Terms and Conditions
Welcome to Fanatiz™! We are excited to provide you with access to the services described below for your personal enjoyment, subject to these Terms and Conditions (" Terms"). Please read these Terms carefully, as they affect your legal rights and obligations.
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTION "ARBITRATION" TO LEARN MORE.
Description of Services and Acceptance of Terms
PLEASE CAREFULLY READ THESE TERMS. BY USING THE SERVICES OR BY INDICATING YOUR ASSENT TO THESE TERMS BY REGISTERING YOUR ACCOUNT, CLICKING "I ACCEPT" OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES OR REGISTER AN ACCOUNT.
We occasionally update these Terms based on changes to the Services or other factors. Any updates made to the Terms go into effect once they are posted. We will communicate any material changes made to these Terms. The date that these Terms were last modified can be found at the end or beginning of these Terms. By using the Platform, you are agreeing to the Terms, as modified from time to time. If you do not agree to the Terms, you may not use the Platform.
- Age Limitations. You will only access or use the Platform and transact business with us if you are at least 18 years old, or the legal age of majority in your state or territory. Individuals under the age of 18, or the legal age of majority in your state or territory, may only utilize our Services with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
- Personal Use Only. Your use of our Services is for personal and non-commercial use only. You may register up to seven (7) internet connected devices per account. However, only one active session at a time is permitted.
- Compliance with Terms. You will comply with and be bound by these Terms as they appear on the Platform each time you access and use the Platform. Each use of the Platform by you indicates and confirms your assent and agreement to be bound by these Terms.
- Geographic Restrictions. You will only be able to view the Content in the geographic locations where we have a license to stream such Content. Due to licensing restrictions, we geo-restrict the Content, so some Content can only be accessed from certain parts of the world.
- Content Limitations. Available Content will be periodically modified. The Content available to you varies based upon your membership or continuous subscription, or one-time payment. In addition, the periods during which you can view each Content vary based on the rights available for each Content and the terms of your membership or subscription, or one-time payment. Please read carefully the description provided with each Content, membership or subscription, or one-time payment. Such Content limitations and Content availability is subject to change from time to time, at our discretion.
- Live Content Availability and Blackouts. Live Content may be subject to blackouts. For instance, if you are in a city or region that is the same as a team that is playing in a game, then the game may be blacked out for viewing as part of your subscription or membership.
- Advertisements. Certain Content may be ad-supported and that Content may change from time to time. We do not endorse any third-party advertiser, product or service featured on the Platform. We are not responsible for any such third-party advertiser, product or service. Any interactions between you and an advertiser as a result of using the Platform will be between you and such advertiser. We are not responsible for any transaction between you and an advertiser featured on the Platform, or the provision of your personal information to such advertiser. We are not liable for any claim or loss that may result from your engagement with any advertiser.
We strive to keep our Services safe for all of our Users. You agree to observe all restrictions identified in these Terms, including without limitation using the Services or the Platform:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to bypass, modify, defeat or alter any of the functions or protections of the Services, including the use of any technology or technique to hide, obscure, modify or bypass your location when you are accessing the Services; (i) to access to the Services from geographic locations where we do not have rights, and are not offered by the Services, or where we do not make the Services available; (j) to collect or track the personal information of others; (k) to spam, phish, pharm, pretext, spider, crawl, or scrape; (l) for any obscene or immoral purpose; (m) to overburden or damage Fanatiz™ equipment or software; (n) to send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act; or (o) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate, cancel or suspend your use of the Service or any related website for violating any of the prohibited uses.
Computer and Mobile Device Requirements
To access the Platform, you will need to use a computer, mobile device, streaming media player, or other device that meets the Platform's system and compatibility requirements (which we may update from time to time). Features and functionalities that we make available through the Platform may differ by device. You will also need a high-speed internet connection for your compatible device. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile device and software. You are also responsible for the Internet connection and any costs associated with your internet service. We are not responsible for any errors, failures, or malfunctions of your computer, mobile device or software, or due to the Internet connection. From time to time the Platform may be unavailable for any reason, including, without limitation: (a) equipment malfunctions; (b) our periodic maintenance procedures or repairs; or (c) causes beyond our control or which we cannot reasonably foresee.
