Terms of Service

IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING FANHALF.COM AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH AND DETAILED BELOW.

USER AGREEMENT

The website https://fanhalf.com/ (“Website”), including all content, images, text, audio, code, sub-pages, sub-domains, and any and all other material it may contain or provide, is owned and operated by Third Screen Sports, Inc. d/b/a “FanHalf” (“FanHalf”). We are pleased to offer you access to the Website and the ability to participate in peer-to-peer daily fantasy sports contests (“Contests”) of skill, in addition to providing you other content, products, services, and promotions (collectively, “Services”). These Terms of Service (“Terms of Service” or “Terms”) set forth the terms and conditions that govern your access to and use of the Website and your ability to participate in Services that we may provide via the Website, and, together with our privacy policy (“Privacy Policy”) and the Official Rules and Regulations for each applicable contest and promotion offered on the Website (the “Rules” or “Rules and Scoring,” and together with the Terms of Service and Privacy Policy, the “Agreement”), form the entire agreement between you and FanHalf in connection with the Services.

ACCEPTANCE OF TERMS

By using and/or otherwise accessing the Website; registering for Services offered on the Website; accepting, uploading, submitting, or downloading any information or content from or to the Website; or by clicking to accept or agree to these Terms, you: (i) accept and agree to be bound by these Terms and our Rules and Scoring; and (ii) consent to the collection, use, disclosure, and other handling of information provided by you to us pursuant to and as described in our Privacy Policy. DO NOT USE THE WEBSITE OR THE SERVICES IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT OR THESE TERMS OF SERVICE. These Terms of Service constitute a legal, binding agreement between you and FanHalf, and shall apply to your use of the Website and the Services. If you do not agree to the Terms, then you may not access the Website or use the Services.

From time to time, FanHalf may issues additional terms, rules, and/or conditions for participation in Services, including, without limitation, Contests, offered via the Website. Such additional terms, rules, and/or conditions may be required by various state rules and/or regulations that may affect your experience or ability to participate in the Services. By participating in such Contests, or continuing to access the Website, you agree to be subject to and bound by such additional terms, rules, and/or conditions.

MODIFICATION OF TERMS

FanHalf reserves the right to update and change these Terms of Service without prior notice to you at any time. The most current version of these Terms will be posted at https://fanhalf.com/page/view/terms. You shall be solely responsible for reviewing and becoming familiar with any such update or change to the Terms. If we determine, in our sole discretion, that an update or change to the Terms is material with regard to your ability to use and/or access the Website and/or Services, we will notify you by contacting you through the email address associated with your account on the Website. Your continued access and/or use of the Website or Services after any such change to the Terms constitutes your acceptance of the Terms as modified, and means you agree to be bound by such change.

ELIGIBILITY

The Contests are void where prohibited and you may not use the Website or the Services if you live in an area that does not allow participation in the Contests. By accessing the Website and/or using the Services, you hereby represent and warrant that you are fully able and competent to enter into and abide by the terms, conditions, affirmations, representations, and warranties set forth in these Terms. Furthermore, by depositing money in an account and/or participating in Contests for the purpose of winning prizes, you hereby represent and warrant that you meet the following conditions:

If FanHalf determines, in its sole discretion, that you do not meet the eligibility requirements stated in this section, you are not authorized to access the Website and/or use the Services. FanHalf may require you to provide proof that you are eligible to participate in Contests in accordance with this section prior to receiving a prize, including, without limitation, providing an affidavit of eligibility and/or other verification information. In addition to any other rights FanHalf may have in law or equity, in the event it is determined that you do not meet the foregoing requirements, or if you fail to comply with FanHalf’s demand of proof of eligibility, FanHalf reserves the right to suspend or terminate your account (and terminate, withhold, or revoke the awarding of any prizes associated with such account, or limit your ability to withdraw). In such a situation, FanHalf may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of such Contest, as determined in FanHalf’s sole discretion. In the event of a dispute as to your identity or eligibility to participate in Contests, FanHalf will utilize certain information collected by FanHalf to assist in verifying your identify and/or eligibility to participate.

