The below terms and conditions govern your access to and use of https://www.thefansplace.com/ and/or The Fan’s Place branded mobile applications, including any content, functionality, and services offered on or through the same (collectively, and with any replacements thereof, the “Website”).

Within this Terms of Use, “you” are a User of theWebsite, and “we”, “us”, “our” or “The Fan’s Place” refers to The Fan’s Place Inc., a Delaware corporation. Collectively, all users of the Website may be referred to as “Users.” Unless otherwise noted or the context requires otherwise, each section and provision of this Terms of Use applies to all Users.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept theseTerms of Use when this option is made available to you, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, found at[privacy policy URL], incorporated herein by reference (together, the “Policy”). If you do not want to agree to the Policy at any time, your option is to not access or use theWebsite.

This Website is offered and available to users who are [18] years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. Revisions to the Policy.  We may revise and update the Policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, upon providing notice to you of such changes, and thereafter apply to all access to and use of the Website. Your continued use of the Website means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We will send any notices and messages to you via the email address you provide to us when creating an account on the Website. You agree to keep any contact information up to date.

2. Additional Terms. When using particular features of the Website, if any additional terms, conditions, policies, or restrictions are presented to you (for example, payment requirements), you agree that you will be subject to the same, and the same are incorporated into this policy.

3. Provision of Services. The services provided to Users through the Website may be collectively referred to as “Services” hereunder. We reserve the right to withdraw or amend the Website and the Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4. Certain Users. The Services offered or provided through the Website, in part, assist operators of restaurants and other venues (“Operators”) in offering, promoting, and managing certain contests, including custom fantasy sports contents and other contests (the “Contests”) to patrons of the venue who use the Website to participate in the contests offered (“Customers”). The provisions of this Policy apply to all Users, including Operators and Customers, unless otherwise noted. We may require you to create an Account, as described below, to use the Website as an Operator or Customer.

5. Accounts.

5.1. Users may be required to make an account to access and use certain Services (each, an“Account”). All Users must provide true, accurate, current, and complete information when creating an Account, and all Users agree to promptly updateAccount information in the event it changes. You are solely responsible for maintaining the confidentiality of any password you choose. You are responsible for all activities that occur under or through your Account. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and you agree to logout of your Account at the end of each session. You may terminate your use of the Services at any time by logging into your Account and terminating your Account.

5.2. Users who access the Website as Customers must only create an Account in their personal name and should never provide Account information to any other person or allow any other person to use such Account.

5.3. Users who use theWebsite as Operators may make an Account on behalf of a business if such option is made available. If requested by The Fan’s Place, each individual who accesses the Website on behalf of Operator may be required to create their ownAccount connected to the Operator’s Account; otherwise, the Operator agrees to only provide its Account details to its own employees and shall limit the employees who can access such Account to those who are involved in offering theContests. Each individual who accesses the Website on behalf of a business or through an Operator’s Account is subject to the Policy.  Operator is liable for the actions of any individual who accesses the Website through the Operator’s Account as if such action was taken by the Operator.

6. User Agreements.

6.1. Operators andCustomers agree and acknowledge that if any prizes or incentives are offered toCustomers for participation in or for achieving certain goals or metrics in Contests, the Operator (and not The Fan’s Place) is solely responsible for providing such prizes to Customers. All Users acknowledge that The Fan’s Place is not affiliated with any Operator nor does The Fan’s Place endorse any Operator. TheFan’s Place is acting only a third-party service provider to facilitate the provision of the Contests.

6.2. If you are usingthe Website as an Operator, you agree and acknowledge that:

A. Use of the Website to offer or assist in offering Contests to Customers, or to assist in marketing or promotion of a certain Contest, does not guarantee any level of participation in your Contests.

B. You are responsible for arranging Contests and the details of Contests. The Fan’s Place may require that you arrange the details of any Contest using your Account on the Website; however, The Fan’s Place may agree to assist you in setting up Contests in other manners it may determine appropriate.

C. You should use best efforts to hold any Contests that you offer or advertise at the originally scheduled time; scheduled Contests should only be cancelled or rescheduled due to unforeseen circumstances.

D. The Fan’s Place may require that you enter into one or more statements of work (each, an “SOW”)setting forth additional terms related to your use of and access to the Website and/or additional services to be provided by The Fan’s Place directly to you.In the event of a conflict between an SOW and this Policy, this Policy will control unless the SOW specifically states that a certain term of the SOW supersedes this policy. Each SOW executed by The Fan’s Place and a User is hereby incorporated into this Policy. A breach of an SOW (for example, a failure to pay any fees due pursuant to the SOW) also constitutes a breach of this Policy.

E. We grant you a limited license to convey to others your use of our Website to assist in providing the Contest, including the use of the name “The Fan’s Place”, our logo(s), or other of our trademark or service marks (“TFP Marks”), provided that (i) we reserve the right to approve any marketing materials you create, and (ii) if we provide brand guidelines to you, you must follow those in creating such materials. If we provide you with promotional or marketing materials for certain Contests which include the TFP Marks, we grant you a license to use the TFP Marks only in connection with those promotional and marketing materials. You may not continue to use the TFP Marks, or any promotional or marketing materials incorporating the same, after the Contest being promoted has concluded, provided that you are not required to remove social media posts posted prior to the date of the Contest unless The Fan’s Place specifically requests that you do so.

F. You grant us the right and license to use your name, trademarks, and logo(s) in connection with the promotional and marketing materials we prepare for you related to Contests, and you also grant us the right and license to use your name, trademarks, and logos on our Website and in our marketing materials for our own marketing purposes, such as in case studies and to demonstrate our prior work.

7. Reviews. If the Website allows Users to leave reviews about other Operators or Contests offered by Operators:

A. You will not submit any reviews that are harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, or defamatory, as determined in our sole discretion, or which are otherwise in violation of any relevant law or the right of any other party.

B. Your reviews will be based upon your personal and actual first-hand experience.

C. Your reviews will be accurate, honest, truthful, and complete, and you will refrain from posting any comments that are purely opinion.

D. You may not accept any form of compensation in exchange for posting, or agreeing to post, any reviews on the Website.

E. You will not use any reviews to promote your own commercial endeavors, and you may not include hyperlinks in your reviews.

F. You acknowledge that you are solely responsible for and liable for the reviews and ratings that you submit, and The Fan’s Place is not required to analyze your reviews to determine whether such reviews or ratings could be considered libelous, defamatory, or otherwise damaging to the party you are reviewing.

We reserve the right to delete or remove any reviews that do not align with the above guidelines, or that we otherwise have reason to believe create liability for us or for any User.

8. Use Restrictions. All Users agree to comply with all applicable local, state, national, and international laws, rules, and regulations in your use of the Website. You further agree not to:

A. use the Website in any manner that damages, disables, overburdens, or impairs the Website or interferes with any other party's use of the Website or access to the Services offered thereon, or in any other manner that is unlawful or that is prohibited by this Policy;

B. create an Account for anyone other than yourself or use a false identity to obtain an Account, login to an account on the Website other than an Account you are authorized to access;

C. use the Website or access the Services for any purposes not authorized by this Policy, including using the Website for your own commercial purposes, or the submission or transmission of any materials or content that contain advertisements, promotional materials, or any other form of solicitation (except for promotingContests as an Operator);

D. access data of a third party through the Website which is not intended for you or authorized by yourAccount, or attempt to gain unauthorized access to the Website or Services offered thereon;

E. lease, distribute, license, transfer, sell, or otherwise commercially exploit the Website;

F. impose an unreasonable or disproportionately large load on the infrastructure of the Website, or interfere or attempt to interfere with the proper working of the Website;

G. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with The Fan’s Place;

H. access, download, monitor, or copy any information contained on the Website through artificial means (including but not limited to using any scraper, robot, or other automatic device, program, or methodology, or any similar automatic or manual process), or in any way reproducing or circumventing the navigational structure or presentation of the Website to obtain or attempt to obtain any data, materials, documents, or information through any means not purposely made available through the Website.