You are responsible for ensuring that your computer, mobile device and software are compatible with our Platform. We reserve the right to change the system requirements for using the Platform.
Image quality of the Content may vary from computer to computer, from device to device, and it may be affected by several factors, such as location, available bandwidth or the speed of your Internet connection. Fanatiz™ makes no representation or warranty regarding the Services' quality through your screen. The time it takes to start viewing any Content will vary according to several factors, including the place you are located at, the bandwidth available at that time, the Content you select and the configuration of your device for Fanatiz™.
From time to time, we may choose to make available updates, bug fixes, or other changes or enhancements to the Platform. Please note that the Platform may be unavailable during such service updates.
Subscriptions and Pricing
Membership or continuous subscription. We may offer paid plans and/or free plans. If you are subscribed to a plan, your membership or subscription to Fanatiz™ will be renewed on a monthly or annual basis in advance, or on the periodicity set forth for the selected plan, as applicable, until you cancel your membership or subscription, or until your account is suspended or terminated pursuant to these Terms. We reserve the right to change the terms of your subscription, including price (if applicable), from time to time. We will give you advance notice of any changes in price (if applicable), which will become effective on your next billing cycle (if applicable) after we notify you.
You must have an accepted and valid payment method, to be indicated at the time of subscription (for example, credit card). Fanatiz™ will charge the applicable membership or subscription fee through your registered payment method.
Differences in memberships or subscriptions. Fanatiz™ reserves the right to offer several membership or subscription plans, including special promotion plans or membership or subscriptions with different conditions and limitations, including free plans. You can find the specific details by visiting our website. Some of these promotional memberships or subscriptions may be offered through third parties, along with the provision of our products and services. Fanatiz™ shall not be liable for the products and services provided by said third parties. Fanatiz™ reserves the right to amend, unilaterally terminate or in any other way terminate the membership or subscription plans we offer.
Pay Per View and On-Demand Content. In addition to membership or continuous subscriptions, Fanatiz™ may offer Pay Per view Content or On-demand Content at prices set forth in our website for each such Content, which may be subject to particular terms and conditions set forth in our website. The Pay Per View Content or On-Demand Content may be subject to changes in programming, time or date, among others, without prior notice.
Promotions. If we offer you a promotion (e.g., a promotional price, referral awards, discount code or bundled subscription), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your payment method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
Gift Subscriptions. We may offer gift subscriptions for purchase on our Platform. If you purchase a gift subscription, we will bill your payment method on record. The purchase and/or exchange of gift subscriptions will be made in accordance with the terms established by us. Any promotions or gifts may only be used once, and cannot be redeemed for money, resold or combined with any other offer. Additional restrictions may apply when promotions are received through a third-party offer.
Voluntary Suspension of Membership or Subscription. We may allow you to suspend or pause your membership or subscription at any time, for one time only. Your subscription will restart after 60 calendar days. In this event, you will not receive a refund for the paid and unused period of your membership or subscription, but the payment corresponding to the unused period will be applied to the billing period in which your membership or subscription restarts.
Renewal. Your membership or subscription to Fanatiz™ is subject to automatic renewal for the same length period of your current subscribed plan, remaining in effect until you cancel your subscription following the cancellation options described further bellow.
If you are subscribed to one of our plans with an initial term of one year or longer, prior to the automatic renewal, we will send you a reminder notice (" Renewal Notice") informing you the specifics of the renewal terms, including information of any payment prior to being charged, price adjustments (if any), and your option to terminate the plan before its automatic renewal. We will send you said Renewal Notice, with an anticipation no less than 30 days and no more than 60 days before the applicable renewal term or cancellation deadline. Likewise, if you are subscribed to a promotion or free plan with an initial term of 31 days or longer, we will send you a Renewal Notice, with an anticipation between 3 to 21 days before the end of the initial term. We will send you the Renewal Notice to your email or by any other form of communication previously authorized by you.
