Terms

TERMS OF USE

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BY ACCESSING AND USING OUR DIGITAL EXPERIENCES YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use (“Terms”) govern your access to and use of PlayerFan and your agreement with us. By accessing or using PlayerFan and/or any Digital Experience, you are deemed to have agreed to these Terms.

Here are a few key things to note:

We may change these Terms and the Terms of Service at any time. You must comply with the Terms of Service.
If you sign up to a Plan, we will automatically renew your Plan for additional periods of the same duration upon expiration indefinitely, until you cancel your Plan. You must pay for any additional pay-per-view Content not included in your Plan that you select, in addition to paying for your Plan.
Your rights depend on your location when accessing PlayerFan.
If there is a dispute between you and us, you agree to notify us and try to resolve it through mediation before taking legal action.

Interpretation:

In these Terms, the following words have the following meanings:-

"Business User": A user who uses PlayerFan for commercial purposes, whether individually or through an agent.
"Consumer": all Users who are not Business Users.
"Content": any material Uploaded to PlayerFan by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
“Digital Experiences”: includes PlayerFan.tv website, PlayerFan mobile apps, Smart TV apps, PlayerFan Social Media channels, PlayerFan embedded experiences in other applications.
"Include", "Includes", and "Including" also mean "without limitation".
"Indirect Sales Taxes": any Tax that is statutorily applied to Viewer Payments in any relevant jurisdiction.
"Notice", "Notify", and "Notification": We will attempt to share information with you by:
- sending a message to your PlayerFan account;
- sending an email to the email address you provide;
- sending a letter to the physical address you provide;
- sending a text message to or calling the phone number you provide; or
- posting the information on the PlayerFan website.

"Plan": A Viewer's binding agreement to obtain access to a collection of content (excluding individually priced content) available to Viewers via PlayerFan for a specified period of time, in exchange for authorised automatic renewal payments.
"PlayerFan" means the PlayerFan website, including when accessed via the URL www.PlayerFan.tv or our mobile applications.
"Streamer": a User who has set up their PlayerFan account to post Content for Viewers to view.
"Streamer Earnings": the amount of money from a Viewer Payment that a Streamer receives that relates directly to the Content that Streamer Uploaded (as determined by us), based on these Terms of Service, after deduction of all fees and Taxes (including our fees).
"Subscriber List": A list of email addresses provided by a Streamer, used to invite individuals to view their content on PlayerFan.
"Tax": all forms of tax and statutory and governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction.
"Terms of Service" (also called "your agreement with us"): the legally binding agreement between you and us which consists of:
1. these Terms of Use;
2. Acceptable Use Policy;
3. Privacy Policy; and
4. any other terms and conditions published by us.

"Upload": publish, display, post, type, stream, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
"User": any person or entity who accesses or uses PlayerFan, whether a Streamer or a Viewer or both (also referred to as "you" or "your").
"Viewer Interaction": a Viewer's interaction with, or payment to PlayerFan that allows access to the Streamer's Content, including but not limited to: (i) a Plan; (ii) a pay-per-view payment; and (iii) any other interaction or payment of any kind.
"Viewer": a User who has registered for an account with PlayerFan and who can access Streamers' Content via a Viewer Interaction.
"Viewer Payment": any payment by a Viewer related to a Viewer Interaction.

References to "we", "our", "us" are references to PLAYERFAN (AUS) PTY LTD (ABN 75 681 650 322), a company registered in Australia, being the operator of PlayerFan.

To contact us with questions, please email support@playerfan.tv.

We may change the Terms of Service:

Unless prohibited by law, we may change any section of the Terms of Service without Notice to you to:

Reflect changes in applicable laws and regulations; and/or
Address a risk to PlayerFan, to us, to Users, or to any third parties.

We may also make other changes for convenience, but in that case we will Notify you. If you continue to use or access PlayerFan and/or Digital Experiences after receiving Notice, you will be bound by the updated Terms of Service.

PlayerFan may be changed, suspended, or deactivated by us:

PlayerFan and Digital Experiences may be changed at any time for any reason and access and/or availability may be interrupted, suspended, withdrawn, or restricted at any time for any reason. By registering and using PlayerFan, you agree to these Terms of Service. You must provide a valid email and set a secure password, or use a third-party authentication option. Your password must meet PlayerFan's requirements as varied by us from time to time. We may reject account applications for any reason whatsoever. If you don't agree to the Terms of Service, you must not use PlayerFan.

