interviewer is barred for asking questions not included  in the pre-approved question set.

(v)             Camera.  The camera on the Interviewer’s mobile device must be turned on at all times during the Interview.

(vi)           Code of Conduct.  Interviewer must comply with the following:

(A)           Interviewer may not use profanity, use threatening or hateful language, or say or otherwise promote abuse, harassment, violence, racial intolerance, illegal activity, or that is libelous or defamatory.

(B)           Interviewer may not display nudity, pornography, sexually explicit material, illicit drugs, drug paraphernalia or any anything else likely to offend general community standards.

(C)           Interviewer may not display during the Interview any trademarks, logos or other symbols for which Interviewer has not received prior express consent of the trademark owner to use during the Interview

(D)           No person other than the Interviewer shall be visible from Interviewer’s mobile device during the course of the Interview. 

Violation of any term of this code of conduct by Interviewer will result in immediate termination of Interviewer’s participation in the applicable Interview without refund of any kind whatsoever.

(c)              Assignment or Waiver of Certain Interviewer Rights. Interviewer hereby acknowledges and agrees that the tangible and intangible value of the opportunity to conduct an Interview substantially exceeds the amount of Interviewer’s winning bid for the Interview.  In consideration of such excess value, Interviewer grants to the Company the following rights:

(i)              Interviewer irrevocably grants Company permission to film, record, and photograph the Interview (the "Recording”), and to use the Interview, the Recording, and Interviewer’s name, likeness, and other personal characteristics and information in connection with the Interview, according to the terms and conditions set forth in this Section 7(c).

(ii)            Interviewer hereby irrevocably permits, authorizes, and licenses Company and its affiliates, successors, licensees, employees, officers, directors, agents, and assigns ("Authorized Persons") to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use and distribute, and permit others to use and distribute the Interview and the Recording, including but not limited to Interviewer’s name, image, likeness, appearance, and voice as they appear in the Interview and the Recording, on a perpetual basis throughout the world, in any medium or format whatsoever whether now existing or hereafter created, including without limitation internet streaming and downloading, websites, other digital transmission methods, mobile applications, television broadcast, cablecast, satellite, home video, video on demand, pay television, pay-per-view, radio, and print publications on any platform whatsoever whether now existing or hereafter created, including without limitation televisions, computers, and mobile devices, and in connection with any and all ancillary products, including without limitation merchandise, books, and software applications, without further consent from or any royalty, payment, or other compensation to Interviewer.

(iii)          Further, Interviewer hereby irrevocably permits, authorizes, and licenses Company and the Authorized Persons to use and distribute, and permit others to use and distribute, Interviewer’s name, likeness, appearance, voice, professional and personal biographical information, signature, and other personal characteristics, and all materials created by or on behalf of Company that incorporate any of the foregoing ("Materials"), in connection with the Interview and advertising and promotion of the Interview and advertising, publicity, and promotion of the Company and it’s affiliates and their businesses, products, and services, on a perpetual basis throughout the world, in any medium or format whatsoever whether now existing or hereafter created, including without limitation internet streaming and downloading, websites, other digital transmission methods, mobile applications, television broadcast, cablecast, satellite, home video, video on demand, pay television, pay-per-view, radio, and print publications, on any platform whatsoever whether now existing or hereafter created, including without limitation televisions, computers, and mobile devices, and display, point-of-sale, direct mail, and other advertising and promotional platforms and methods, without further consent from or any royalty, payment, or other compensation to Interviewer.

(iv)           Interviewer agrees that Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Interview, the Recording, and the Materials, including without limitation all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. In furtherance of the foregoing, Interviewer hereby does, (a) assign, transfer, and otherwise convey to Company, irrevocably and in perpetuity, throughout the universe, all of Interviewer’s right, title, and interest, if any, in and to the Interview, the Recording, and the Materials, including without limitation all copyright and other intellectual property rights (which shall include, without limitation, all registration, renewal, and reversion rights) and the right to register and sue to enforce such copyrights against infringers; and (b) irrevocably waive any and all claims Interviewer may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral in the Interview, the Recording, and the Materials.

(v)             Interviewer acknowledges and agrees that Interviewer has no right to review or approve the Interview, the Recording, or the Materials before they are used by Company or at any other time, and that Company has no liability to Interviewer for any editing or alteration of the Interview, the Recording, or the Materials, or for any distortion or other effects resulting from Company's editing, alteration, or use of the Interview, the Recording, or the Materials, or Company's presentation of Interviewer. Any acknowledgment or credit accorded to Interviewer in connection with the Interview or the Materials will be determined by Company in Company's sole discretion.

(vi)           To the fullest extent permitted by applicable law, Interviewer hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Section 7(c) and the use and exploitation of the Interview, the Recording, and/or the Materials, and whether resulting in whole or in part by the negligence of Company or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims. Interviewer understands that Company is relying on the terms of this Section 7(c)  and will incur significant expense in reliance on this Section 7(c), and Interviewer agrees that this Section 7(c) cannot be terminated, rescinded, or modified without the Company’s consent. Interviewer waives Interviewer’s right to injunctive and other equitable relief in the event of a dispute with Company. Interviewer will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Interview, the Recording, or the Materials.

(vii)         Interviewer represents and warrants to Company that Interviewer is at least 18) years of age, and has full right, power, and authority to enter into these Terms and to and grant the rights granted hereunder. Interviewer further represents and warrants to Company that Interviewer will provide only true and correct information in the Interview and that Interviewer’s participation in the Interview, and the Authorized Persons' use of the Interview, the Recording, and the Materials, and the rights and license granted hereunder, do not, and will not, violate any right of, or conflict with, or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required. Interviewer agrees to defend, indemnify, and hold harmless the Authorized Persons from and against all Claims by third parties resulting from Interviewer’s breach of the terms of this Section 7(c) or any of the foregoing representations and warranties.

10.            Additional User Obligations.  You agree that you will comply with the following requirements in connection with every use by you of the Application:

(a)             You may not access the Services and Content other than through you own account.

(b)             You will not jeopardize the security of the accounts, passwords and other security information of any other user;

(c)             You will not use the Application in a manner, including by contributing User Content, that violates any law, regulation or third party intellectual property rights, privacy rights, rights of publicity, moral rights or other rights, including the rights of the Company.

(d)             You will not engage in any illegal activity or fraud, including money laundering.

(e)             The Company encourages its users to engage in thoughtful, constructive and passionate opinions, ratings, reviews and other feedback.  Nevertheless, may not take any action, submit, post, share or otherwise communicate anything, including User Content, that targets children under the age of 13 or that includes, supports or consists of any of the following: personal attacks, abuse, harassment, threats, stalking, hate, excessive profanity, violence, racial intolerance, illicit drugs, drug paraphernalia, pornography, sexually explicit material, or any other content that promotes intolerance or illegal activity, or that is libelous, defamatory, or is otherwise objectionable, offensive or harmful, as determined by the Company in its sole discretion, whether or not such material may be protected by law.

(f)              You may not use a false identity, impersonate anyone, or provide false or misleading information.

(g)             You may not send, including by means of User Content, political or religious messages, advertising, marketing or other commercial communications, or any unauthorized or unsolicited messaging, including spam, including any solicitation of Application users to use any other business or service.

(h)             You may not copy or store a significant amount of Content.

(i)              You may not induce, encourage or assist anyone to do any of the foregoing.

Violation of any of the foregoing is grounds for termination of your account and your right to access and use the Application.

11.            Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws and regulations.

12.            Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a)             the Application will automatically download and install all available Updates; or

(b)             you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.

13.            Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.  When you leave the Application to access Third-Party applications, products and services, your rights will be governed by the terms of use and other policies governing such materials, which you are advised to read.  By using the Application, you release the Company and hold it harmless from any and all liabilities or damages you incur through your access of any Third-Party Materials.   

14.            Term and Termination.

(a)             Term.  The term of these Terms commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section 14.

(b)             Termination by You.  You may terminate these Terms at any time by deleting the Application and all copies thereof from your Mobile Device.  Any fees paid to the Company prior to termination, even if applicable to periods after such termination, are non-refundable.

(c)             Termination by Company.  Company may terminate these Terms or suspend your access to the Services and Content or your account for any reason in our discretion with or without cause including (i) if you have breached any of the terms and conditions of these Terms (including without limitation, failure to pay any amounts when due), which breach will be determined by the Company in its sole discretion, or (ii) if Company ceases to support the Application, which Company may do in its sole discretion.  Upon any breach of these Terms by you, Company may at its discretion, with or without notice, take any action it deems necessary, including without limitation:

(i)              issuing a warning;

(ii)            blocking all or selected functionality related to the Services and Content;

(iii)          instituting legal proceedings or proceedings for injunctive relief against you;

(iv)           disclosing all relevant information to law enforcement and regulatory agencies.

(v)             destroying any User Content produced by you.

(d)             Consequences of Termination.  Upon termination:

(i)              all rights granted to you under these Terms will also immediately terminate; and

(ii)            you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account; and

(iii)          you must promptly pay all outstanding amounts due to the Company.

Termination will not limit any of Company's rights or remedies at law or in equity.

(e)             Survival.  Any of the terms and conditions of these Terms that by their nature should survive termination of these Terms between you and the Company, shall survive.

15.            Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR BE COMPATIBLE WITH YOUR MOBILE DEVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16.            Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a)             PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b)             DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION (NOT INCLUDING THE AMOUNTS OF WINNING INTERVIEW BIDS, IF ANY) AND $50.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

17.            Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the User Content you submit or make available through this Application.

18.            Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

19.            Applications Acquired from Apple.  The following applies if you acquire the Application from the Apple App Store (“Apple-Sourced Apps”):

You acknowledge and agree that these Terms are solely between you and the Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Apps or content thereof. Your use of the Apple-Sourced Apps must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Apps. In the event of any failure of the Apple-Sourced Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Apps; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to the Company as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Apps or your possession and/or use of the Apple-Sourced Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by these Terms and any law applicable to the Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Apps or your possession and use of that Apple-Sourced Apps infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Apple-Sourced Apps, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Apps.

20.            Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

21.            Dispute Resolution - Arbitration; Class Action Waiver; Time Limitation for Bringing Claims. 

You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms, or that in any way relate to your use of the Application and Services, and/or content on the Application or any other dispute with the Company, shall be submitted exclusively to binding arbitration. This means that an arbitrator and not a judge or jury will decide the dispute. Arbitration may limit the right to request and receive information from the opposing party and rights of appeal may also me limited as compared to proceedings in a court of law.  You acknowledge and agree that you and THE COMPANY are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. In addition, unless the Company agrees in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Notwithstanding the foregoing, each party retains the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.  You further acknowledge that any claim arising under these Terms must be brought within twelve months of its accrual or it will be waived. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, as well as all threshold arbitrability issues, including whether these Terms to Arbitrate section is unconscionable and any defense to arbitration.

(a)        Arbitration Rules

The parties shall use their best efforts to settle any dispute, claim, question or disagreement arising out of these Terms directly through good faith negotiations.  If such negotiations do not settle the dispute, it will be settled by binding arbitration, which may be initiated by either party.  The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Agreement to Arbitrate” section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rules (together, the "Applicable AAA Rules").(The Applicable AAA Rules are available at https://www.adr.org or by calling the AAA at 1-800-778-7879.)   You agree that these arbitration provisions relate to transactions in interstate commerce and therefore that the Federal Arbitration Act (“FAA”) will govern the validity, interpretation and enforcement of this entire “Agreement to Arbitrate” section, notwithstanding any other choice of law provisions in these Terms.   It is the intent of the parties that the FAA and the Applicable AAA Rules shall preempt state law to the fullest extent permitted by law.

(b)        Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within seven (7) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

(c)        Arbitration Location and Procedure

Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $15,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $15,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

(d)        Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. The Company will not seek, and hereby waives, all rights The Company may have under applicable law to recover attorneys' fees and expenses if The Company prevails in arbitration except as set forth under “Fees” below.).

(e)        Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the Applicable AAA Rules. However, if your claim for damages does not exceed $75,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(f)         Changes

The Company reserves the right to change this "Agreement to Arbitrate" section.  If the Company changes this "Agreement to Arbitrate" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you agree that your continued use of the Application after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing the Company written notice of such rejection by mail or hand delivery to: the Company, Attn: Dispute Resolutions, 125 West 25th Street, New York NY 10001, or by email from the email address associated with your account to: privacy@fansviewapp.com within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this "Agreement to Arbitrate" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms, as applicable).

(g)        Small Claims Court; Infringement. Either you or the Company may assert claims, if they qualify, in small claims court in New York City, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(h)        Opt-Out.  You have the right to opt out of the terms of this Section by sending written notice of your decision to opt out to the following address: 125 West 25th Street, New York NY 10001 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(i)         Exclusive Venue. If you send the opt-out notice in (h), and/or in any circumstances where the foregoing arbitration agreement permits either you or the Company to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Manhattan County, New York, or the federal district in which that county falls.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(j)         Severability and Survival.

If any provision of this "Agreement to Arbitrate" is held to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall be deemed modified to the extent of such invalidity, illegality or unenforceability and neither (a) the remaining provisions, nor (b) the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the "Agreement to Arbitrate", shall be affected.  Notwithstanding the foregoing, to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.  Except as provided in the preceding sentence, this "Agreement to Arbitrate" section will survive any termination of these Terms.

22.            Governing Law. These Terms are  governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

23.            Entire Agreement. These Terms, our Privacy Policy, and the other Company policies and procedures for which links are provided herein constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

24.            Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.

25.            Questions, Complaints and Claims about the Application: If you have any questions, complaints or claims about the Application, please contact the Company at:

FansView Inc.
125 West 25th Street
New York, NY 10001
Email: Privacy@FansViewApp.com

26.            Changes to the Terms. 

(a)             As the Application, Services and Content change, these Terms may need to change as well.  We reserve the right to change the Terms at any time.  If we make any changes we will place a notice on the Application or by other means at the discretion of the Company.

(b)             If you do not agree with any new Terms, you may reject them.  However rejection of such new Terms means that you will lose your ability to utilize the Application and you must delete the Application from your mobile device. IF YOU USE  THE APPLICATION AFTER ANY CHANGE IN THE TERMS, IT MEANS YOU AGREE TO SUCH CHANGE.