Billing. We will automatically bill your payment method on the day you start your subscription, or the day after your free plan ends, as applicable, and on each recurring billing date thereafter. Your billing period will be the time period between each recurring billing date which corresponds to the terms of your chosen subscription. If your membership or subscription starts on a non-business day, holiday or non-regular day (non-regular means those cases arising from the intercalation of 30 and 31-day months, including the specific case of months of February having 28 or 29 days, if applicable), we may charge your payment method on the immediately succeeding or closest business or regular day, or other we may deem appropriate. For example, if your membership or subscription began on January 31st, your next billing and payment date will probably be next February 28th. Your renewal date may change due to changes in your membership or subscription. We could authorize your payment method in advance in case of membership or subscription or changes related to the Services. As used in these Terms, "billing" will indicate a charge, debit or other payment settlement, where appropriate, through your registered payment method. Unless otherwise provided, the terms month, year, monthly or annually refer to your billing cycle.
For Pay Per View or On-Demand Content, we will bill your payment method on the day you make the one-time payment.
Cancellation and Refunds. You can cancel your membership or subscription whenever you wish. To avoid being charged in the next billing cycle, you must cancel at least one day before each renewal date. If you cancel in the middle of a billing cycle, you will continue having access to the service until the end of the billing cycle. For cancellation, visit our website and follow the cancellation instructions.
No refunds or credits will be granted upon the cancellation of your membership or subscription, neither for partially used membership or subscription periods, nor for unseen content. Exceptionally, we may grant you a refund only If you request it within the first 7 calendar days from the date of your first-time subscription to the Services. The amount of such refund will be calculated considering a deduction of the operational costs of such operation, and the number of days elapsed from the date you subscribed to the Service until the day you request the refund.
However, we may grant refunds, discounts or other consideration to some or all of our members, at any time, for grounded and sufficient motives (" Credits"). The amount and form of such Credits, and the decision to grant them, are subject to our sole and full discretion. The fact that granting of Credits may have been granted in the past in no way constitutes a right to receive credits in the future, even in similar cases, and we shall in no case be bound to grant credits in the future.
Pay per View Content and On-Demand Content purchases are finalized when made and cannot be refunded or cancelled.
Payment Methods. You may modify information on the registered payment method by visiting our website. When you add a payment method to your account, an authorization charge of a small amount may be sent to verify that the payment method is valid, and that it hasn't been reported lost or stolen. Such charges will disappear within a few business days or be refunded to your account shortly after your account is activated. If the payment cannot be satisfactorily processed due to the expiration date of the instrument used, lack of funds or if you fail to edit your payment information or cancel your account, you will still be responsible for amounts pending payment, and you authorize us to continue billing the payment method, as updated. This could give rise to a change in billing dates. If you registered with Fanatiz™ using a third party's account (for example, App Store, Google Play or a similar account) as a payment method, and you wish to cancel your Fanatiz™ membership or subscription at any time, you will be required to go to your account of the relevant third party and disable the automatic renewal, or cancel the account of products and services of Fanatiz™. You can find the billing information for your membership or subscription by visiting your account with the relevant third party. Some payment methods may be subject to additional taxes, commissions, exchange fees, cross-border transactions fees from your payment method provider, or any other related charges. Check with your payment method provider for information.
Accounts and Registration
You are responsible for any and all use of your account, and you acknowledge that your account is for your personal use only, thus you undertake to not allow or share access to your personal account with others.
All information you submit when you register for an account shall be truthful and accurate. You are responsible for updating and maintaining the truthfulness and accuracy of the personal information you provide us with respect to your account.
