Last Updated January 13, 2025
Table of Contents
1. Introduction
1A. Relationship Between FanVids and Sponsor
1B. Definitions and Content Types
2. Eligibility
3. How to Participate
3A. User Accounts;Account Security
4. Content Submission Requirements
4A. Prohibited Uses
5. Rights in Submissions
6. Nature of Relationship/Waiver of Equitable Relief
7. Rights of Sponsor / Disclaimer of Liability
8. Warranty
9. Indemnity
10. Release and Limitation of Liability
11. Data Protection and Privacy
12. User Rights
13. Cookies and Tracking Technologies
14. International Data Transfers
15. Security Measures
16. Children's Privacy
17. Changes to this Agreement
18. Dispute Resolution
19. Contact Information
20. Consent to Receive Personalized Updates and Marketing Messages
21. Ownership of the Platform and Intellectual Property
22. Confidentiality
1. Introduction
Welcome to the FanVids Engagement Platform("Platform"). This Platform is designed to provide fans with an interactive and engaging experience allowing them to connect with various artists, labels, and managers ("Sponsor") and their communities. The Platform can be used by different entities, including but not limited to record labels, individual artists, and artist managers, each of whom has a unique subdomain on the FanVids Platform (e.g., band1.fanvids.io, artist2.fanvids.io).
This End User Agreement ("Agreement") governs your use of the Platform. The specific Sponsor for the subdomain you are accessing (e.g., band1.fanvids.io) may occasionally request fans to submit content, including videos and images, to be featured on the Platform or elsewhere as determined by that Sponsor. By participating in the FanVids Engagement Platform, you agree to be bound by this Agreement and to the decisions of the specific Sponsor you are engaging with, which are final and binding on all matters relating to their use of the Platform.
For the purposes of this Agreement, "Sponsor" refers to the specific entity (artist, label, manager, etc.) whose subdomain(e.g., band1.fanvids.io) you are accessing and interacting with on the FanVidsPlatform. The identity of the Sponsor will be clearly displayed on the subdomain you are accessing.
If you do not agree to these terms, do not use the Platform.
1A. Relationship Between FanVids and Sponsor
You acknowledge that FanVids, Inc. ("FanVids") provides the Platform as a service to the Sponsor, but FanVids is not responsible for the Sponsor's specific content, promotions, or compliance with local laws. Each Sponsor is solely responsible for the content on its subdomain, its own terms or policies (if any), and for any submissions or requests it makes to you through the Platform. FanVids may, at its sole discretion, suspend or terminate a Sponsor's subdomain if the Sponsor violates this Agreement or any other policy of FanVids.
1B. Definitions and Content Types
For the purposes of this Agreement:
• "Content" means any videos, images, pictures, photographs, or other visual media submitted to the Platform
• "Video Content" means any moving image content, including but not limited to digital video files, animations, and motion graphics
• "Image Content" means any still images, including but not limited to photographs, digital artwork, and graphic designs
• "Submission" means any Content uploaded to the Platform by a User
2. Eligibility
The FanVids Engagement Platform is open to users who are legal residents of countries where such platforms are permitted by law. Void where prohibited. Users must have reached the age of majority in their country of residence and have Internet access. Any user(s) under the age of majority will need a parent's or legal guardian's permission to participate. Employees, officers, and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies involved in the administration of this platform, and the immediate families or members of the same household of each such employee, officer, and director are not eligible to enter.
3. How to Participate
To participate, upload your Content on the FanVids Engagement Platform. Video Content must not exceed the duration stated on the platform, if any. Image Content must meet the format and size requirements specified on the platform, if any. You must completely and accurately submit all required information. Users under the age of majority need parental permission for their Content to be valid.
3A. User Accounts; Account Security
If the Platform requires you to create or maintain a user account, you agree to:
• Provide accurate, current, and complete information when creating your account
• Maintain the security and confidentiality of your account credentials (e.g., passwords)
• Promptly notify FanVids at support@fanvids.io of any unauthorized access to or use of your account
• Be responsible for all activities that occur under your account
FanVids reserves the right to suspend or terminate your account, or any portion thereof, at any time and for any or no reason, with or without notice.