To register as a User and open a Viewer account:

To access and use PlayerFan and/or Digital Experiences, you must meet the following requirements:

Be at least 18 years old;
Be legally capable of entering into a contract with us;
Be legally permitted to join, view Content, and use any PlayerFan functionality; and
Agree to pay (where required) for Viewer Interactions in accordance with the Terms of Service.

If you don't meet these requirements, you must not access or use PlayerFan and/or Digital Experiences. You may also be asked to provide additional information at our absolute discretion before your account is approved.

You must not:-

Use PlayerFan for any illegal or unauthorized purpose;
Share, copy, reproduce, or distribute Content unless permitted by these Terms;
Interfere with or disrupt the integrity or performance of PlayerFan;
Post any Content that is illegal, racist, sexist, ableist or otherwise offensive or likely to offend; or
Attempt to access data or Content not intended for you.

To open a Streamer account, you must also:

To sign up as a Streamer, you must provide the following information:

Your full name;
Your contact phone number;
If applicable, legal name of the registered business entity that owns the Content you want to upload/stream via PlayerFan and confirmation that you are authorised to act on behalf of that legal entity;
Registered Address of the Streamer;
Information needed for taxation purposes in your region/country (e.g. ABN in Australia);
Public email address (this appears to Viewers on your profile page); and
Public phone number (this appears to Viewers on your profile page).

You will also need to:

Select a payment method (“Payout Detail”) for us to transfer Streamer Earnings to you;
Set a pay per view price for your Content. (subject to any minimum and/or maximum prices and standards as set by us in our absolute discretion);
Add Content for Viewers to view; and
Provide any additional information we request at our absolute discretion, which may vary depending on where you live or your nationality to complete the verification process.

Additionally, you must confirm that you:

Don’t have another PlayerFan account; and
Don’t have any prior suspensions or account cancellations by PlayerFan.

You warrant that any information given by you or on your behalf to us is true and correct and that you have all legal and other permissions to disclose any information to us.

Streamer Subscriber Lists and Email Invitations

Streamers may create a Subscriber List within their PlayerFan account. This list allows Streamers to invite individuals to view their Content on PlayerFan by providing their email addresses.

Streamer Responsibilities:

Consent: Streamers must only add individuals to their Subscriber List and send invitations if they have obtained the appropriate prior consent from those individuals to receive such communications.
Accuracy: Streamers are responsible for ensuring the accuracy of the email addresses and any other information and Content they provide.
Compliance: Streamers must comply with all applicable laws and regulations, including those regarding privacy, data use and collection, email marketing and communication, including but not limited to anti-spam laws.
No Spam: Streamers must not use the Subscriber List feature to send unsolicited emails or spam.
Removal Requests: Streamers must promptly remove any individual from their subscriber list upon request.

PlayerFan's Role:

Email Delivery: We will use the email addresses provided by Streamers to send invitations to sign up to PlayerFan and view their Content.
Opt-Out: We will provide an opt-out mechanism in all email invitations, allowing recipients to unsubscribe from future communications.
Privacy: We will handle email addresses in accordance with our Privacy Policy.
No Endorsement: We do not endorse or guarantee the content of any emails sent by Streamers.

User Consent:

By providing their email address to a Streamer, individuals consent to receiving invitations from that Streamer via PlayerFan to view their Content on PlayerFan. Individuals may revoke this consent at any time by using the opt-out mechanism provided in the email invitations.

Violation:

Any Streamer found to be misusing the Subscriber List feature or sending unsolicited, unlawful or otherwise offensive emails may have their account suspended or terminated, and any Streamer Earnings may be withheld.

Content – general terms:

Content and Confidentiality
- Your Content is not confidential, and by uploading it, you grant Viewers the right to access and view it on PlayerFan for their personal, lawful use.
- You warrant that you have the legal right to make any Content available to Viewers, and that any Content you Upload is compliant with all laws, does not infringe any third party rights (including intellectual property rights) and is not racist, sexist, ableist or otherwise offensive to or likely to offend any person.
- You acknowledge that we cannot control what Viewers do with any Content, and you release us from any liability in this regard.
Responsibility for Content
- You bear full legal responsibility for all Content you Upload, even if you get help from others to operate your Streamer account. We hold you solely accountable for ensuring your account and its Content adhere to the Terms of Service.

