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Terms & Conditions
August 28, 2017

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I. Terms and Conditions of Use of Fanatiz

  The user, subscriber and/or beneficiary of any of the products and services offered under the Fanatiz brand (the “User”), represents having read, understood and freely accepted the following terms and conditions (the “Terms and Conditions”):


 1.   Services provided by Fanatiz

  Fanatiz has a digital platform (the “Platform”), consisting of a mobile application and a web platform (including the web page www.fanatiz.com) for live or pre-recorded broadcast of digital audiovisual content through the Internet and other data broadcast means, which allows reproducing such contents, either directly on Fanatiz’s website or on televisions, computers, mobile devices and other Internet-connected devices, both free and paid through a membership or subscription.

In this regard, through the Platform, Fanatiz provides its Users with services for broadcasting and relay, promotion and reproduction of live or pre-recorded digital audiovisual content, including sports events and competitions, as well as news, special events and other audiovisual entertainment (the “Audiovisual Content”), in order for said Content to be reproduced by Fanatiz’s Users, whether directly on Fanatiz’s website or through Internet-connected devices owned by the Users or to which the Users have access, compatible with the Platform. 

The aforementioned services, as well as any other product or service provided by Fanatiz to its Users, are hereinafter referred to as the “Services”.

These Terms and Conditions govern the subscription, payment, use and enjoyment of the Services, including all features and functionalities, website and User interfaces, as well as contents and software relating thereof.


1. Acceptance of Terms and Conditions:

 a. These Terms and Conditions govern the Services provided by Fanatiz, and also include the relevant Privacy Policies and Advertising Authorization of Fanatiz. 

 b. By accepting these terms and conditions, the User consents to them for all legal purposes, including the acceptance of Fanatiz’s Privacy Policies.

 c. The Services are rendered by Fanatiz SpA (“Fanatiz”), a sociedad por acciones in force and validly incorporated in the Republic of Chile. Both Fanatiz and the Services rendered to you by the latter, and these Terms and Conditions, are governed by the laws of the Republic of Chile, to which any potential controversy, conflict or claim between Fanatiz and its Users will be subject to. 


2. Amendment of the Terms and Conditions.

Fanatiz may amend all or part of these Terms and Conditions, including the Advertising Authorization and the Privacy Policies, being bound to notify its users at least 30 days in advance, by email and also by communicating said circumstance in Fanatiz’s webpage. However, changes to the Privacy Policies that in any way imply processing Users’ personal data will require the Users’ express consent. 


3. Privacy.

Users’ personal information is subject to our Privacy Policies, which terms and conditions are included in this document, as an integral part of it. 


4. Preferences in communication.

By using the Services, the User agrees to receive electronic communications from Fanatiz. These electronic communications may include, for example, messages to the email address each User indicated when registering, publication of communications directly through Fanatiz’s Services or in the section of Fanatiz’s webpage named “Your account” or “User”, all at Fanatiz’s discretion. From time to time, Fanatiz may modify the configuration of the User’s access method and include notices about its account (e.g. payment authorizations, change of password or payment method, confirmation emails and other information on transactions) that are part of the User’s relationship with Fanatiz. The User agrees that any notice, agreement, disclosure or other electronic communications received from us shall be deemed as a written communication for all legal purposes. The User agrees to receive certain communications from us, such as news on the new features of Fanatiz or the Services, special offers, promotions, promotional announcements, advertising and customer surveys, by email or otherwise (the “Promotional Communications”). However, the user will always have the possibility to electronically request for information delivery to be suspended. If you no longer wish to receive our Promotional Communications, you just need to follow procedure set out or to be set out on Fanatiz’s website. 


5. Membership or subscription, Free Trials, Billing and Cancellation.

Fanatiz will provide its clients with the possibility to subscribe to its Services by paying a membership or monthly payment. Notwithstanding the foregoing, Fanatiz may provide certain products and services to its Users free of charge, by way of trial or otherwise, for a limited period of time.


a. Membership or subscription:

 i. Membership or continuous subscription.   

Your membership or subscription to Fanatiz (which may begin with a free trial period) will be renewed on a monthly basis, until you cancel your membership or subscription, or until we do so. In order to use the Services, the User must have Internet access and an accepted and valid payment method, to be indicated at the time of subscription (for example, credit card). Fanatiz will invoice the monthly membership or subscription fee through the payment method registered by the User. Should the User wish to terminate the Services, it must cancel its membership or subscription before the date when the monthly renewal is to be invoiced, in order to avoid for the membership fee or subscription of the following month to be invoiced through its registered payment method.

ii. Differences in memberships or subscriptions.