4. Content Submission Requirements
Content must:
• Respond to the prompt stated on the platform.
• Meet the technical specifications provided on the platform:
o For Video Content: Duration and file size limits as specified
o For Image Content: Resolution, file size, and format requirements as specified
Content must NOT:
• Exceed the specified technical limitations
• Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation, or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing
• Infringe upon any copyrighted media including, but not limited to, photographs, artwork, music, films, books, television programming, etc.
• Contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement
For Image Content specifically:
• Contain watermarks, borders, or text overlays unless explicitly permitted by the prompt
• Be manipulated or edited in ways that misrepresent the subject matter
• Be composite images unless explicitly permitted by the prompt
• Include identifiable individuals without their express consent
• Include any metadata that contains personal or sensitive information
For Video Content specifically:
• Include third parties, including but not limited to minors, celebrities, and friends who have not expressly authorized users to display their image, likeness, or voice
• Use music that isn't originally written, performed, and produced by you, the user
• All music featured in any video must be available to publicize and broadcast on a license-free, no compensation basis
By submitting Content, each user represents and warrants that their submission (and Sponsor's and its designees' use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any applicable laws or regulations. User further represents and warrants that they have secured the requisite consent from any third party referenced or appearing in their submissions. To the extent that anyone under the age of majority appears in Content, the user represents and warrants that the minor's parents consented to the minor's appearance and the public display of the Content on the Sponsor's platform, website, affiliated websites, and social media. Sponsor reserves the right in its sole discretion to disqualify any submission that it believes violates any of the Content Submission Requirements, does not otherwise comply with this End User Agreement, or that is not consistent with the spirit and theme of the FanVids Engagement Platform.
4A. Prohibited Uses
In addition to the specific Content Submission Requirements above, you agree that you will not:
• Use the Platform for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform by hacking, password "mining," or any other illegitimate means
• Use any "robot," "spider," or other automatic device, or a program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or any content therein
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to interfere with the proper working of the Platform, including by attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with or circumvent the security or stability of the Platform
• Use automated tools or AI to generate or modify Content without explicit disclosure and permission from the Sponsor
5. Rights in Submissions
Users will retain copyright in their work, but each user grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit, or disseminate the Content in all media or platforms whether now known or hereafter invented. This includes, but is not limited to:
• For Image Content: The right to crop, resize, optimize, or otherwise modify the image for display purposes while maintaining its essential character
• For Video Content: The right to create clips, stills, thumbnails, and promotional materials
User also waives any and all moral rights in the works with respect to any use by the Sponsor, its member stations, sublicensees, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the submissions in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to the user or any third party.
In consideration of the user's Content being reviewed and evaluated for this platform, each user hereby grants to the Sponsor, its members, stations, and assignees the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, or display such Content or any portion thereof in any media now known or hereafter devised, including but not limited to all forms of television and all forms of Internet and wireless protocol. Each user authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize for eternity and in any manner they see fit the Content submitted to Sponsor and to make derivative works from such materials solely in connection with the FanVids Engagement Platform (i.e., to create promotional materials). Each user releases the Sponsor and their assignees and licensees from any and all claims or liability (now known or hereafter arising) including, but not limited to, any claims for defense and/or indemnity in connection therewith.
Each user agrees and acknowledges that participation in the FanVids Engagement Platform, including without limitation the user's decision to provide the user's submission to Sponsor for purposes of the platform, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and user, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the user's submission, and that the only contracts, express or implied, between the Sponsor and user are as set forth in this End User Agreement.
In addition, by participating in the FanVids Engagement Platform and submitting Content, each user hereby grants permission (except where prohibited by law) for the Sponsor to use the user's Content, name, likeness, voice, quotes, comments, biographical information, photograph, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation, or consideration in any and all media now known or hereafter developed throughout the universe unless prohibited by law. Except as required by law or permitted pursuant to this End User Agreement, the Sponsor will not share a user's information with any third parties.
