TERMS OF SERVICE

In the following Terms of Service, “We”, “Us”, “Our” and “Fan Hub” refers to Fan Hub Media Trading Pty Ltd (ABN 56159883520)

Fan Hub owns and operates the website http://getchant.com (“Chant”) and the associated web and mobile software and services (collectively referred to as the “Sites” and / or “Services”) which allow users to create, share and vote on user generated polls.

By using Chant Services, you are agree that you or your company or any other entity you represent will be bound by the terms (“Terms”) set forth in this Agreement. If you do not agree with these Terms you are not permitted to use the Services.

These Terms apply to all users of the Sites and Services, including users who are also contributors of content (“Content”) on the service. Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the service. The Terms of Service and the Our privacy policy also apply to all users who vote on, share or otherwise interact with a poll generated by our services.

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or change Our Services shall be subject to the Terms of Service. Ignorance by you of the existence or details of the Terms does not constitute a waiver of any of the following provisions.

ACCOUNT TERMS

We grant you a non-exclusive license, expressly limited only to the access and use of our Services in accordance with the available usage options. The license is granted solely in accordance with these Terms, and you agree and acknowledge the following:

  1. In order to use Our Services you must be a person over the age of thirteen. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your full legal name, a valid email address and all other information requested in order to complete the signup process and register an account.
  3. Your login may only be used by one person and a single login shared by multiple people is not permitted.
  4. You are responsible for maintaining the security of your account and password. We will not be held liable for any loss or damage resulting from your failure to comply with this security obligation.
  5. You are responsible for all data uploaded to your account in connection with the use of the Services. We do not permit You to upload Content that:
    1. is racist, sexist or obscene;
    2. is adult or pornographic;
    3. infringes intellectual property or other proprietary rights of any party;
    4. is a virus, worm or other harmful script;
    5. is illegal;
    6. is deemed, at the sole and absolute discretion of Fan Hub, inappropriate or offensive.
  6. You may not use the Service for any illegal or unauthorised purpose, or any other purpose other than the intended purpose of Service. You must not, in the use of the Service, violate any laws in your jurisdiction.
  7. We may, at our sole and absolute discretion, and with or without notice, suspend or terminate your access to the Services, or terminate this Agreement and thus your rights to use the Services, for any conduct or use that We believe:
    1. violates or has the potential to violate these Terms of Service;
    2. breaches or potentially breaches a law in Australia, or laws in other territories in which the Service might be utilised;
    3. causes Fan Hub to breach or potentially breach a law in Australia, or laws in other territories in which the Service might be utilised;
    4. cause Us to incur a liability or infringe upon the rights of another party or person;
    5. that could or does cause damage to Our brand or reputation or the interests of Fan Hub generally;
    6. that might reduce Our ability to effectively deliver the Service to other existing or potential users.
    7. negatively affects the ability of other users to use and enjoy Our Services.

GENERAL CONDITIONS

  1. We provide the Services provided on an ‘as-is’, ‘as-available’ basis without warranties of any kind, either express or implied.
  2. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  3. You agree that your use of the services shall be at your sole risk. You hereby irrevocably agree to indemnify, defend and hold Fan Hub, Our affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including legal fees) arising out of or related to your use of the Service.
  4. You agree not to hold Fan Hub liable for the Content, actions, or inactions of other users. We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Fan Hub.
  8. You agree to the Terms of our Privacy Policy.

COPYRIGHT AND OWNERSHIP

  1. You retain ownership of the data, content and intellectual property you upload to Our platforms.
  2. You warrant that the Content you contribute does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. Under no circumstances will Fan Hub be held liable for any breach of copyright caused by Your use of the Services.
  3. By submitting Content to the Sites and /or Services, you hereby grant Us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Fan Hub Media (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
  4. Except as otherwise expressly indicated by Us in writing, the Site, the Services, and all text, images, marks, logos and other Content contained in the Sites, including, without limitation, the Fan Hub and Chant logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the Content) and all intellectual property in respect of the Content is and remains the property of Fan Hub.
  5. We reserve the right to use your Content for the purposes of marketing and promoting Chant’s Services and Fan Hub Media Trading Pty Ltd and related companies.

SEVERANCE AND APPLICABLE LAW

  1. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  2. These Terms constitute the entire agreement and there are no other promises or conditions in any other agreement whether oral or written. These Terms of Service supersede any prior written or oral agreements between the parties.
  3. The failure of Fan Hub to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between You and Fan Hub, subject to overriding statute, and govern your use of the Service, superseding any prior agreements between You and Fan Hub relating to the Sites or Services (including, but not limited to, any prior versions of the Terms).
  4. You and Fan Hub explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Sites or Services will be governed by the laws of Victoria, Australia, without regard to its conflicts of law principles. You agree that all claims You may have against Fan Hub arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Victoria Australia. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts