These Website Terms and Conditions (these “Website Terms”) govern your access to and use of the website located at https://app.fanthrill.com (the “Website”), which is operated by FanThrill, LLC (“FanThrill”). The Website is provided for informational and promotional purposes only. You cannot access, play, or otherwise participate in the FanThrill platform, make predictions, earn Thrill Points, or enter Sweepstakes or Promotions through the Website. If you wish to access the FanThrill platform, your use of the FanThrill platform is governed exclusively by FanThrill’s End User License Agreement. By accessing or using the Website, you agree to be bound by these Website Terms. If you do not agree to these Website Terms, you must not access or use the Website.
- Website Content; Intellectual Property. All text, graphics, logos, images, and other content made available on the Website (the “Website Content”) is owned by FanThrill or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted by these Website Terms, you may not copy, reproduce, distribute, modify, or create derivative works of any Website Content without FanThrill’s prior written consent.
- Copyright Complaints. If you believe that Website Content infringes your copyright, you may submit a notice to FanThrill’s designated copyright agent, using the same contact procedure set forth in the copyright complaint provision of the FanThrill End User License Agreement.
- Trademarks. “FanThrill,” “Thrill Points,” and all related names, logos, and marks are trademarks of FanThrill. You may not use any FanThrill trademark without FanThrill’s prior written consent, and nothing in these Website Terms grants you any right to use any FanThrill trademark in a manner that suggests sponsorship, endorsement, or affiliation not expressly authorized by FanThrill.
- Permitted Use. The Website is provided for your personal, non-commercial, informational use only. The Website does not provide any means to make predictions, earn Thrill Points, or participate in Sweepstakes or Promotions, and you may not use the Website to attempt to access, play, or otherwise interact with the FanThrill platform or Services.
- Eligibility. The Website is intended for a general audience and is not directed to children under the age of 13. FanThrill does not knowingly collect personal information from children under the age of 13 through the Website. If you are under the age of 13, you may not provide any personal information to FanThrill through the Website.
- Geographic Restrictions. The Website is intended for access and use by persons located in the United States. FanThrill makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from jurisdictions where its content is illegal or unauthorized is prohibited. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws.
- Acceptable Use. You shall not: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorized access to the Website or any related systems or networks; (c) interfere with or disrupt the operation of the Website; (d) use any bot, scraper, or other automated means to access or collect data from the Website; or (e) transmit any virus, malware, or other harmful code through the Website.
- Suspension and Termination of Access. FanThrill may, in its sole discretion and without notice, restrict, suspend, or terminate your access to all or any part of the Website at any time, including if FanThrill believes you have violated these Website Terms.
- Indemnification. You agree to indemnify, defend, and hold harmless FanThrill and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your violation of these Website Terms or your misuse of the Website.
- Third-Party Links. The Website may contain links to third-party websites that are not owned or controlled by FanThrill. FanThrill is not responsible for the content, privacy practices, or terms of any third-party website, and your use of any such website is at your own risk.
- Advertising and Sponsor Content. The Website may display advertising, sponsorships, and other promotional content from FanThrill’s business partners. FanThrill is not responsible for the accuracy of any claims made in such advertising or sponsor content, and your interactions with any advertiser or sponsor identified on the Website, including any purchase or offer, are solely between you and that advertiser or sponsor.
- Privacy. Your use of the Website is also subject to FanThrill’s Privacy Policy, which describes how FanThrill collects, uses, and shares information collected through the Website. By accessing or using the Website, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
- Accuracy of Information. FanThrill does not guarantee the accuracy, completeness, or timeliness of any information, statistics, or other content made available on the Website, and the Website may be modified, suspended, or discontinued at any time without notice or liability to you.
- No Warranty. THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANTHRILL WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE.
- Changes to these Website Terms. FanThrill may update these Website Terms at any time by posting the revised terms on the Website. Your continued use of the Website following any such update constitutes your acceptance of the revised Website Terms.
- Governing Law; Jurisdiction. These Website Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to these Website Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in Milwaukee or Waukesha County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Severability. If any provision of these Website Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Website Terms will continue in full force and effect.
- Entire Agreement. These Website Terms constitute the entire agreement between you and FanThrill with respect to your access to and use of the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. These Website Terms do not modify, and are not modified by, the FanThrill End User License Agreement, which is a separate agreement governing your use of the FanThrill platform.
- Assignment. You may not assign or transfer any of your rights or obligations under these Website Terms without FanThrill’s prior written consent. FanThrill may assign or transfer these Website Terms, in whole or in part, without restriction.
- No Third-Party Beneficiaries. These Website Terms are for the sole benefit of you and FanThrill, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Website Terms.
- Notices; Contact Information. FanThrill may provide notices to you by posting them on the Website. If you have any questions about these Website Terms, you may contact FanThrill at legal@fanthrill.com.
- Electronic Communications. Your use of the Website constitutes your consent to receive communications from FanThrill electronically. You agree that any notices, agreements, disclosures, or other communications that FanThrill provides to you electronically satisfy any legal requirement that such communications be in writing.
- No Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Website Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right.