6. Nature of Relationship/Waiver of Equitable Relief
Each user understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other materials and that new ideas are constantly being submitted to it or being developed by their own employees. Each user also acknowledges that many ideas or submissions may be competitive with, similar to, or identical to the submission and/or each other in theme, idea, format, or other respects. Each user acknowledges and agrees that such user will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each user acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the submission. Finally, each user acknowledges that with respect to any claim by the user relating to or arising out of Sponsor's actual or alleged exploitation or use of any submission or other material submitted in connection with the FanVids Engagement Platform, the damage, if any, thereby caused to the applicable user will not be irreparable or otherwise sufficient to entitle such user to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the Content or any other production based on or allegedly based on the submission, and the user's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. Rights of Sponsor / Disclaimer of Liability
Sponsor shall have the right and sole discretion to edit, refuse to display, or cease to display any Content whatsoever which it finds to be in violation of this End User Agreement or which it finds, in its sole discretion, to be otherwise objectionable for any reason, including with respect to Sponsor's standards and practices and other policies. Sponsor also reserves the right to replace the user's Content with the Content of an alternate eligible user in accordance with this End User Agreement if such Content and/or user is withdrawn from or removed from the FanVids Engagement Platform for any reason, including without limitation user's failure to have Sponsor's documents executed by third parties.
Sponsor also reserves the right to:
• Apply reasonable processing (such as compression, format conversion, or resizing) to submitted Content to meet platform requirements
• Remove or reject Content that violates this Agreement
• Implement automated screening of Content for prohibited elements
• Require additional verification for certain types of Content
Sponsor also reserves the right, in their sole discretion, to terminate the FanVids Engagement Platform for any reason, in the event that there is an error, malfunction, problem, or other cause which impacts the operation, administration, or security of the platform or the Sponsor, and in such situation to select Content from the eligible submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the Content are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by users which are deemed harmful or offensive to others or for any harm incurred as a result of the Content's creation. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Content. All statements and opinions made by users are those of such users only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of the same. Sponsor is not responsible for the content or practices of other third-party websites that may be linked to the FanVids Engagement Platform. This platform may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.
8. Warranty
It is an express condition of submission and eligibility that each user warrants and represents that:
8.1 Ownership and Rights:
• User's Content is solely owned by the user and solely created by the user for the purpose of participating in this platform
• No other party has any rights or interest in the Content
• For Image Content specifically, user owns all rights to the image, including any elements within the image
• For Video Content specifically, user owns all rights to the video, including any audio elements
8.2 Compliance and Non-Infringement: The Content and any use thereof by the Sponsor or any partners, subsidiaries, and affiliates in connection with programming, advertising, promotion, and publicity shall not infringe upon any statutory or common law intellectual property right (including without limitation any copyright) under U.S., Canadian, and international laws and shall not constitute a defamation or invasion of the right of privacy or publicity or infringement of any other right of any third party.
9. Indemnity
The FanVids Engagement Platform may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). User shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, agents, and representatives from and against any and all liability, claims, loss, damage, injury, or expense, including reasonable attorneys' fees, arising in connection with:
9.1 Content-Related Claims:
• Any third-party action arising out of a breach or allegation which, if true, would constitute a breach of any of user's representations, warranties, or obligations herein
• Claims related to copyright infringement, trademark infringement, or other intellectual property violations
• Claims related to privacy rights, publicity rights, or personal data
• Claims by individuals appearing in the Content
• Claims related to property depicted in the Content
• For Video Content specifically, claims related to music or other audio elements
9.2 Platform-Related Claims:
• Any misuse of the Platform by the user
• Any unauthorized access to the Platform through user's account
• Any violation of the technical requirements or submission guidelines
10. Release and Limitation of Liability
By participating, each user agrees that the Sponsor, its member stations, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries, and legal advisers, and each of their respective employees, shareholders, officers, and directors, are not responsible or liable for and shall be released and held harmless from:
10.1 Technical Issues:
• Late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected, or otherwise undeliverable correspondence
• Telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind
• Failed, incomplete, corrupted, or delayed Content transmissions
• Technical issues affecting image or video quality during transmission or storage
• Issues related to Content display, formatting, or presentation
• Platform downtime or maintenance periods
10.2 Content Issues:
• Any condition caused by events beyond the control of the Sponsor that may cause the FanVids Engagement Platform to be disrupted or corrupted
• Any printing, human, typographical, or other errors or ambiguities in (or involving) any materials associated with the platform
• Any and all losses, damages, rights, claims, and actions of any kind in connection with or resulting from participation in the platform
• Claims based on publicity rights, defamation, or invasion of privacy
• Any issues related to intellectual property rights or Content ownership
Sponsor reserves the right, in its sole discretion, to suspend or cancel the FanVids Engagement Platform at any time for any reason, including without limitation if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the platform, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.