You should guard your access credentials (username and password) very carefully. You shall refrain from disclosing to third parties the access credentials related to your account. You should be very cautious about communications requesting information on your credit card or other information from your account. If you provide this information upon a request of this type, you may be a victim of identity theft. We will never ask you for full data or full information on your card or payment method by email. However, we may ask you for the last four digits of your credit card number, bank, credit card type (Visa, Mastercard, etc.), and the cardholder's name as it appears on your credit card, for example, for verifying your account. Always access your confidential account information by going directly to our website and never through a hyperlink contained in an email or any other communication, even if it seems official.
We reserve the right to, at any time, with or without prior notice to you, reset your password, disable, suspend or terminate your account, membership or subscription, and/or access to the Platform, immediately, for any reason or for no reason whatsoever, including if we reasonably determine that you have provided inaccurate account or payment details, or you are otherwise in violation of these Terms. We can adopt the above and/or similar measures in order to protect us and our partners, allies or contractors, from what we believe may constitute fraudulent activity. If this occurs, you must stop using the Platform. If we disable your account and/or access to all or any part of the Platform, you agree not to create another account or try to access the Platform without our permission. We shall not be bound to grant refunds, credits or discounts to a membership or subscription due to such disablements, suspensions or terminations.
If you suspect any unauthorized access to your account, please notify customer service immediately at email@example.com (Spanish); firstname.lastname@example.org (English); or email@example.com (Portuguese).
Eventually, in order to facilitate your access to your account and for a better management of our Services, we may implement technology allowing us to recognize you as the account owner and give you direct access to your account without requiring for you to re-enter a password or other user identification when re-entering our Platform, which includes access through mobile and/or Internet or website connected devices.
We have the right to use any comment, information, idea, concept, review or technique, or any other material contained in any communication we receive from you (" Feedback"), including responses to questionnaires or publications through our Platform and Services, with no consideration, recognition or payment whatsoever, for any purpose, such as the development, manufacture and marketing of products and the creation, modification or improvement of our Platform and Services. If you decide to send material or ideas that have not been requested, you do it on the understanding that you will receive no consideration whatsoever, and you waive any action against us or our related companies regarding the use of those materials and ideas, even if the material or idea used is significantly similar to the material or idea you submitted.
Copyright and Trademarks
The Platform, and all materials incorporated into the Platform are protected by copyrights, patents, trademarks, trade secrets or other legal rights.
Copyright in the pages and in the screens displaying the pages, and in the information and material thereon and in their arrangement is owned by Fanatiz™ unless otherwise indicated. Some of the characters, logos or other images on the Platform are also protected as Fanatiz™ registered or unregistered trademarks, trade names and/or service marks (" Trademarks"). All other trademarks are the property of their respective owners. You can't use our or anyone else's Trademarks other than as incorporated into the Platform. You acknowledge and agree that you do not acquire any rights by implication, estoppel or otherwise to use any trademark displayed on this Platform without our express permission. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer or frame in any other web page, any web page content on these pages. You may not use our name or Trademarks in any way that implies an affiliation with, or an endorsement, sponsorship or approval by us without our express written permission.
Copyright holders have licensed the Content for private use only and not for public or commercial exhibition. Accordingly, you may not (a) show any Content to any public audience or view it in a public location; or (b) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology for the Content. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. or any other applicable laws.
We will gather data on Platform use and other information to ensure that the Platform is used in accordance with these Terms. You agree not to block this transmission of data. If you do so, it will be considered a violation of these Terms and may result in immediate suspension or termination of your account and/or subscription.
Privacy and Security
Certain sections or pages on the Platform may contain separate terms and conditions which are in addition to these Terms. Additionally, certain products or Services, including those available through the Platform, may be subject to terms, conditions and disclaimers in addition to these Terms. You agree that your use of such products and Services will be subject to such additional terms, conditions and disclaimers. In the event of a conflict, the additional terms and conditions will govern those sections or pages or products or Services.