FanHalf employees may use the Services, but may not withdraw money or prizes except when playing in a private league. FanHalf employees may not participate in any publicly available paid Contest or in any free contests that offers cash or cash equivalent prizes, except for the limited purpose of testing the user experience. Participation by FanHalf employees in private Contests or free Contests with no prizes is permitted. Relatives of FanHalf employees with whom they share a household are not eligible to participate in paid Contests unless they are private Contests with other FanHalf employees or household members. FanHalf consultants or promoters of the Services may play in Contests without such limitation, but only if: (i) their arrangement with FanHalf does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service, and (ii) they do not receive any other advantages in their play on the Service.

Employees or operators of other daily fantasy websites that charge entry fees or offer cash prizes, including, without limitation, FanDuel, DraftKings, and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy website, have access to such daily fantasy website’s pre-release non-public confidential data about game-related information may not enter any Contests in which a real money prize is awarded. If such person enters a FanHalf Contest that awards prizes, FanHalf will disqualify the entry, will not award a prize to such person, and may report such person’s violation of this provision to the daily fantasy website for which the entrant operates, is employed by, or affiliated with. Furthermore, FanHalf may maintain information about the entrant in order to assist FanHalf in blocking the user from entering future FanHalf Contests, unless and until FanHalf determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy website or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with such daily fantasy website.

Athletes, coaches and other team management, team support personnel (e.g. including, without limitation, team physicians), and team owners may not participate in any FanHalf Contest in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners and other individuals who, through an ownership interest or league-related employment, can influence gameplay in the real world game in any way are also ineligible.

YOUR FANHALF ACCOUNT

In order to participate in a Contest and/or the Services, you must sign up and register an account with the Website. You may establish, maintain, use, and control only one account on the Website. In the event FanHalf determines that you have opened, maintained, used, or controlled more than one account, in addition to any other rights FanHalf may have, FanHalf reserves the right to suspend or terminate any or all of your accounts, and terminate, withhold, or revoke the awarding of any prizes.

You are solely responsible for maintaining the confidentiality of your FanHalf account, and are fully responsible for all uses of your FanHalf account. You acknowledge and agree that FanHalf has permission and is authorized to act on instructions received through use of your FanHalf account, and that FanHalf may, but is not obligated to, deny access, block, or withhold any transaction made through use of your FanHalf account, without prior notice to you, if FanHalf reasonably believes your FanHalf account is being used by someone other than you, or for any purpose other than for participation in Services on the Website, or for any other reason in breach of these Terms of Service or the Agreement. At any time, FanHalf may require you to change your username and password used in conjunction with your FanHalf account. You agree to immediately notify FanHalf of any unauthorized use of your FanHalf account or any other breach of security.

FanHalf cannot and will not be liable for any loss or damage suffered by you arising from your failure to comply with this section.

CONTESTS OF SKILL / SCORING / PRIZES

All Contests offered on the Website are games of skill. Winners are determined by the objective criteria described in the Rules, scoring, and any other applicable documentation associated with the Contest. In order to determine a winner, the Website utilizes software that calculates the entrant’s Contest score based on real-time data feeds. Contest scoring is based upon a numerical value (“FanHalf Points”) that is assigned to each question seeking the entrant’s prediction that represents the difference between the entrant’s statistical answer to the question and the actual result. FanHalf Points for each question are tallied by the Website’s software platform and added together at the conclusion of the Contest to provide a final user score. For each Contest, the individual who uses the most skill and knowledge of relevant sports information to accumulate the least amount of FanHalf Points will be deemed the winner. No roster selected by an individual for participation in a Contest may be based entirely on the current membership of a professional sports organization, and no winning outcome will be based on the score, point-spread, or any performance(s) of any single real-world team, or solely on the single performance of an individual athlete in any singe real-world sporting event. For more information regarding how Contests work, please visit https://fanhalf.com/page/view/how_it_works, and for more information regarding Rules and scoring, please visit https://fanhalf.com/page/view/rules_scoring.