BY PARTICIPATING IN THIS PLATFORM, USERS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY USERS AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PLATFORM OR ANY CONTENT SUBMITTED THERETO.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE FANVIDS ENGAGEMENT PLATFORM, INCLUDING THE PLATFORM ITSELF AND ALL CONTENT, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Data Protection and Privacy
11.1 Data Controller: For the purposes of applicable data protection laws, including the General Data Protection Regulation (GDPR), the data controller is the specific Sponsor whose subdomain (e.g., band1.fanvids.io) you are accessing on the FanVids Platform. The identity and contact details of the data controller will be clearly displayed on the subdomain.
11.2 Data Collection and Processing: We collect and process the following types of data:
For All Content:
• User account information
• Submission metadata
• Technical information about uploads
• Usage data and analytics
For Image Content Specifically:
• EXIF data and other image metadata
• Location data (if included in image metadata)
• Image processing and modification history
• Resolution and format information
For Video Content Specifically:
• Video metadata
• Audio track information
• Duration and frame rate data
• Encoding information
11.3 Legal Basis for Processing: We process your Personal Data on the following legal bases: a) Performance of a contract (this Agreement) b) Your explicit consent c) Our legitimate interests d) Compliance with legal obligations
11.4 Data Retention: We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Specific retention periods are as follows: a) Account information: For the duration of your account plus 12 months b) Content submissions: For the duration of the Platform's operation plus 24 months c) Technical and usage data: 36 months
After these periods, your data will be securely deleted or anonymized.
11.5 Data Sharing: We may share your data with: a) Service providers acting as Processors b) Other users (for content you choose to make public) c) Legal authorities when required by law
We do not sell your Personal Data to third parties. However, if this policy changes, we will provide you with notice and the opportunity to opt-out.
11.6 Data Protection Officer: Our Data Protection Officer can be contacted at the email address provided on the specific Sponsor's subdomain.
11.7 Data Breach Notification: In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you without undue delay, in accordance with applicable law.
12. User Rights
12.1 Under the GDPR and applicable US privacy laws, you have the following rights: a) Right to access: Request a copy of your Personal Data and Content b) Right to rectification: Request correction of inaccurate data c) Right to erasure: Request deletion of your data and Content d) Right to restrict processing e) Right to data portability: Request transfer of your data f) Right to object to processing g) Right to withdraw consent h) Right to opt-out of sales of Personal Data i) Right to non-discrimination
12.2 Exercise of Rights:
• Contact the specific Sponsor to exercise these rights
• Response within one month (or applicable legal timeframe)
• Identity verification may be required
• Some restrictions may apply based on legal requirements
12.3 For California residents: In addition to the rights above, you have the right to request the categories of Personal Information we collect, disclose, or sell about you, the categories of sources of such information, our purposes for collecting or selling such information, and the categories of third parties with whom we share Personal Information.
13. Cookies and Tracking Technologies
13.1 We use cookies and similar tracking technologies to enhance your experience on our Platform.
13.2 Types of cookies we use: a) Essential cookies: Necessary for the Platform to function properly. b) Analytical/performance cookies: To analyze Platform usage. c) Functionality cookies: To remember your preferences. d) Targeting cookies: For advertising purposes (used only with explicit consent).
13.3 You can manage your cookie preferences through your browser settings or our cookie management tool. For more information, please see the Cookie Policy available on the specific Sponsor's subdomain (e.g., band1.fanvids.io/cookie-policy).
14. International Data Transfers
14.1 Your Personal Data may be transferred to countries outside your country of residence, including outside the European Economic Area (EEA) or your US state of residence.