9. Suspension and Termination. You agree that we may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Website, which may include termination of yourAccount or restricting access to specific Services offered through the Website.Cause for such termination, limitation of access, or suspension shall include, but not be limited to: (i) breaches or violations of this policy or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) engagement by you in fraudulent or illegal activities; and/or, (iv) nonpayment of any fees owed by you in connection with the Services. Upon any such termination, cancellation, and/or suspension, you will remain responsible for payment of all amounts accrued and owed by you. All terminations, limitations of access and suspensions shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your Account or use of the Services.

10. Intellectual Property.

10.1. You acknowledge and agree that the Website and software used in connection with the Website andServices, including any source, object, or other code (the "Software")contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. You further acknowledge and agree that content provided by or though the Website may be protected by copyright, trademark, patent or other proprietary rights and laws as applicable.Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Website or services provided through the Website, in whole or in part.

10.2. We own or have licensed all right, title, and interest to the Website and related software code, including without limitation, all changes, additions, and corrections to the same. We grant you a personal, non-transferable, and non-exclusive right and license to use the Website, provided that you do not, do not attempt to, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Website or related software. You agree not to display or use in any manner our trademark, trade name, service marks, trade dress, logos, and brand features (except if you are an Operator using such property to promote your Contests as otherwise set forth herein).  The TFPMarks are trademarks of The Fan’s Place. You agree that you are only accessing the Website and using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website or the Services.

11. Third-PartySites. If you are transferred toor navigate to third party sites through links or frames provided through the Website, you are cautioned to read each such site’s terms and conditions and privacy policies before using such sites in order to be aware of their terms and conditions. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services, or any transmissions received through such third-party sites.

12. No Warranty. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES OR WEBSITE, OR ANY RESULTS RECEIVED THROUGH THE SAME. THE WEBSITE AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, WILL MEET YOUROR ANY OTHER PERSON’S REQUIREMENTS; OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE,ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. WE FURTHER MAKE NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE PLATFORM WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE FAN’S PLACE, OR OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, DATA DELETION, DATA CORRUPTION, OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, INTERRUPTION OF BUSINESS, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR THIS AGREEMENT, HOWEVER ARISING. SHOULD WE BE FOUND LIABLE DESPITE THE ABOVE, USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT WE MAYBE LIABLE FOR ARISING FROM THIS POLICY OR THE USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR RELATED TO THE WEBSITE’S OFFERED SERVICES WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT PAID TO US BY THE USER UNDER DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE USER’SCLAIM, OR (ii) $50.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY INSUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OFSUCH JURISDICTION.

14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS POLICY OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Indemnification. You agree to defend, indemnify, and hold harmless The Fan’s Place, and our affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, or shareholders subsidiaries, affiliates, officers, agents, employees, partners, licensors, and advertisers from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party arising from your use of or access to the Website and Services, your violation of the Policy, or your violation of any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

16. Impersonation. Unless and until given information to the contrary, we assume that each Account holder has the right to create such an Account and otherwise use the Website and access the Services on behalf of such entity, including offering Contests at a certain location. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an account has been created on our Website on your behalf, or that a User of our Website has uploaded information about you without your authorization, please reach out to us at [email].

17. Governing Law and Arbitration. The Fan’s Place is located in Indiana in the United States. This Policy (including the Privacy Policy) and all matters concerning its interpretation, performance, or enforcement, and any other claim against The Fan’s Place arising out of our offering of the Website, will be governed in accordance with the laws of the State of Indiana. Any litigation arising out of the agreement or the relationship of the parties here to must be brought in a court of competent jurisdiction in Marion County, Indiana.

18. Entire Agreement. Except for any SOWs as described herein, the Policy contains the entire agreement between The Fan’sPlace and you as a User of the Services. No other communications, whether direct or indirect, between you and The Fan’s Place will, or are intended to, alter or supersede any provision of the Policy.

19. Waiver and Severability. No waiver by TheFan’s Place of any term or condition set out in this Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Fan’s Place to assert a right or provision under the Policy shall not constitute a waiver of such right or provision. If any provision of the Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Policy will continue in full force and effect.

20. Comments and Concerns. We welcome ourUsers to report any suspected violation of the Policy by using the following contact email: [email].We will investigate any such report and may act as we deem appropriate in our sole discretion.

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