Content Requirements & Liabilities

To post and monetise Content on PlayerFan, the Content must comply with the Terms of Service, comply with all applicable laws, and be of high quality.
You must own all intellectual property rights to the Content or hold the necessary licences to post and monetise it on PlayerFan. This includes securing all necessary rights and releases for any third-party material included in your content.
You are responsible for ensuring the Content is as described, fit for its intended purpose, and accurately described on your account and in any advertising.
You warrant that Content Uploaded by you will remain available on PlayerFan for Users to view for a period of at least 90 days.
You will be liable for any loss or damage we suffer if any of these warranties are untrue.
PlayerFan is not responsible for, does not control, and does not endorse any User-posted or Streamer-posted Content. We reserve the right to pre-screen, monitor, reuse, and remove Content that violates our Terms of Service.

Viewer Plans and purchases:

Payment and Pricing

All prices are in AUD unless otherwise specified. Your payment provider may charge currency conversion fees.
Prices do not include Indirect Sales Tax, which will be added at the applicable rate.
To access Content, Viewers must pay to unlock it. Viewers acknowledge that Content they pay for will not be available indefinitely and you release us from any liability if Content is not longer available on PlayerFan.
Users authorize us and our subsidiaries to provide their payment information and other details to a third-party payment provider to process payments.
The payment provider will take periodic payments for Plans and immediate payments for one-off purchases. You authorize these payments to be debited using your provided payment information.
You warrant that the payment information provided by you is true and correct, and that you are the authorised holder of any credit card, account or bank account provided by you.
If you provide multiple payment methods and one fails, we will use another for the payment.
If your payment method(s) fail, your access to PlayerFan and/or Digital Experiences shall be revoked.

Plans

When you "Sign Up to a Plan," you agree to start a subscription that will automatically renew at the current rate (plus Indirect Sales Tax) on a continuing basis.
You authorize us to charge you for the price of your Plan and any Indirect Sales Tax automatically after each billing period unless:
- Your payment is declined, and you haven't provided another payment method;
- You turned off "Auto-Renew" on your account;
- You have cancelled your Plan before the new billing period starts; or
- You close your PlayerFan account before the new billing period starts.
By signing up, you agree to these Terms and acknowledge that you won't receive further notice about renewals.
Your Plan will automatically renew at the end of each billing period indefinitely, until such time as your cancel your Plan (or we otherwise terminate your Plan).
If the price of your Plan increases, we will provide you with at least 14 days’ Notice prior to the increased prices coming into effect. If you do not cancel your Plan during the Notice period, you will be deemed to have accepted the new price and authorise us to debit the new price (and Indirect Sales Tax) using your chosen payment method.
If you cancel a Plan, you can view the Content until the end of the current billing period. After that, you won't be charged, and you won't be able to view the Content.
Any additional Viewer Payments shall be separate and shall be automatically deducted by us using the payment details you have provided. By selecting pay-per-view Content, you authorise us to deduct Viewer Payments using your payment information.

Refunds and Chargebacks

You agree not to make unjustified refund or chargeback requests. If we determine a request was made in bad faith, we may suspend or delete your account. We are not obliged to make any refund or chargeback. Refunds or chargebacks shall be determined at our sole discretion.

Streamer Payouts

All Viewer Payments are received and processed by an approved third-party payment provider. This provided may be altered at our discretion.
For Viewer Payments that relate specifically to the pay-per-view Content of a specific Streamer, we shall deduct all Taxes and processing fees. We shall then retain 20% of the balance, and 80% of the balance shall be paid to that specific Streamer who Uploaded the Content that the payment relates to.
Any Viewer Payments (or any portion thereof) not related to a specific Streamer shall be retained in full by us.
Streamer Earnings are paid automatically to the nominated "Payout Option" monthly.
If a Viewer successfully gets a refund or chargeback, we may deduct the equivalent of the Streamer Earnings portion from the streamer's "Payout Option."
Except for Payout Options by direct bank transfer, we don't store the data you disclose when registering your Payout Options with a payment provider. This shall be retained by a third party payment provider.
The calculation of Streamer Earnings shall be at our sole discretion.
Save for Streamer Earnings as determined by us, we are not liable for any other payment to Streamers.