14.2 For transfers to non-EEA countries without an adequacy decision, we implement appropriate safeguards such as: a) Standard Contractual Clauses approved by the European Commission b) Binding Corporate Rules c) Approved Codes of Conduct
14.3 For transfers from the EU to the US, we comply with the requirements of the EU-US Data Privacy Framework.
14.4 You can obtain a copy of these safeguards by contacting us using the information provided on the specific Sponsor's subdomain.
15. Security Measures
15.1 Technical and Organizational Measures: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including: a) Content encryption in transit and at rest b) Regular security testing and evaluation c) Access controls and authentication d) Staff training on data protection and security e) Incident response procedures
15.2 Content-Specific Security: For Image Content:
• Metadata scrubbing options
• Secure storage systems
• Version control and backup
• Format validation and verification For Video Content:
• Secure streaming protocols
• Bandwidth and storage optimization
• Format verification and validation
• Encryption of sensitive metadata
15.3 Despite these measures, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your Personal Data or Content.
16. Children's Privacy
16.1 The Platform is not intended for children under 13 years of age (or the applicable age of digital consent in your country).
16.2 We do not knowingly collect Personal Data from children under 13. If you become aware that a child has provided us with Personal Data or Content, please contact us using the information provided on the specific Sponsor's subdomain.
16.3 Special Protections for Minor-Submitted Content:
• Enhanced privacy controls
• Additional content moderation
• Restricted data collection
• Parental access and control options
17. Changes to this Agreement
17.1 We may update this Agreement from time to time. We will notify you of any changes by posting the new Agreement on the specific Sponsor's subdomain and updating the "Last updated" date.
17.2 You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on the specific Sponsor's subdomain.
17.3 Your continued use of the Platform after any changes to this Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.
17.4 For material changes to our data processing activities or this Agreement, we will seek your explicit consent before implementing such changes, where required by law.
18. Dispute Resolution
18.1 This Agreement shall be governed by the laws of the jurisdiction specified by the Sponsor on their subdomain (e.g., band1.fanvids.io/legal), without regard to conflict of law principles.
18.2 All issues and questions concerning the construction, validity, interpretation, and enforceability of the FanVids Engagement Platform or the rights and obligations of users and Sponsor in connection with the FanVids Engagement Platform shall be governed by and construed in accordance with the laws of the jurisdiction specified by the Sponsor, without giving effect to any choice of law or conflict of law rules or provisions.
18.3 Disputes with FanVids, Inc. If you have a dispute with FanVids itself (rather than a dispute with the Sponsor), you agree that such dispute shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles, and shall be resolved exclusively in the state or federal courts located in the State of Delaware, unless an alternative dispute resolution mechanism is required by applicable law.
19. Contact Information
For questions about this Agreement, contact the specific Sponsor at the contact information provided on their subdomain (e.g., band1.fanvids.io/contact).
For general inquiries about the FanVids Platform, contact: FanVids, Inc., Email: support@fanvids.io
20. Consent to Receive Personalized Updates and Marketing Messages
By using this Platform, you agree to receive personalized updates and marketing messages from the specific Sponsor based on your information, interests, activities, website visits and device data, in accordance with the Sponsor's privacy policy (which will be accessible via their subdomain, e.g., band1.fanvids.io/privacy-policy). You can opt-out at any time by following the instructions provided in the marketing communications or by contacting the Sponsor directly.
21. Ownership of the Platform and Intellectual Property
21.1 FanVids owns and retains all right, title, and interest in and to the Platform (including the design, functionality, text, graphics, software, and other materials) and all associated intellectual property rights. Except for the limited license granted to you under this Agreement to access and use the Platform, nothing in this Agreement will be deemed to grant or assign to you any rights, title, or interest in or to FanVids's intellectual property.
21.2 Any feedback, suggestions, or ideas you provide to FanVids regarding improvements or modifications to the Platform ("Feedback") may be used by FanVids without restriction or obligation to you. You hereby assign all right, title, and interest in and to any Feedback to FanVids.