 Fanatiz reserves the right to offer several membership or subscription plans, including special promotion plans or membership or subscriptions with different conditions and limitations. The User can find the specific details on its Fanatiz membership or subscription by visiting our website. Some of these promotional memberships or subscriptions are or will be offered through third parties, along with the provision of our products and services. Fanatiz shall not be liable for the products and services provided by said third parties. Fanatiz reserves the right to amend, unilaterally terminate or in any other way terminate the membership or subscription plans we offer.


b.Billing:
i. Recurring billing.

Unless Fanatiz offers other conditions when requesting the subscription, when your membership with Fanatiz begins, the latter will be entitled to charge you a monthly membership or subscription fee corresponding to the current rate at that time, for the entire relevant calendar month, regardless of the day of the month when the subscription is made. The User represents and accepts that the monthly invoiced amount may vary from month to month due to promotional offers, changes or additions to a plan, or additional services used by the User, and authorizes us to collect such variable amounts through its payment method, which in any case will be previously informed to the user.

ii. Price changes.

Fanatiz reserves the right, as it may deem convenient and at its sole discretion, to change the prices of its Services or any component of the price, as well as the payment method thereof. Any change in the price of our Services shall be effective 30 days after the User has been informed of such change through the website, and it has not indicated its intention to terminate its subscription.

iii. Billing cycle. 

The membership or subscription of the Services will be invoiced at the end of the free trial period, if any, or at the moment of subscription, according to what Fanatiz defines and offers at that moment, and regularly every month thereafter, unless the User cancels its membership or subscription for the following month. We will automatically invoice your payment method every month, on the calendar day corresponding to the one when your membership or subscription started. Membership or subscription fees are charged in full at the time of payment. We reserve the right to change the billing period, specially (as indicated below) if your payment method is not valid when it takes place, a situation that the User must immediately regularize. If your membership or subscription starts on a non-business day, holiday or non-regular day (non-regular means those cases arising from the intercalation of 30 and 31-day months, including the specific case of months of February having 28 days, if applicable), we may bill your payment method on the immediately succeeding or closest business or regular day, or other we may deem appropriate. For example, if your Fanatiz membership or subscription began on January 31st, your next billing and payment date will probably be next February 28th. Your renewal date may change due to changes in your membership or subscription. We could authorize your payment method in advance in case of membership or subscription or changes related to the Services. As used in these Terms and Conditions, “billing” will indicate a charge, debit or other payment settlement, where appropriate, through your registered payment method. Unless otherwise provided, the terms month or monthly refer to your billing cycle.

iv. No refunds.

Payments are non-refundable, and no refunds or credits will be granted for partially used periods. Upon cancellation, however, you will continue having access to the service until the end of the relevant billing cycle. We may grant refunds, discounts or other consideration to some or all of our members, at any time, for grounded and sufficient motives (“Credits”). The amount and form of such Credits, and the decision to grant them, are subject to our sole and full discretion. The granting of Credits constitutes no right to receive credits in the future, even in similar cases, and Fanatiz shall in no case be bound to grant credits in the future.

v. Payment Methods. 

The user may modify information on the registered payment method by visiting our website. If the payment cannot be satisfactorily processed due to the expiration date of the instrument used, lack of funds or if you fail to edit your payment information or cancel your account (see “Deregistration” below), you will still be responsible for amounts pending payment, and you authorize for us to continue billing the payment method, as updated. This could give rise to a change in billing dates. If you registered with Fanatiz using a third party’s account (for example, iTunes or a similar account) as a payment method, and you wish to cancel your Fanatiz membership or subscription at any time, including during the free trial, you will be required to go to your account of the relevant third party and disable the automatic renewal, or cancel the account of products and services of Fanatiz. You can find the billing information of the Fanatiz membership or subscription by visiting your account of the relevant third party. In some payment methods, your payment method provider may charge you a cross-border transaction fee or related charges. Check with your payment method provider for information. 

vi. Cancellation.

Users can cancel the Fanatiz membership or subscription whenever they wish. In that case, users will continue having access to the service until the end of the monthly billing cycle. No refunds or credits will be granted for partially used membership or subscription periods, or for unseen content. For cancellation, visit our website and follow the cancellation instructions.


  

6.   Fanatiz’s Services.

a. To be a member or User of Fanatiz’s Services, the User must be 18 years old (or legal age in its territory or country). Children under 18 (or applicable legal age) can use the Services with the supervision of a parent or guardian, through said person’s account and subject to our Terms and Conditions, all under the sole and exclusive responsibility of said parent or guardian.

b. Fanatiz’s Services and the contents accessed through our Service are for personal and non-commercial use only. During Fanatiz’s membership or subscription, we grant you a limited, non-exclusive and non-transferable license to access Fanatiz’s Services, in order to view the Audiovisual Content through our broadcast service. 

c. Each User may view the Audiovisual Content through Fanatiz’s Services only in the geographical locations where Fanatiz provides its Services, and where Fanatiz has a license for the relevant Audiovisual Content. The Audiovisual Content to be available for viewing may vary according to the geographical location. Fanatiz will use technologies to verify your geographical location. Each user may view a maximum of one (1) Internet-connected device per account. The number of Internet-Connected Devices available for use and simultaneous broadcasts may vary from time to time. 

d. Certain products and services of Fanatiz, including its Audiovisual Content catalogue, are continuously and periodically updated, at Fanatiz’s discretion and subject to availability. Additionally, we regularly test, check, maintain and update several elements that are part of our service, including the website, user interfaces, service levels, plans, promotions and features, Audiovisual Content availability, delivery and prices. 

e. The User agrees to use Fanatiz’s Services, including all features and functionalities, in accordance with all applicable laws, rules and regulations, including limitations on public presentations or any other restrictions to use the Service or its Audiovisual Content. It agrees to refrain from storing, downloading (save for the download required for its personal use), distributing, modifying, broadcasting, displaying, executing, reproducing, duplicating, publishing, licensing, creating derivative works based on the Services, or offering for sale, or using (except as expressly authorized in these Terms and Conditions), content and information contained in or obtained from Fanatiz’s products and Services, through the latter, without Fanatiz’s or its licensors’ prior written consent. You agree to refrain from: preventing, deleting, modifying, disabling, interfering with, or circumventing Fanatiz’s product and services content protections; using any spider, scraper or other automated methods to access Fanatiz’s Service; or decompiling, reverse engineering, disassembling the software or other products or process accessed through Fanatiz’s Products and Services; introducing, in any way, codes or products, or manipulating the Fanatiz’s products and services content; or using any method to analyze, extract or obtain data. You also agree not to upload, publish, email or otherwise broadcast any material designed to disrupt, destroy or limit the functionality of the computer software, hardware or telecommunications equipment related to Fanatiz’s products and Services, including material containing software viruses or any other code, files or programs.

 f. The Audiovisual Content that may be available for viewing will be periodically modified, and it may vary according to the country. Image quality of the Audiovisual Content broadcasted on the Internet may vary from computer to computer, from device to device, and it may be affected by several factors, such as location, available bandwidth or the speed of your Internet connection. You shall be bound to bear all Internet access charges. Ask your Internet service provider for information on potential Internet data usage charges. Fanatiz makes no representation or warranty regarding the Service’s quality through your screen. The time it takes to start viewing any Audiovisual Content will vary according to several factors, including the place you are located at, the bandwidth available at that time, the Audiovisual Content you select and the configuration of your device for Fanatiz.

 g. Fanatiz’s broadcast software is developed by Fanatiz and/or partners, allies or contractors, and it was designed to enable content broadcast from Fanatiz towards existing or potentially existing mobile and/or Internet connected devices. This software may vary according to the device and means, and functionalities may also vary according to the device. By using our service, you acknowledge and agree to the limited end-user license or authorization, and fully and unreservedly authorize to receive, without further communication or notice, the updated versions of the software of Fanatiz and related third parties. If you do not accept the preceding terms, do not use our service. We undertake no liability, and neither do we guarantee the performance of said devices nor the compatibility with our service. By using our Service, you agree to resort only to the manufacturer or seller of the device in the event you have any problems with the device or its compatibility with Fanatiz’s products and services. In the event your Fanatiz-ready device is lost or stolen, please deactivate it. If you do not log out your session or disable the device, others may access the Fanatiz Service through your account and may access any information from your account. To deactivate a device, please follow the instructions posted on our website.

h. We may terminate or restrict the use and enjoyment of our Service with no compensation or prior notice, if we suspect or it is notorious that you (i) breach any of the Terms and Conditions or (ii) use the service in an illegal or improper fashion.

i. Users of Fanatiz’s products and services are exclusively responsible for limiting and monitoring the maturity level required for other members of their household (for example, your children) to access the Audiovisual Content. Users of Fanatiz’s products and Services accept and acknowledge that part of the Audiovisual Content to be available in Fanatiz may be considered “for adults only”, according to the requirements of the relevant geographical location.


7.   Password and account access.

a. For purposes of these Terms and Conditions, the User creating the Fanatiz account, to which the charges are billed in its payment method, shall also be referred to as the Account Holder. The Account Holder has access and control over the Fanatiz account. The Account Holder’s control is exercised by using the Account Holder’s password. Hence, in order to maintain exclusive control, the Account Holder shall not disclose its password to anyone. Additionally, should the Account Holder wish to avoid any third party (related or otherwise) from contacting Fanatiz in any way (potentially modifying the Account Holder’s control), the Account Holder shall refrain from disclosing to third parties the access credentials (user name and password) related to its account. It shall be responsible for updating and maintaining the truthfulness and accuracy of the personal information it provides us with respect to its account.