Tax Compliance

Responsibility

Streamers are solely responsible for managing their own tax affairs and ensuring they meet all tax obligations related to their earnings on PlayerFan. This includes reporting and paying taxes on all income received from using the platform, as required by the relevant tax authority in their jurisdiction. You indemnify us and our related bodies corporate, directors, officers, employees and agents for any loss we suffer as a result of your breach of your tax obligations.

PlayerFan's Role

Neither us nor our subsidiaries are responsible for:

Providing tax advice;
Offering general tax information; or
Any streamer's failure to pay taxes.

All Steamers warrant that they have obtained their own tax and accounting advice in relation to their use of PlayerFan.

Non-Compliance

PlayerFan reserves the right to close, restrict payouts from, or restrict earnings from a Streamer's account if they:

Become tax non-compliant while using PlayerFan; or
Are involved in any legal action related to tax non-compliance associated with their use of PlayerFan.

Consequences of Non-Compliance

Failure to comply with tax obligations may result in the closure or suspension of the Streamer's PlayerFan account.

Our Rights and Obligations

We have the right to suspend or remove Content that might violate our Terms of Service.
We shall promptly remove illegal or offensive Content once we become aware of it on PlayerFan.
We may use technology tools like classifiers, and Artificial Intelligence and Machine Learning-enabled tools to detect and remove Content that violates our policies when we review Content according to our internal policies.
We might use recommender systems to suggest Content to Viewers. We make no guarantee that your Content will be recommended.
We aren't responsible for any loss you claim to have suffered due to any action we take, according to our Terms of Service, to suspend or remove Content.
We might suspend or delete Content and accounts according to our Terms of Service. We will try to Notify you if this occurs.
If your account is terminated, we have the right to continue to access and use your Content in accordance with our Terms of Service.
We might investigate and/or report any suspected or alleged misuse, abuse, or unlawful use of PlayerFan and work with law enforcement agencies in these investigations.
We might share any information or records in our possession or control about your use of PlayerFan with third parties, in line with our Privacy Policy.
We might change which third-party payment providers process Viewer Payments.
Except for Content owned by or licensed to Streamers, we and/or our licensors own all rights in and to PlayerFan and all of its content.
No Streamer or User has any rights to any intellectual property relating to PlayerFan.
We are the sole owners of any and all anonymized data related to your use of PlayerFan, and we can use that data for any purpose allowed by law.
We may choose how we communicate with you, including by emails and messages posted to your PlayerFan account. By having a PlayerFan account, you consent to us sending you communications, including emails and text messages, including for marketing and advertising purposes.
We can add additional content, videos, overlays, and general functionality to your Content to enhance the viewer experience. This additional Content could be owned by PlayerFan or licensed from third parties. You will not have any rights, control or ownership over this additional Content or any revenue generated from this Content by PlayerFan or other third parties, unless the additional Content was also supplied by you.

Our Liability Limitations

To the extent permitted by law, we are not responsible for and expressly disclaim liability in relation to the following:

Content posted by Streamers on PlayerFan, including the completeness, legitimacy, legality, accuracy, or reliability of such Content. You rely on any Content at your own risk.
Whether your Content is viewed by individuals who recognize your identity.
Suggestions, comments, reviews, or requests made by any User.
Any amount of Streamer Earnings. You acknowledge that we make no guarantee as to whether Streamers will generate any Streamer Earnings from PlayerFan.
PlayerFan's compatibility with all devices and operating systems. You are responsible for configuring your device and software to access PlayerFan.
Internet availability or issues with your hardware or software that may impact your use of PlayerFan.
Lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or transactions.
The circulation of Content recorded in breach of the Terms of Service.

For the avoidance of doubt, nothing in these Terms excludes, restricts of modifies any rights you have under existing laws that cannot be excluded, including the Competition and Consumer Act 2010 (Cth).

Circumstances for Account Suspension or Deletion, and Content Removal:

We hold the right to suspend or delete your account with 30-days’ Notice at any time and for any reason.

Additionally, we may take immediate action without warning or notice, including suspending or deleting your account and/or Content, pausing or refunding Viewer Payments, and withholding Streamer Earnings, if we believe that:

You have seriously or repeatedly violated the Terms of Service, or attempted or threatened to do so in a way that could have serious consequences for us or any other User, person or entity.
Any part of your Streamer Earnings resulted from unlawful or fraudulent activity by you or a Viewer.