22. Confidentiality
To the extent you receive any non-public information about FanVids's business practices, software, or other proprietary technology ("Confidential Information"), you agree to maintain the confidentiality of such Confidential Information and not disclose it to any third party without FanVids's express written consent. This obligation does not apply to information that (a) becomes publicly available without breach of this Agreement, (b) you independently develop without referencing the Confidential Information, or (c) you rightfully obtain from a third party without obligation of confidentiality.
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FanVids Engagement Platform – Comprehensive Terms of Service, Privacy Policy, Data Processing Agreement, and Binding Corporate Rules
Last Updated: March 5, 2025
IMPORTANT: This document contains provisions that affect your legal rights. Please read carefully. Different sections apply to different roles (end-users vs. Sponsors).
Table of Contents
- Introduction and Definitions
- Platform Usage and Eligibility (Applies to All Users)
- Content Submission and Rights (Applies to All Users)
- Privacy Policy (Applies to All Users)
- Data Protection – Additional Terms for Sponsors
- Data Processing Agreement (DPA) – For Sponsors Only
- Binding Corporate Rules (BCRs) – For Sponsors Only
- Cross-Border Data Transfers (Applies to All Users)
- Security Measures (Applies to All Users)
- User Rights and Consent Management (Applies to All Users)
- Children's Privacy (Applies to All Users)
- Cookies and Tracking Technologies (Applies to All Users)
- Disclaimer of Liability (Applies to All Users)
- Indemnification (Applies to All Users)
- Dispute Resolution (Applies to All Users)
- Changes to This Agreement (Applies to All Users)
- Contact Information (Applies to All Users)
- Other Documents and Policies Incorporated By Reference
- Consent
1. Introduction and Definitions
1.1 Welcome to the FanVids Engagement Platform ("Platform"). This Platform is operated by FanVids, Inc. ("FanVids", "we", "us", or "our"). This document comprises a comprehensive agreement governing the use of the Platform and includes our Terms of Service, Privacy Policy, Data Processing Agreement, and Binding Corporate Rules as applicable.
1.2 Definitions:
- "Sponsor": Any entity (e.g., artist, label, manager) with a unique subdomain on the Platform and using the Platform to engage with end-users.
- "End-User": Any individual accessing or using the Platform to view content or interact with a Sponsor (but not acting as a Sponsor themselves).
- "User": Refers to either an End-User or a Sponsor, unless explicitly stated otherwise.
- "Content": Any videos, images, pictures, photographs, or other visual media submitted to the Platform.
- "Video Content": Any moving image content, including digital video files, animations, and motion graphics.
- "Image Content": Any still images, including photographs, digital artwork, and graphic designs.
- "Submission": Any Content uploaded to the Platform by a User.
- "Personal Data": Any information relating to an identified or identifiable natural person ('data subject').
- "Processing": Any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
- "Data Controller": The entity which determines the purposes and means of the Processing of Personal Data.
- "Data Processor": An entity which processes Personal Data on behalf of the Data Controller.
- "Data Subject": The identified or identifiable natural person to whom Personal Data relates.
- "Binding Corporate Rules (BCRs)": Data protection policies adhered to by multinational organizations for transfers of personal data across their international entities.
1.3 Acceptance:
By using the Platform (whether you are an End-User or a Sponsor), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use the Platform.
2. Platform Usage and Eligibility (Applies to All Users)
2.1 The FanVids Engagement Platform is designed to provide fans with an interactive and engaging experience allowing them to connect with various artists, labels, and managers ("Sponsor") and their communities. Each Sponsor has a unique subdomain on the FanVids Platform (e.g., band1.fanvids.io, artist2.fanvids.io).
2.2 Eligibility: The FanVids Engagement Platform is open to users who are legal residents of countries where such platforms are permitted by law. Void where prohibited. Users must have reached the age of majority in their country of residence and have Internet access. Any user(s) under the age of majority will need a parent's or legal guardian's permission to participate.
2.3 User Accounts; Account Security: If the Platform requires you to create or maintain a user account, you agree to:
- Provide accurate, current, and complete information when creating your account.
- Maintain the security and confidentiality of your account credentials.
- Promptly notify FanVids at support@fanvids.io of any unauthorized access to or use of your account.
- Be responsible for all activities that occur under your account.