You agree that these Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.
You agree that any dispute or action at law or in equity arising out of or relating to these Terms, the Services, or the use of the Platform shall be resolved by binding bilateral arbitration to be held in Miami, Florida in accordance with the rules and procedures of the American Arbitration Association (" AAA"). Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Each party shall pay its own legal fees and expenses in connection with any arbitration or action in any court of law or equity; provided that the fees to commence the arbitration charged by AAA, JAMS, the Resolution Experts, or other arbitrator will be borne by you and us equally. For clarity, you hereby waive any and all rights of participation in any class action proceeding of any kind in any forum in any jurisdiction whether as a class member, representative or otherwise.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES OR THE USE OF THE PLATFORM.
THE INFORMATION AND MATERIALS CONTAINED IN THE PLATFORM, INCLUDING THE SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". WE DO NOT EXPRESSLY, REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO USE PRODUCTS AND SERVICES UNINTERRUPTEDLY OR WITHOUT ERRORS. WE EXPRESSLY REPRESENT THAT WE UNDERTAKE NO LIABILITY FOR THE USE OF THE APPLICATIONS, THE MOBILE AND/OR INTERNET CONNECTED DEVICES AND OUR PLATFORM (AMONG OTHERS, REGARDING THE COMPATIBILITY WITH OUR SERVICE).
WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
To the extent permitted by applicable laws, in no event will Fanatiz™, its subsidiaries and its shareholders, directors, officers, employees, allies or licensors, be liable (whether individually or jointly) to you for personal injury or for any special, consequential, incidental, indirect or remote damages, or any potential damages.
Some jurisdictions forbid the exclusion of certain warranties, or the limitation or exclusion of liability for certain types of damages. Therefore, some limitations mentioned in this section may not affect you.
Nothing in these Terms will affect fundamental and inalienable rights to which you are entitled. Should any provision of these Terms be declared invalid, illegal or unenforceable, the validity, legality and application of the remaining provisions will remain in full force and effect.
LIMITATION OF LIABILITY
IN NO EVENT WE WILL BE LIABLE FOR ANY DAMAGES TO YOU FOR, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY LINKED SITE OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
You agree to indemnify and hold harmless Fanatiz™, and its parents, subsidiaries, affiliates, partners, agents, and licensors and officers, directors, employees, members and shareholders of the foregoing (collectively, " Indemnified Parties"), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from your actual or alleged breach of these Terms.
You will cooperate as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our prior written consent.
We shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is caused by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, internet failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.
You agree that if any provision of these Terms shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of such other provisions.
By using the Platform you acknowledge that from time to time we can send you emails, app notifications, push notifications or other electronic communications related with your account, the Services, and these Terms (the " Communications"). You will need a computer with internet access. In addition, you must use an internet browser software that supports 256-bit encryption.
To access, view and retain Communications from us, you will need the ability to receive and read emails that contain hyperlinks to websites.
You also consent to receive promotional messages, offers, surveys, and other materials via emailor any other contact channel you may have shared with us. If at any time you no longer want to receive promotional communications, each channel has an unsubscribe option, or you may email us requesting to be unsubscribed at firstname.lastname@example.org.
For customer service inquiries related to the Platform, your account or your subscription, please visit our Help Center at https://helpcenter.fanatiz.com/en/ (English) or https://helpcenter.fanatiz.com/es/ (Spanish).
If you are unable to resolve your question by visiting our Help Center or if you have reason to believe that your account credentials have been compromised or misappropriated in some way, please send us an email at email@example.com (Spanish); firstname.lastname@example.org (English); or email@example.com (Portuguese).
These Terms constitute the entire agreement between you and Fanatiz™ with respect to our Services and supersede all prior or contemporaneous written or oral agreements between you and us with respect to the Services. These Terms may not be amended, nor any obligation waived, without our written authorization.