If we determine, after review, that any of the above is true, we may permanently delete your account and/or Content, treat part or all of your Streamer Earnings as forfeited, and/or refund or cancel Viewer Payments. We will Notify you of any such action and provide a statement of reasons. If your Viewer account is terminated due to a violation of the Terms of Service, Viewer Payments, including prepaid Plans and subscriptions, will not be refunded.

Disputing Our Decisions:

If you do not dispute our decision within six months of notification, you waive the right to do so. You may dispute a Streamer Earnings forfeiture decision by following our Complaints Policy and dispute an account termination or Content deactivation decision by following our Appeals Policy. In certain jurisdictions, you may be entitled to bring a claim against us for breach of contract where we remove or restrict access to your Content or the PlayerFan platform in breach of our Terms of Service.

Additional Circumstances:

If a lien, levy, or other encumbrance is placed on your Streamer Earnings, we may withhold any part of your Streamer Earnings and may suspend or cancel Viewer Payments. We have no duty to make ongoing payments to your creditor(s) and may withhold Streamer Earnings until an encumbrance is removed.

We may use any part of your Streamer Earnings to offset any harm or loss we suffer as a result of your breach(es) of the Terms of Service.

Intellectual Property Rights

Ownership and Licenses

You own your Content and confirm that it doesn't violate any third-party intellectual property rights. You warrant that you have all the necessary rights to use and distribute it.
You grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use your Content in any way related to PlayerFan and our products and services, including reproducing, altering, editing, distributing, publicly displaying, and creating derivative works. This also includes using your Content to improve our features and functionality.
Except as required by law, you waive any moral rights you may have to object to how we use your Content.
We will not sell your Content to other platforms. However, if our company or its assets are sold, we may transfer the license you've granted us.
While we don't own your Content, you give us the right to submit infringement notifications (e.g., copyright or trademark) on your behalf to any third-party that is infringing your Content. However, we are not obligated to do so.
Our DMCA Takedown Policy outlines our procedures for handling reports of infringing content on PlayerFan.
We own all intellectual property relating to PlayerFan and our products and services. Nothing in these Terms of Service has the effect of transferring any of our intellectual property rights to you.

Advertising on PlayerFan: PlayerFan maintains a strict policy against unauthorized advertising. Users are prohibited from uploading any Content that is intended to promote or endorse a product, service, brand, or entity without explicit prior written permission from us. This includes, but is not limited to, Content that features:

Commercial Products or Services: Any Content that showcases or highlights a product or service with the intention or likely result of generating sales or leads.
Brand Logos or Slogans: Any prominent display of a brand's logo, slogan, or other identifying mark.
Promotional Messages or Calls to Action: Any Content that explicitly encourages viewers to purchase a product, sign up for a service, or visit a website.
Sponsored Content: Any content that has been paid for or incentivized by a third-party entity.
Affiliate Links: Any links that direct viewers to a product or service where the uploader may receive a commission or other benefit.

Users who violate this may have their Content removed, their accounts suspended, or face other consequences. If you are interested in advertising on PlayerFan, please contact our advertising team.

This prohibition does not apply to us. We may upload any Content that is intended to promote or endorse a product, service, brand, or entity, including advertising, marketing, sponsored content and affiliate links.

Account Deletion:

Viewers can delete their PlayerFan account in the 'User Profile' section. The account will be deleted within a reasonable time, and no further Plan fees will be charged. Once deleted, users cannot access their former account or any Content.
Streamers can also delete their account in the 'User Profile' section, but the account will remain open until all active Viewer Plans expire. PlayerFan will then pay any unpaid Streamer Earnings before deleting the account and all its subscriptions. Deleted subscriptions cannot be renewed, and users cannot access their former account or Content. Note that deleting a PlayerFan account does not automatically delete Co-Authored Content posted by another Streamer.
Regardless of account type (Viewer or Streamer), PlayerFan may retain and handle user data in accordance with its Privacy Policy after account deletion.