FanVids reserves the right to suspend or terminate your account, or any portion thereof, at any time and for any or no reason, with or without notice.
3. Content Submission and Rights (Applies to All Users)
3.1 Content Submission Requirements: To participate, upload your Content on the FanVids Engagement Platform. Video Content must not exceed the duration stated on the platform, if any. Image Content must meet the format and size requirements specified on the platform, if any.
3.2 Content must:
- Respond to the prompt stated on the platform.
- Meet the technical specifications provided on the platform.
3.3 Content must NOT:
- Exceed the specified technical limitations.
- Contain material which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, or harassing.
- Infringe upon any copyrighted media.
- Contain material that violates or infringes another's rights.
3.4 Image Content specifically:
- Must not contain watermarks, borders, or text overlays unless explicitly permitted by the prompt.
- Must not be manipulated or edited in ways that misrepresent the subject matter.
- Must not be composite images unless explicitly permitted by the prompt.
- Must not include identifiable individuals without their express consent.
- Must not include any metadata that contains personal or sensitive information.
3.5 Video Content specifically:
- Must not include third parties without their express authorization.
- Must not use music that isn't originally written, performed, and produced by you, the user.
3.6 Rights in Submissions: Users will retain copyright in their work, but each user grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit, or disseminate the Content in all media or platforms whether now known or hereafter invented.
3.7 Prohibited Uses: In addition to the specific Content Submission Requirements above, you agree that you will not:
- Use the Platform for any unlawful, fraudulent, or malicious purpose.
- Attempt to gain unauthorized access to any portion of the Platform.
- Use any automated means to access, acquire, copy, or monitor any portion of the Platform.
- Introduce any malicious or technologically harmful material.
- Attempt to interfere with the proper working of the Platform.
- Use automated tools or AI to generate or modify Content without explicit disclosure and permission from the Sponsor.
4. Privacy Policy (Applies to All Users)
4.1 Data Collection and Use:
We collect personal information such as name, email address, and location when you create an account or submit content. User-Generated Content may be used by the Sponsor for promotional purposes, subject to your explicit consent. We collect usage data including IP address, device information, and browsing activity.
4.2 Data Retention:
We retain personal data for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. User-generated content may be retained indefinitely unless explicitly deleted by the user or Sponsor.
4.3 Data Protection and Privacy:
FanVids is committed to complying with applicable privacy laws and regulations globally, including GDPR, CCPA, PIPEDA, LGPD, APPI, and the Australian Privacy Act.
5. Data Protection – Additional Terms for Sponsors
5.1 Acknowledgment of Responsibilities: As a Sponsor using the FanVids Platform, you acknowledge that you are acting as a Data Controller. You are responsible for determining the purposes and means of processing Personal Data collected through the Platform.
5.2 Responsibility for Data Processing Activities:
You will at all times comply with all applicable Data Protection Laws in connection with the Processing of Personal Data.
5.3 Providing Transparency to Users:
You are responsible for providing clear and comprehensive information to users about your data collection and processing practices.
5.4 Data Security and Storage:
You must implement and maintain appropriate technical and organizational measures to protect personal data.
5.5 Consent Management:
You are responsible for ensuring that you obtain valid consent from users for the collection and processing of their personal data, where required by applicable data protection laws.
5.6 Cross-Border Data Transfers:
If you transfer personal data to a country or territory outside the data subject's jurisdiction, you must comply with all applicable data protection laws.
5.7 Right to Audit:
You will have the right, upon reasonable notice and subject to appropriate confidentiality obligations, to audit the data protection and security measures implemented by FanVids.
6. Data Processing Agreement (DPA) – For Sponsors Only
6.1 Definitions: Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to them in the Agreement.
6.2 Processing of Personal Data:
- FanVids shall Process Personal Data only on behalf of and in accordance with Controller's documented instructions.
- FanVids shall inform Controller if, in its opinion, an instruction infringes Data Protection Laws.
6.3 Confidentiality:
FanVids shall ensure that persons authorized to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
6.4 Security:
FanVids shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
6.5 Sub-processing:
Controller authorizes FanVids to engage sub-processors. FanVids shall inform Controller of any intended changes concerning the addition or replacement of sub-processors.
