1.1. This website, www.myfanpark.com and the myFanPark mobile application (together, the “Website”) are owned by My Fan Park Pte Ltd, a Singapore limited liability company with company registration number 202003881G of 162 Tras Street #10-05 Lian Huat Building, Singapore, 079024 (“MFP”, “we”, “us” and “our”).
1.3. If you are at least eighteen (18) years, you may use the Website. By using the Website, you represent and warrant that: (i) you are at least 18 years old; (ii) you are of full and legal age to enter into a binding contract; (iii) you are not prevented from using the Website under the laws of Singapore, or under the laws of your place of residence, or any other applicable jurisdiction; and (iv) you are responsible for complying with all applicable laws and regulations relating to your participation on the Website and will fully indemnify us for any loss and damages incurred by us in respect of your failure to do so.
2. Video Clips: Requests, Payment, Delivery and Ownership
2.1. The Website enables you to request a personalised video clip (a “Video Clip”) that is personalized for you or a for third party that you identify as a recipient (“Recipient”), from any celebrity or influencer (a “Celebrity”) listed on the Website at the time of your request.
2.2. Any request (video, text, or otherwise) that you make or send to any Celebrity, including information concerning any Recipient; and any submission or communication that you make to MFP, whether through the Website, a social media platform, third party website, or otherwise, whether relating to you, or a third party, shall be known in these Terms as “a Submission”.
2.3. Video Clips may be of two types:
2.3.1. personalised videos made for individuals which are for personal use and not for commercial use (“Personalised Video Clips”); and
2.3.2. videos which promote a product, a brand, a company or a business (“a Business”), which are intended for commercial and promotional use (“Promotional Video Clips”),
although not all Celebrities listed on the Website accept requests for Promotional Video Clips.
2.4. Unless specifically stated otherwise, each reference in these Terms to a Video Clip will be a reference to a Personalised Video Clip, and/or a Promotional Video Clip, as the context may require.
2.5. We reserve the right to reject any request in our sole discretion. We also reserve the right at any time to change our prices and payment procedures, including our payment options and terms, either immediately upon posting on our Website, or by other notice to you.
2.6. Payment for each Video Clip must be made via the payment methods provided on the Website, which include but are not limited to debit card, credit card, Snapscan, Zapper and PayPal payment methods. All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase, and will accordingly be affected by the exchange rate applicable to your local currency on the date upon which payment is made.
2.7. You warrant that you are fully authorised to make the payment required for the purposes of purchasing the Video Clip/s and that you have sufficient funds available to cover the costs of such Video Clip/s.
2.8. If the Celebrity in question records and submits the Video Clip that you requested, the Video Clip will be delivered to your nominated cell phone number or email address within 10 days of receipt of payment in full for such Video Clip.
2.9. You acknowledge and agree that the Celebrity has sole and absolute discretion to determine whether to fulfil your request, how to fulfill your request, and the content of the Video Clip created, and may decline your request, or not follow your request exactly.
2.10. Should a Celebrity accept your request for a Video Clip, but fail to deliver the Video Clip within 10 days of receipt of payment in full from you, you can choose whether to (i) cancel the request, in which case the cost of the Video Clip will be refunded to you within 20 working days after the date upon which the Video Clip was due to be delivered, and the video request will expire, or (ii) grant a one-time extension for delivery of the Video Clip.
2.11. If an extension for delivery of the Video Clip is granted, but the Video Clip is not delivered to you within the extended period, the video request will expire and the cost of the Video Clip will be refunded to you within 20 working days after expiry of the extended delivery period.
2.12. Should a Celebrity decline your request for a Video Clip for any reason whatsoever, the cost of the Video Clip will be refunded to you within 20 working days after the date on which the requested Video Clip was due to be sent to you.
2.13. You shall not be entitled to request changes to any Video Clip delivered to you, nor shall you be entitled to any refunds for any Video Clip delivered to you, unless MFP is satisfied that the Video Clip contains factual errors, in which case the Celebrity will be requested to re-record the Video Clip with the errors corrected. Should the Celebrity not re-record the Video Clip within 7 days of your request for a re-recordal, you will be refunded accordingly within 20 working days of the date on which your re-recordal request was received.
2.14. MFP only facilitates your order and receipt of Video Clips from Celebrities, and is not itself the creator of such Video Clips. The Celebrity is solely responsible for the creation of the Video Clip/s. Once the Celebrity submits a Video Clip for delivery to you, MFP becomes the owner thereof.
2.15. Video Clips are licensed, not sold. You are buying the right (or license) to use the Video Clip, not the actual Video Clip itself.
2.16. Subject to your payment in full, MFP hereby grants to you the following limited rights to use the Video Clip (other than a Promotional Video Clip) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sub-licensable, revocable license to use, reproduce, distribute, and publicly display that Video Clip, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
2.17. You may not sell, re-sell, or encumber your rights in any Video Clip. You may sub-license your rights in a Video Clip only to the extent necessary for you to use the Video Clip as permitted under these Terms (for example, sharing it (if it is not a Promotional Video Clip) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
In the event you sub-license your rights in a Video Clip to third parties, you shall seek MFP's prior written consent in respect of the sub-licence and the relevant sub-licence shall be on the same terms as the license granted to you by MFP.
2.18. You may use a Video Clip only in accordance with these Terms, which include our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Video Clip from the Website at any time for any reason without any notice to you.
2.19. You may not modify or compromise the content any Video Clip/s. You may not use any Video Clip/s in any way that could bring the applicable Celebrity, MFP and/or the Website into disrepute.
3. Promotional Video Clips
3.1. Subject to your payment in full for a Promotional Video Clip requested, MFP hereby grants the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sub-licensable, revocable term license, for 90 days from the date the Promotional Video is delivered by us to the Recipient (and for any additional 90 day periods which MFP has agreed) to:
3.1.1. use, reproduce, distribute, and publicly display the Promotional Video in question on one website, and one social media account (such as Facebook, Instagram, LinkedIn or Twitter), in each case owned, operated, and controlled by the Recipient; and
3.1.2. advertise and promote the display of the Promotional Video on the social media account in question through advertising it on the applicable social media platform only,
3.2. You may sublicense your rights in a Promotional Video Clip only to the extent necessary for you to use the Promotional Video Clip as permitted under these Terms (for example, posting it on a website or social media account).
3.4. In submitting a request for a Promotional Video Clip, you represent and warrant that:
3.4.1. any information provided by you to the Celebrity in question is factually correct and not misleading, and is not offensive, disparaging or defamatory;
3.4.2. your video request will comply with all applicable laws, regulations and industry practices governing the form and content of advertising material as it pertains to your Business from time to time; and
3.4.3. you have all rights necessary (including authorisation from the Business) to request a Promotional Video Clip on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Promotional Video Clip as authorized in these Terms, including all rights necessary to use any information, business name, trademark, trade name, trade dress, or logos provided in connection with your video request.
5. Disclaimer and User Undertakings
5.1. Your use of the Website is entirely at your own risk and you hereby accept all risks associated with your use of the Website.
5.2. The Website is provided on an “as is” and “as available” basis without any representations or warranties, whether express or implied.
5.3. You acknowledge and agree that any material or information downloaded or otherwise obtained through the Website, including any Video Clip, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so.
5.4. Without prejudice to the foregoing, MFP does not warrant that:
5.4.1. the Website will be constantly available, or available at all;
5.4.2. the Website content is complete, true, accurate or non-misleading; or
5.4.3. the information or files on the Website are free of viruses, destructive materials or any other data or code which may be able to corrupt, destroy or compromise your computer in any way,
and you acknowledge and agree that the Indemnified Parties (defined below) will have no liability for any (i) unauthorized access to or use of our servers, any personal information, or user data; and/or (ii) any bugs, viruses, trojan horses, or the like that may be transmitted on or through the Website.
5.5. You acknowledge and agree we may change or discontinue any aspect of our Website at any time, without notice to you.
5.6. You agree not to contact or interact with any Celebrity except as expressly permitted through the Website.
6. Third Party Content and Links
6.1. You acknowledge and agree that when using the Website, you will be exposed to content from a variety of sources, and that MFP is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any Indemnified Party with respect thereto.