Liability:

To the extent permitted by law, PlayerFan (AUS) PTY LTD, its subsidiaries, directors, employees, owners, officers, representatives and agents will not be liable for any damages or losses of any kind incurred, directly or indirectly, by any person or entity (including a User or third party) as a result of their use of or access to the PlayerFan platform and any Digital Experience, including but not limited to:

Content uploaded by other Users
Financial losses
Interruption of service
Data loss or corruption
Errors or omissions

To the extent permitted by law, notwithstanding any other provision of the Terms of Service, the maximum aggregate liability of us to indemnify or otherwise compensate a User or any other person (including by way of damages) pursuant to the Terms of Service or in any way relating to their use of or access to PlayerFan, shall not exceed an amount equal to the subscription fees (excluding Taxes and any amounts paid to third parties including Streamers) paid by that User to us in the three (3) months immediately preceding the event that lead to the claim.

Users agree to indemnify and hold harmless PlayerFan (AUS) PTY LTD and its subsidiaries, directors, employees, owners, officers, representatives and agents from and against any claims, damages, liabilities, loss and expenses whatsoever arising from their use of PlayerFan or any breach of these Terms of Service. This indemnity survives termination of the Terms of Service and termination of your account.

General Terms

Severability: If any part of the Terms of Service are unenforceable, the rest remains in full force and effect.
No Waiver: Our failure to enforce any part of the Terms of Service does not waive our right to do so later.
Reservation of Rights: We and our affiliates retain all rights not expressly granted to you.
No Implied License: No licenses or rights are implied; only those expressly stated in these Terms of Service apply.
No Special Relationship: This agreement does not create any agency, partnership, or other special relationship. You cannot represent us or bind us in any way.
Third-Party Rights: This agreement does not give rights to any third parties, except that our affiliates may enforce certain provisions.
No Transfer: You cannot transfer your rights or obligations under these Terms of Service.
Assignment: We can assign or transfer our rights and obligations under this agreement.
Entire Agreement: These Terms constitute the entire agreement between us and you regarding your use of PlayerFan and supersede all prior agreements.

Contact: To contact us about PlayerFan or these Terms, email support@PlayerFan.tv.

Governing Law and Jurisdiction

For Consumers:

Choice of law: To the greatest extent permitted by the laws of the place where you live, your agreement with us is governed by the laws of Victoria, Australia, which will apply to any claim arising out of or in connection with your agreements with us or your use of PlayerFan, including non-contractual disputes or claims. You may also rely on mandatory rules of the law of the country where you live.
Forum selection: you and we agree that the courts of Victoria, Australia will have jurisdiction over any claim which arises out of or in connection with your agreement with us or your use of PlayerFan (including non-contractual disputes or claims).
If a dispute arises between you and us, then either party may refer the matter to arbitration. Arbitration will be conducted in accordance with the Australian Centre for International Commercial Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The decision of the arbitrator shall be final and binding on the parties. This clause shall not prevent a party from seeking urgent or injunctive relief through the Courts.

For Business Users:

Choice of law: If you are a Business User, your agreement with us is governed by the laws of Victoria, Australia, which will apply to any dispute arising out of or in connection with your agreement with us or your use of PlayerFan, including non-contractual disputes or claims without regard to conflict of law provisions.
Forum selection: If you are a Business User, you and we agree that the courts of Victoria, Australia will have jurisdiction over any claim which arises out of or in connection with your agreement with us or your use of PlayerFan (including non-contractual disputes or claims).
Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action against us or any subsidiary must be filed within the earlier of one year after the date on which such claim or cause of action arose or the date on which you learned or should have learned of the facts giving rise to the cause of action, or that claim is expressly waived and cannot be brought.
Dispute resolution: You agree to notify us prior to bringing any cause of action and to submit any dispute to pre-suit mediation at our request. This provision is a material inducement to allow you to use PlayerFan.
If you are a User and commence proceedings against us or any subsidiary, we reserve the right to terminate your account to minimise the risk of potential harm to PlayerFan, to us, and to our community.
If a dispute arises between you and us, then either party may refer the matter to arbitration. Arbitration will be conducted in accordance with the Australian Centre for International Commercial Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The decision of the arbitrator shall be final and binding on the parties. This clause shall not prevent a party from seeking urgent or injunctive relief through the Courts.
Failure to comply with the requirements of this section is a material breach of the Terms of Service.

Privacy Policy

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Acceptable Use Policy

DMCA Takedown Policy