6.6 Data Subject Rights:
FanVids shall assist Controller in responding to requests for exercising the data subject's rights under Data Protection Laws.
6.7 Personal Data Breach:
FanVids shall notify Controller without undue delay after becoming aware of a Personal Data Breach.
6.8 Data Protection Impact Assessment:
FanVids shall provide reasonable assistance to Controller with any data protection impact assessments.
6.9 Deletion or Return of Personal Data:
FanVids shall, at the choice of Controller, delete or return all the Personal Data to Controller after the end of the provision of services relating to Processing.
6.10 Audits:
FanVids shall make available to Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA.
7. Binding Corporate Rules (BCRs) – For Sponsors Only
7.1 Scope and Binding Nature:
These BCRs apply to all entities within the FanVids corporate group and are legally binding on all employees and subcontractors.
7.2 Data Protection Principles:
FanVids adheres to the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability.
7.3 Data Subject Rights:
FanVids respects and facilitates the exercise of data subject rights, including the right to access, rectification, erasure, restriction of processing, data portability, and objection.
7.4 Complaint Mechanism:
Data subjects may file complaints through our dedicated complaint handling process at support@fanvids.io.
7.5 Liability:
The FanVids entity in the EU accepts responsibility for and agrees to take the necessary action to remedy the acts of other group members outside the EU and to pay compensation for any damages resulting from the violation of the BCRs.
7.6 Cooperation with Supervisory Authorities:
All FanVids entities agree to cooperate with and accept to be audited by the supervisory authorities.
7.7 Updates to BCRs:
Any substantial changes to these BCRs will be reported to the supervisory authorities.
8. Cross-Border Data Transfers (Applies to All Users)
8.1 FanVids implements appropriate safeguards for international data transfers, including Standard Contractual Clauses and Binding Corporate Rules.
8.2 Users acknowledge and consent to the transfer of their Personal Data to countries outside their jurisdiction, subject to appropriate safeguards.
9. Security Measures (Applies to All Users)
9.1 FanVids implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
- Encryption of personal data
- Ability to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems and services
- Ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
- Process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing
10. User Rights and Consent Management (Applies to All Users)
10.1 Users have the right to:
- Access their Personal Data
- Rectify inaccurate Personal Data
- Erase their Personal Data
- Restrict processing of their Personal Data
- Data portability
- Object to processing of their Personal Data
10.2 Users can exercise these rights by contacting support@fanvids.io.
11. Children's Privacy (Applies to All Users)
11.1 FanVids does not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.
12. Cookies and Tracking Technologies (Applies to All Users)
12.1 FanVids uses cookies and similar tracking technologies to collect information about your browsing activities over time and across different websites.
12.2 Users can control cookies through their browser settings and other tools.
13. Disclaimer of Liability (Applies to All Users)
13.1 FanVids disclaims all liability for:
- Content provided by users or Sponsors
- Losses arising from use of the Platform
- Technical issues or interruptions in service
14. Indemnification (Applies to All Users)
14.1 Users agree to indemnify and hold harmless FanVids, its affiliates, officers, agents, employees, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Platform.
15. Dispute Resolution (Applies to All Users)
15.1 Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15.2 The place of arbitration shall be [Insert Location].
15.3 This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
16. Changes to This Agreement (Applies to All Users)
16.1 FanVids reserves the right to modify this Agreement at any time. We will notify users of any material changes through email, platform notifications, or other appropriate means.
17. Contact Information (Applies to All Users)
For any questions or concerns regarding this Agreement or our privacy practices, please contact:
Data Protection Officer
FanVids, Inc.
Email: support@fanvids.io
Address: 160 Alewife Brook Pkwy #1328, Cambridge, MA 02138
18. Other Documents and Policies Incorporated By Reference
18.1 The following documents are incorporated by reference into this Agreement:
- FanVids Platform Technical Specifications
- FanVids Copyright Policy
- FanVids Community Guidelines
19. Consent
By using the FanVids Engagement Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including the Terms of Service, Privacy Policy, Data Processing Agreement (if applicable), and Binding Corporate Rules (if applicable).