Upon the completion of a Contest, the tentative winners will be announced (generally by the following day) but remain subject to final verification. Once FanHalf initially announces the winners, the scoring results will not be changed; however, we reserve the right to make adjustments based on errors or irregularities in our calculation of results. We also may make adjustments in the event of noncompliance with these Terms. FanHalf has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments

All prizes and awards offered to winner(s) of a Contest will be established and made known prior to the beginning of each Contest and will not be based on the number of participants who enter or the amount of any money paid by such participants. Prizes won are added to the winning participant(s) FanHalf account balance. In the event of a tie, the winnings will be split amongst the participants who tied. Prizes will only be awarded upon the completion of a Contest. Only the prizes listed prior to the beginning of the Contest will be awarded, and no substitutions, equivalents (cash or otherwise), or redemptions will be made. FanHalf expressly disclaims, and you accept, understand, and acknowledge that FanHalf disclaims, any and all responsibility or liability for any injury or loss to you or any person or property relating to the delivery, receipt, and/or subsequent use of any prizes awarded. All prizes are awarded “AS IS,” and FanHalf makes no representations or warranties regarding the appearance, safety, merchantability, fitness for a particular use, or performance of any prize awarded. Any unclaimed prizes will not be awarded and FanHalf will not replace any lost or stolen prizes

IN NO EVENT MAY THE WEBSITE OR ANY CONTEST OR SERVICE PROVIDED VIA THE WEBSITE BE USED FOR ANY FORM OF ILLICIT GAMBLING.

LIVE SCORING / STATISTICS

In the event that FanHalf offers ‘live’ statistics during and/or for Contest gameplay, all ‘live’ statistics and other information provided through the Website and other related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purpose only, and are not used by FanHalf to determine the results of Contests. While FanHalf uses reasonable efforts to include accurate and up-to-date information, FanHalf does not warrant or make any representations of any kind with respect to the information provided through the Website and related information sources. You agree that FanHalf and its third party providers shall not be held responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and that FanHalf shall not be responsible or liable for any error or omissions found or contained in such information.

CONTEST ENTRY

By entering a Contest, you agree to be bound by its Rules, these Terms of Service, and the decisions of FanHalf, which shall be final and binding in all respects. Each individual Contest that is not free to enter will have an entry fee stated in US dollars. When you select to participate in a Contest and complete the entry process, the stated amount of US dollars will be debited from your FanHalf account. All entries become the sole and exclusive property of FanHalf upon completion.

DISQUALIFICATION / CANCELLATION

FanHalf reserves the right, in its sole discretion, to cancel Contests without any restrictions, at any time. In the event of cancellation, all entry fees will be refunded to entrants, exceps as specifically provided by these Terms. Furthermore, FanHalf reserves the right, in its sole discretion, to disqualify you from a Contest, or any or all of the Services contained on the Website, refuse to track FanHalf Points or award or require the return of any award or prize, or suspend, limit, or terminate your FanHalf account, if FanHalf determines, in its sole discretion, you have engaged in improper, unfair, fraudulent, or any other form of conduct adversarial to FanHalf’s operation of a Contest, Service, the Website, or in any detrimental to other users of the Services. Improper conduct includes, but is not limited to, the following:

PLEASE NOTE THAT ANY BREACH OF THE FOREGOING, OR ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST, MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND IN THE EVENT SUCH AN ATTEMPT IS MADE, IN ADDITION TO SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT, FANHALF RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY PERSON MAKING SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW

If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or compromised, or does not allow the proper entry to a Contest in accordance with these Terms or applicable Rules, or if infection by a computer (or similar) virus, bug, illegal tampering, unauthorized intervention, prohibited actions by entrants, fraud, technical failures, or any other causes of any kind outside the control of FanHalf corrupts or affects the administration, security, fairness, integrity, or proper operation of a Contest, FanHalf reserves the right to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify, or suspend the Contest without further obligation, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website. Alternatively, FanHalf reserves the right to move entrants from Contests they have entered to substantially similar Contests, as FanHalf sees fit in its sole discretion.

FanHalf reserves the right, in its sole and absolute discretion, to deny any user or potential entrant the ability to participate in Contests based upon any violation, or threatened violation, of these Terms of Service, or Contest Rules, or the Agreement.

Furthermore, FanHalf may, in its sole and absolute discretion, invalidate the result of any Contest in order to prevent a violation of these Terms of Service, or Contest Rules, or the Agreement. The failure of FanHalf to comply with any provision contained within these Terms due to any causes outside of FanHalf’s control (excepting compliance with applicable codes and regulations) shall not be deemed a breach of these Terms.

USER CONTENT

You understand that all content made available on the Service by a user, including, without limitation, FanHalf account profile information and communications with other users, whether privately transmitted or made publicly available, (collectively, “User Content”), is the sole responsibility of the person from which such User Content originated. This means that you, and not FanHalf, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Website or Services. Under no circumstances will FanHalf be liable in any way for any User Content.

You acknowledge that FanHalf may or may not pre-screen User Content. Notwithstanding, FanHalf has the right (but not the obligation), in its sole discretion, to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content made available via the Website or Services. Without limiting the foregoing, FanHalf shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in FanHalf’s sole discretion. You understand that by using the Website or the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content or other content made available on or through the Website or Services.

With respect to User Content you submit or otherwise make available on or through the Website or Services, you grant FanHalf an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium, now known or later developed.

You are solely responsible for your interactions with other users of the Website and Services. FanHalf reserves the right, but has no obligation, to monitor disputes between you and other users.

DEPOSITS AND WITHDRAWAL OF PRIZES

By depositing funds into your FanHalf account and/or entering paid Contests for cash and/or other prizes, you agree to provide FanHalf with a valid mailing address, date of birth, social security number, and any and all other information FanHalf may require in order to run appropriate identity checks in order to ensure you meet all eligibility requirements for participation in paid Contests, and to ensure FanHalf is in compliance with applicable rules and regulations. If necessary, you may be required to provide appropriate and/or additional documentation that allows us to verify you. Upon the verification of your account, you may deposit funds into your account, participate in Contests, and withdraw any funds from your account based upon deposits or winnings received through your participation in Contests.

FanHalf may limit the amount a user can deposit into the user’s FanHalf account based upon state-imposed deposit limits.

Upon the completion of a Contest, entrants may withdraw their cash prize awards as well as cash deposits (excluding bonuses and promotions) from their FanHalf account. FanHalf reserves the right to request that entrants complete an affidavit of eligibility and a liability/publicity release (as applicable) and/or appropriate tax forms and provide forms of identification, including, but not limited to, a Driver’s License, Proof of Residence, and/or any other information relating to payment/deposit accounts as reasonably requested by FanHalf in order to complete the withdrawal or prizes. Failure to comply with this requirement, or any other provision contained in these Terms of Service or the Agreement, in any manner, may result in disqualification and forfeiture of any prizes. FanHalf may also conduct anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information in relation thereto prior to permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

Any and all expenses related to the payment of applicable taxes, fees, and/or surcharges, if any, arising out of, resulting from, or relating to the receipt or use of a prize are the sole responsibility of the winner(s) of that prize. Each year, all winners who have won $600 or more over the previous year must provide updated address and social security details to FanHalf. These details will be used to allow FanHalf to comply with tax regulations and may be shared with appropriate tax authorities. You, not FanHalf, are solely responsible for filing and paying applicable state and federal taxes on any winnings. FanHalf does not provide tax advice, nor should any statements in these Terms, the Agreement, or on the Website or Services be construed as tax advice. In the event that the awarding of a prize to winner(s) of Contests is challenged or questioned by any legal state, federal, judicial, or administrative authority, FanHalf reserves the right, in its sole and absolute discretion, to determine whether or not to award such prizes.

At all times, FanHalf safeguards player funds deposited in and associated with a user’s FanHalf account by segregating player funds from operational funds and holding it in a separate account, thus ensuring that FanHalf always has sufficient funds to meet a user’s withdrawal requests. As such, users of the Website have the ability to withdraw cash prize awards as well as cash deposits at any time, as permitted by these Terms of Service, and in no event will FanHalf, in the aggregate, owe more to winner(s) and users of the Website than what is maintained in their accounts. For the purposes of these Terms, “player funds” are defined as all cash deposits made on the Website by user’s of the Website, and includes all cash prizes awarded as a result of winning a Contest, excluding bonuses and promotions offered by FanHalf from time to time.