b. Eventually, in order to facilitate the User’s access to its account and for a better management of Fanatiz’s Products and Services, Fanatiz may implement technology allowing us to recognize it as the account owner and give it direct access to its account without requiring for it to re-enter a password or other user identification when re-entering Fanatiz’s Service, which includes access through mobile and/or Internet or website connected devices.

c.  By sharing the password for Fanatiz’s products and services or accepting for others to access its account, the account holder undertakes liability to ensure that users (related or not) fulfill the terms and conditions.

d. You should be very cautious about communications requesting information on your credit card or other information from your account. If you provide this information upon a request of this type, you may be a victim of identity theft. Fanatiz will never ask you for data or information on your card or payment method by email. Always access your confidential account information by going directly to the Fanatiz website and never through a hyperlink contained in an email or any other communication, even if it seems official. Fanatiz reserves the right to suspend an account at any time, with or without prior notice to the member, in order to protect itself and its partners, allies or contractors, from what it believes may constitute a fraudulent activity. Fanatiz shall not be bound to grant credits or discounts to a membership or subscription due to account suspensions made by a representative of Fanatiz or by Fanatiz’s automated processes.


8.   Exclusion of warranties and limitations to liability.

a. Fanatiz’s products and services and all audiovisual content and related software, or any other feature or functionality of Fanatiz’s products and services, are provided “as is”. Fanatiz does not express, represent or warrant that you will be able to use Fanatiz’s products and services uninterruptedly or without errors. Fanatiz expressly represents that it undertakes no liability for the use of the applications, the mobile and/or Internet connected devices and Fanatiz’s software (among others, regarding the compatibility with our service).

b. To the extent permitted by applicable laws, in no event will Fanatiz, its subsidiaries and its shareholders, directors, officers, employees, allies or licensors, be liable (whether individually or jointly) to the user for personal injury or for any special, incidental, indirect or remote damages, or any potential damages.

c. Some jurisdictions forbid the exclusion of certain warranties, or the limitation or exclusion of liability for certain types of damages. Therefore, some limitations mentioned in this section may not affect you.

d. Nothing in these Terms and Conditions will affect fundamental and inalienable rights to which you are entitled. Should any provision of these Terms and Conditions be declared invalid, illegal or unenforceable, the validity, legality and application of the remaining provisions will remain in full force and effect.


9.   Gifts and promotions. 

Fanatiz may offer gift subscriptions for purchase on our website. In that case, we will bill your payment method for any gift subscription purchase. The purchase and/or exchange of gift subscriptions will be made in accordance with the terms established by Fanatiz. Any promotions or gifts may only be used once, and cannot be redeemed for money, resold or combined with any other offer, including the free trial. Additional restrictions may apply when promotions are received through a third-party offer.


10.   Intellectual property.

a. Copyright. Fanatiz’s products and services, including all of Fanatiz’s Audiovisual Products and Services Content, are protected by copyright laws, trade secret or other local or international intellectual property laws or treaties in force.

b. Brands. Fanatiz is a registered trademark, or in the process of registration by Fanatiz SpA.

c. Patents. Fanatiz, its allies or contractors have vested rights on any patents applicable to the Products and Services.


11.   Applicable Law.

a. For all Users of Fanatiz, these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of Chile, without prejudice to any provisions of private international law.

b. You may also be protected by consumer rights under the laws of your local jurisdiction.


12. Applications.

You may find third party applications (including, but not limited to, websites, widgets, software or other software products, hereinafter the “Applications”) that interact with Fanatiz’s products and services. These Applications can import data related to your Fanatiz account and activity, and also get data about you. These Applications obtain information whether for your benefit or in order to improve the rendering of services or products, and Fanatiz is not liable for such Applications. These applications are owned or managed by third parties that are not related or sponsored by Fanatiz, and it is possible that their use is not authorized with our service in all countries. The use of an application shall be your own choice and at your own risk.


13. Use of the information submitted.

Fanatiz has the right to use any comment, information, idea, concept, review or technique, or any other material contained in any communication we receive from you (“Feedback”), including responses to questionnaires or publications through Fanatiz’s products and services and user interfaces, with no consideration, recognition or payment whatsoever, for any purpose, such as the development, manufacture and marketing of products and the creation, modification or improvement of Fanatiz’s products and Services. If you decide to send material or ideas that have not been requested, you do it on the understanding that you will receive no consideration whatsoever, and you waive any action against Fanatiz or its related companies regarding the use of those materials and ideas, even if the material or idea used is significantly similar to the material or idea you submitted.


14. Customer service.

If you need assistance with your account, you should go to the Fanatiz website. There you can find answers to frequently asked questions and information on how to contact a Fanatiz representative to help you with your problem. The maximum response time will be 2 business days following the day when the query, claim or request was generated. In the event of a conflict between these Terms and Conditions and other sections of our website, these Terms and Conditions will prevail.