6.2. The Website may contain functionalities that link to or provide you with access to third party content that is completely independent of MFP and over which MFP has no control. Your interactions with third parties, including Celebrities, found on or through the Website are solely between you and the third party in question, and you acknowledge and agree that MFP shall not be liable for any damages, losses, costs, expenses, or liabilities of any kind incurred as the result of any such interaction.
7. Limitations of liability
7.1. To the fullest extent permitted by applicable law, MFP will not be liable to you for any indirect, incidental, special or consequential loss or damage you may suffer as a result of or in connection with your access to or use of the Website.
7.2. In the event there is any delay or suspension on the Platform and/or Website for whatever reason not arising out of and/or in connection with MFP's conduct and/or control (which includes but not limited to technical errors or system failure), MFP shall not be liable to you and/or any third party for loss and damages arising therefrom.
7.3. If a court of competent jurisdiction finds that MFP has any liability to you, our total cumulative liability to you under these Terms, irrespective of the cause of action, will be limited to the total amount actually received by MFP from you during the 12 months preceding the date on which the cause of action giving rise to the loss occurred. For the avoidance of doubt, this clause shall not be applicable to instances where MFP has no control over, e.g. technical errors or system failure of the Platform and/or the Website.
7.4. Without limiting the foregoing, you acknowledge and agree that any views or statements made or expressed by a Celebrity, whether in a Video Clip or otherwise, are their own views and are not the views of MFP or any of its shareholders, directors, employees and/or agents. As such, MFP will not be liable to you for any direct, indirect, incidental, special or consequential loss or damage you may suffer as a result of or in connection with a Celebrity and/or any Video Clip produced by a Celebrity.
You hereby fully indemnify MFP, its holding company/ies, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, subcontractors, and licensors (“the Indemnified Parties”) against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by any Indemnified Party arising out of or in connection with: (a) these Terms; or (b) use of the Website; or (c) any breach by you of any provision of these Terms.
9. Ownership of the Website
MFP owns or licenses all rights, title, and interests in and to the Website, including all software, material, information, and other content available on the Website, and our trademarks, logos, and brand name (our “Website Content”). You will not acquire any right, title or interest in or to the Website or our Website Content and you may not duplicate, copy, or reuse any portion of the Website or our Website Content without our prior written consent.
11. Termination and Variation
11.1. MFP may suspend or terminate the Website at any time without giving notice to you. In the event of any such suspension or termination, MFP shall have no obligation or liability to you, save to facilitate the delivery of any Video Clip/s which have been requested and paid for in full by you prior to such suspension or termination.
11.2. MFP may terminate access to the Website by any person, including you, at any time, for any reason, in our sole discretion. If you commit a breach of any of these Terms, your permission to use the Website automatically terminates.
13. Governing law and Jurisdiction
In these Terms:
14.1. whenever a provision is followed by the word including and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned;
14.2. any rule of interpretation under which a contract or any part of a contract shall be interpreted against the party responsible for drafting it, shall not apply;
14.3. no party shall be in breach of these Terms, or otherwise be liable to the other party, for any delay in performance, or non-performance, of any of its obligations to the extent occasioned by Force Majeure (being in relation to any party, any circumstances beyond the reasonable control of that party not occasioned by that party's fault, negligence or breach of an obligation imposed on it in law or under these Terms, but excluding lack of available funds);
14.4. the User shall not, without the prior written consent of MFP, transfer, delegate, cede, assign or dispose of any of its rights or obligations under these Terms. MFP may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law;
14.5. User acknowledges that it in agreeing to these Terms, it does not do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law;
14.7. no indulgence, leniency or extension of time which MFP may grant or show to the User shall operate as an estoppel or in any way prejudice MFP or preclude MFP from exercising any of its rights in the future;
14.8. the expiration or termination of these Terms shall not affect such of their provisions as expressly provide that they shall continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination; and
14.9. each provision of these Terms, whether forming an entire clause or only part of a clause, is separate and severable from the other provisions and, if any provision is found to be defective or unenforceable for any reason whatsoever by any competent court, then the remaining provisions shall be and continue to be of full force and effect.
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