BONUSES / PROMOTIONS

From time to time, FanHalf may offer users bonuses and/or promotions for participation in Contests. Promotional deposits, credits, and other cash bonuses may not be withdrawn from your account unless certain conditions are met as stated in the terms for each applicable bonus or promotion, including, without limitation, in such cases where a user of the Website has received a bonus or other benefits as a result of their deposit and has not yet played through the deposit (i.e. entering Contests(s) where total entry fees equal the value of the deposit or greater). In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit by entering Contests whose total entry fees equal the value of the deposit, and FanHalf reserves the right to refuse withdrawal and/or close your account for your failure to do so.

PUBLICITY RIGHTS

By entering a Contest, you consent to the use of your name, address (city and state), likeness, image, voice, photograph, picture, portrait, account information and content, biographical information, and/or any statements made regarding FanHalf, the Website, and/or the Services, in connection with the advertising, promotion, development, production, distribution, and/or exploitation of any Contest or the Website (collectively, “Right of Publicity Rights”). Winners agree that, from the date of notification by FanHalf of their status as a potential winner and continuing until such time when FanHalf informs them that they no longer need to do so, they will make themselves available to FanHalf for publicity, advertising, and promotional activities

FanHalf and its affiliates reserve the right to make public statements about the entrants and winner(s) of a Contest on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that FanHalf or its affiliates may announce any winner's name on-air or on any of its websites, including, without limitation, the Website, or any other location, at any time, in connection with the marketing and promotion of FanHalf or other Contests or Services provided by FanHalf. You agree that participation in a Contest and (where applicable) the winning of a prize in connection with a Contest constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or royalty, or impose other conditions on the fulfillment of these obligations. Specific Contest Rules may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

TERMINATION / SUSPENSION OF FANHALF ACCOUNT

In addition to any other legal or equitable remedy, in the event that it is determined, in FanHalf’s sole discretion, that you have violated any of these Terms, Contest Rules, the Agreement, or committed any act in direct contravention of a Contest, the Website, and/or its Services, FanHalf may, without prior notice or liability, immediately revoke any or all of your rights granted hereunder and suspend and/or terminate your FanHalf account. In such event, you shall immediately cease all access to and use of the Website and its Services until the reinstatement of your account.

If your FanHalf account is suspended, you agree to respect the restrictions and limitations imposed on your account as part of the suspension and to communicate with FanHalf regarding the restoration of your FanHalf account only via the contact form provided by FanHalf on the Website.

In the event of termination of your FanHalf account, all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, INTELLECTUAL PROPERTY RIGHTS, DISCLAIMER OF WARRANTIES, INDEMNIFICATION, LIMITATIONS OF LIABILITY, NO THIRD PARTY BENEFICIARIES, AND BINDING ARBITRATION AND CLASS ACTION WAIVER.

INTELLECTUAL PROPERTY RIGHTS

All the text, software, scripts, graphics, photos, sound, music, videos, interactive features and the like, in addition to all trademarks, service marks, and logos contained therein, (collectively, “Intellectual Property”), found on the Website is owned by or licensed to FanHalf. Furthermore, FanHalf or its licensors owns all title, ownership and intellectual property rights in and to the Services. You acknowledge and agree that the Website and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by FanHalf or applicable law, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the FanHalf’s Intellectual Property, Website, or Services, in whole or in part.

FanHalf and all trademarks contained on the Website are trademarks or registered trademarks of FanHalf. Third party trademarks, trade names, product names, and logos may be the trademarks or registered trademarks of their respective owner(s). You may not remove or alter any trademarks, trade names, product names, logos, copyright or other proprietary notices, legends, symbols, or labels found on the Website.

FanHalf, the Website, Services, and offered Contests are not affiliated with, nor endorsed by, the National Basketball Association, Major League Baseball, the National Football League, the National Hockey League, or any of their respective teams.

LINKS

The Website and/or Services may provide, or third parties may provide, links to other websites, applications, or resources. Because FanHalf has no control over such websites, applications, or resources, you acknowledge and agree that FanHalf is not responsible for the availability of such external websites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials found on or made available from such websites, applications, or resources. You further acknowledge and agree that FanHalf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website, application, or resource.

DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE BY OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, AND THE SERVICES ARE PROVIDED “AS IS.”

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, INCLUDING, WITHOUT LIMITATION, USER CONTENT, DURING YOUR USE OF THE WEBSITE AND/OR SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANHALF NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANHALF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE OR SERVICES; THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY OF INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING, WITHOUT LIMITATION, PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE WEBSITE OR SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

FANHALF DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT YOUR USE OF THE WEBSITE OR SERVICES IS LAWFUL IN ANY PARTICULAR STATE OR JURISDICTION AND, IN ANY EVENT, FANHALF SPECIFICALLY DISCLAIMS SUCH REPRESENTATIONS, WARRANTIES, AND/OR GUARANTEES. YOU ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE WEBSITE OR SERVICES, YOU ACT AT YOUR OWN RISK, AND THAT YOUR USE OF THE WEBSITE AND/OR PARTICIPATION IN A CONTEST SERVES AS YOUR REPRESENTATION AND WARRANTY THAT SUCH ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR ITS SERVICES. FURTHERMORE, FANHALF AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND TITLE.

IN NO EVENT SHALL FANHALF BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY STEMMING OR RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE, ITS SERVICES, OR ACCEPTANCE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY AND/OR LOSS OF PROPERTY OR PROPERTY VALUE. IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OR RELATE TO THE WEBSITE, SERVICES, OR FANHALF’S ACTS OR OMISSIONS, YOU ACKNOWLEDGE AND CONFIRM THAT THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPERABLE OR SUFFICIENT TO ENTITLE YOU TO A GRANT OF INJUNCTIVE RELIEF THAT PREVENTS THE OPERATION OR EXPLOITATION OF THE WEBSITE, OR ANY OTHER WEBSITE OR PROPERTY OWNED OR CONTROLLED BY FANHALF OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES. YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOU SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY FANHALF, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE MAINTENANCE OF INFORMATION (I.E. USER CONTENT) UPLOADED BY YOU.

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN TO OR UNSUSPECTED TO EXIST BY YOU. ACCORDINGLY, THROUGH YOUR USE OF THE WEBSITE AND/OR THE SERVICES, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, AND OTHER LIKEWISE STATUTORY PROVISIONS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANHALF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANHALF FOR GENERAL USE OF THE WEBSITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE WEBSITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

INDEMNIFICATION

By using the Website and the Services, entering a Contest, or accepting any prize, you agree to indemnify, release, and hold harmless FanHalf, its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind, including, without limitation, liability, claims, or actions related to injuries, damages, or losses to persons or property that may be sustained in connection with: (1) participating in a Contest; (2) the delivery, receipt, ownership, use, or misuse of any prize; (3) preparing for, participating in, and/or traveling to or from any prize related activity; or (4) any claims based on Right Of Publicity Rights, defamation, or invasion of privacy. Upon a determination of necessity, FanHalf may, in its sole and absolute discretion, require you to execute a separate written release of claims similar to those listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

Furthermore, you agree to defend, indemnify, protect, and hold harmless the Released Parties from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including, without limitation, reasonable attorney’s fees, court costs, and other legal expenses, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency, or other similar proceedings, and any other legal expenses (collectively, “Claim(s)) arising from or connected with: (1) your use of the Website; (2) any payment methods used; (3) any funding of your FanHalf account; (4) your participation in any Contest; (5) your violation of these Terms or the Agreement; (5) your receipt, ownership, use or misuse of any prize; or (6) any of your acts or omissions that may implicate Right Of Publicity Rights, defamation, infringement of any Intellectual Property rights, or invasion of privacy. FanHalf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by and from you and, in such case, you agree to fully cooperate with FanHalf in the defense of such matter.

DMCA NOTICES

FanHalf may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide FanHalf’s Copyright Agent a written notice containing the following information:

FanHalf’s Copyright Agent can be reached in the following ways:

Mail: Third Screen Sports, Inc. ATTN: Copyright Agent 13876 SW 56th Street, #218 Miami, FL 33175

Email: darren@heitnerlegal.com

To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

PRIVACY POLICY

By using the Website and entering Contests, you agree to FanHalf’s use of your personal information as described in FanHalf’s Privacy Policy, found at https://fanhalf.com/page/view/privacy.

NO THIRD PARTY BENEFICIARIES

There shall be no third party beneficiaries to these Terms and nothing in these Terms shall create or confer any rights or other benefits in favor of any third party, except as expressly provided herein.

GOVERNING LAW

These Terms, the Agreement, the relationship between you and FanHalf, and any issues or questions regarding the duties, rights, and obligations of a participant in connection with the Website, the Services, or a Contest shall be governed by, interpreted, and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

WAIVER

No waiver of any provision contained in these Terms shall be deemed to be a further or continuing waiver of such provision or any other provision contained herein, and FanHalf’s failure or delay to assert any term or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY OF TERMS

If any provision contained in these Terms is deemed invalid or unenforceable, such provision shall be enforced to the fullest extent permitted by law. In the event such provision is proven invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions contained in these Terms, which shall remain in full force and effect.

FORCE MAJEURE

The failure or inability of FanHalf to comply with any provision contained in these Terms due to an act of God or public enemy, hurricane, war, riot, fire, earthquake, terrorism or terrorist act or threat, labor dispute or strike, infection by computer virus, unauthorized intervention, technical failures, actions of governmental authorities, or any other act or occurrence not reasonably within the control of FanHalf (each, a “Force Majeure Event”) shall not be considered a breach of these Terms.

RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall be construed or interpreted as creating a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and FanHalf. ASSIGNMENT You may not assign these Terms without FanHalf’s prior written approval. FanHalf may assigned these Terms without your consent to: (1) a parent, subsidiary, or affiliate; (2) an acquirer of FanHalf’s equity, business, or assets; or (3) a successor by merger, consolidation, reorganization, or other similar transaction

NOTICES AND COMMUNICATIONS As a result of your registration for the Service, you may receive certain commercial communications from FanHalf. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to ________________. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law

FanHalf may send notices to you by posting a general notice on the Website, by electronic mail to your email address connected to your FanHalf account, or by written communication sent by first class mail or pre-paid post to your mailing address connected to your FanHalf account. Such notice shall be deemed given and received upon the expiration of 72 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may send notice to FanHalf, with such notice deemed given when received by FanHalf, at any time by first class mail or pre-paid post to FanHalf at 13876 SW 56th Street, #218, Miami, FL 33175.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of or related to you use of the Website, the Service or these Terms must be filed within one (1) year after such Claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms, including the Binding Arbitration and Class Action Waiver set forth below, the Agreement, and any additional terms, rules, or conditions of participation for particular Contests constitute the entire agreement between you and FanHalf with respect to your use of the Website and the Services and supersede any and all prior agreements between you and FanHalf, whether oral or written.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BY USING AND/OR ACCESSING THE WEBSITE AND/OR THE SERVICES, OR BY PARTICIPATING IN CONTESTS, YOU AGREE TO THE EXTENT PERMISSIBLE BY LAW THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES, OR PARTICIPATION IN CONTESTS, OR ANY PRIZE AWARDED PURSUANT THERETO, WILL BE RESOLVED INDIVIDUALLY AND THROGUH BINDING ARBITRATION AS SET FORTH IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

INITIAL DISPUTE RESOLUTION

Our Customer Support Department will make reasonable efforts to resolve most concerns quickly and to your satisfaction, and is available to you via your submission of an inquiry to support@fanhalf.com (“Initial Dispute Resolution”). You agree to use best efforts through this Initial Dispute Resolution process to settle any dispute, claim, question or disagreement stemming from your use of the Website, the Services, Contests, or these Terms and/or any other provision contained in the Agreement. Utilization of this Initial Dispute Resolution process shall be a condition precedent to you initiating a lawsuit or arbitration proceeding against FanHalf.

BINDING ARBITRATION

If we do not reach an agreed upon solution within a period of 30 days from the time the Initial Dispute Resolution process is initiated, then either you or FanHalf may initiate binding arbitration as the sole means to resolve any and all claims, subject to the terms set forth below. Specifically, all Claims arising out of or relating to these Terms, your relationship with FanHalf, and/or your use of the Website or the Services shall be settled and determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules (“Rules”) and the supplementary procedures for consumer related disputes in front of the AAA (“Supplementary Procedures”), excluding any rules or procedures that govern or permit class actions.

Any and all Claims arising out of or relating to these Terms, the Agreement, any breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) or Services shall be settled by binding arbitration before a single arbitrator appointed by the AAA in accordance with its then governing Rules, including its Supplemental Procedures, as applicable.

The arbitrator shall have full and exclusive authority to resolve all disputes or claims arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, without limitation, any claim that all or any part of these Terms are void or voidable, or whether such claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in court, in law or in equity, as the arbitrator sees fit, in the arbitrator’s sole discretion. The arbitrator’s award shall be in writing and binding upon you and FanHalf. No federal, state, or local court or agency shall have the authority to rule or preside over any Claim or dispute raised by either you or FanHalf, except for the purpose of ruling on whether the arbitrator exercised abuse in discretion in granting such relief, or for the purpose of entering a judgment of relief granted by the arbitrator who presided over the Claim or dispute.

The Commercial Arbitration Rules governing arbitration may be accessed at https://www.adr.org or by calling AAA at +1 800.778.7879. To the extent the filing fee for arbitration exceeds the cost of filing a lawsuit in your respective jurisdiction, FanHalf will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, FanHalf will pay all of the actual filing and arbitrator fees for the arbitration; provided, however, that your Claim does not exceed $75,000.00 The arbitration rules also permit you to recover attorney’s fees in certain cases. You understand, acknowledge, and agree that this provision is mandatory and that but for its inclusion, you would have the right to sue in court and have a jury trial, and that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court .

LOCATION

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the United States in Miami, Florida, and you and FanHalf agree to submit to the personal jurisdiction and venue of any federal or state court located in Miami, Florida, for the sole purpose of obtaining an order to: (1) compel arbitration; (2) stay and/or dismiss proceedings due to pending arbitration; or (3) confirm, modify, vacate, or enter judgment on the award and/or relief granted by the arbitrator.

CLASS ACTION WAIVER

You and FanHalf agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and you and FanHalf expressly waive the right to file a class action or seek relief on a class-by-class basis. YOU AND FANHALF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If it is determined that the class action waiver set forth in this Paragraph is void or unenforceable for any reason, or that arbitration may proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and FanHalf shall be deemed to have not agreed to arbitrate disputes.

EXCEPTION – LITIGATION OF INTELLECTUAL PROPERTY AND SMALL CLAIMS COURT CLAIMS

Notwithstanding you and FanHalf’s agreement to resolve all Claims and disputes through binding mandatory arbitration, either you or FanHalf may bring an action in state or federal court to protect Intellectual Property rights (i.e. rights in and to patents, copyrights, trademarks, moral rights and trade secrets, but not including Right of Publicity Rights or privacy). Either you or FanHalf may also seek relief in small claims court for disputes or Claims within the scope of that court’s jurisdiction.

45-DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address: 13876 SW 56th Street, #218, Miami, FL 33175. Your notice must be sent within 45 days of your first use of the Website otherwise you shall be bound to arbitrate disputes in accordance with the terms contained herein. If you elect to opt-out of these arbitration provisions, such provisions also will not bind or apply to FanHalf.

CHANGES TO THIS SECTION

FanHalf will provide 60-days’ notice of any changes to any provisions contained in this Section. Changes will become effective on the 60th day, and will apply prospectively only to any Claims or disputes arising after the 60th day.

For any Claim not subject to arbitration, you and FanHalf agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Miami, Florida (the “Forum”). You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available to you, including, without limitation, that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient.

n the event either you or FanHalf initiates a proceeding involving any Claim other than in arbitration in accordance with this section, or initiates a proceeding involving a Claim under this section other than in the Forum, the other party shall recover all attorney’s fees and expenses reasonably incurred in enforcing this agreement to arbitrate and to bring claims exclusively in the Forum.