FANCAM TERMS AND CONDITIONS & PRIVACY POLICY

1. Introduction

These Terms & Conditions (“Terms and Conditions”) apply to your appearance in and/or your use of our Services. Our Services are offered to you conditioned upon your acceptance without modification of any of the terms, conditions, and notices set forth below. Please read these Terms and Conditions carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use any of our Services.

We may change or otherwise modify these Terms and Conditions in the future, and you understand and agree that your continued access or use of our Services after such change signifies your acceptance of the updated or modified Terms and Conditions. We will note the date that revisions were last made to the Terms and Conditions at the bottom of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Terms and Conditions.

For purposes hereof:

a. “E​vent Partners”​means the promoter(s), sponsor(s), team(s), artist(s) and/or any other applicable rights holders in respect of the Event.

b. “T​he Company”​, “C​ompany”​, “w​e”​, “u​s”​or “F​ancam”​means Fancam (Pty) Ltd, a private company registered in the Republic of South Africa under Registration No. 2010/014117/07 and CrowdIQ, Inc., a corporation incorporated in Delaware, USA.

c. “C​ontent”​ means anything you or other users post, provide or share while using our Services.

d. “U​ser Data”​or “U​ser’s Data” ​means facts and other information about you, including actions taken by you while interacting with our Services, actions taken by other users who interact with our Services, and Content or information that you or third parties can retrieve or provide to us.

e. “F​ancam Photo”​ means a gigapixel online image, being a 360 degree interactive panoramic photo taken of an Event.

f. “E​vent”​ means an event, concert, conference, gathering, landscape, cityscape or other area which may include a crowd, or any virtual gathering (e.g., Fancam’s “digital cutout” experience).

g. “S​ervices” ​means products and services provided by Fancam, including, but not limited to Fancam Photos published on the internet, Fancam Photos published in our Event Partner’s apps (“applications”), other published environments such as coming soon pages or hubs, and functionality contained within our published internet environments, such as competitions, tagging or the uploading/taking of fan pictures for placement in an empty stadium.

h. “T​erms and Conditions” ​means the terms governing your usage of our Services and includes our privacy policy.

i. “y​ou”​ means each person who appears on or uses our Services.

2. Fancam Photo

By attending the Event (and thereby accepting the terms and conditions of the Event), tagging yourself in the Fancam Photo and/or using our Services, you acknowledge and agree to us i) capturing the Fancam Photo and ii) gathering information about your attendance of the Event.

If you are captured in a Fancam Photo or previously uploaded your picture to an empty seat and would like to be removed, please contact info@fancam.com. Tell us where you are in the relevant Fancam Photo and we will remove you from it by blurring or covering your face. Before we do this, we may ask you for proof of identification. We will try to remove you from the photo within 5 (five) working days and will give you a link where you can check that you have been removed from the photo.

The Company and/or our Event Partners, as the case may be, may withdraw a Fancam Photo from the internet at any time without notice.

3. Conditions of use of our Services

You are responsible for your use of our Services and for any Content you add. You further agree that:

a. You will not use our Services if you are under the age of 13. Our Services are not directed to persons under 13. If you become aware that someone under 13 has provided us with personal information, please contact us at privacy@fancam.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take the necessary steps to remove such information and terminate the relevant account.

b. Your use of our Services is entirely at your own risk.

c. You agree not to post personal information, such as your telephone number, street address, email address or other contact details so that it is publicly accessible on your tag or other public interactive areas (such as discussion forums, bulletin boards or other forums). We are not responsible for any harm you may suffer resulting from your failure to comply with this undertaking.

d. You will not use any of the Fancam Photo or its content for any commercial purpose.

e. You will not use the content to bully, intimidate, harass or disparage any person whose image is discernible in our Services or otherwise.

f. You will not add any content that is false, inappropriate, unlawful, misleading, defamatory, hateful, threatening, malicious, discriminatory, pornographic or which incites violence, contains nudity or graphic or gratuitous violence.

g. You will not post content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Company.

h. You will not provide any false personal information while using our Services, or authenticate for anyone other than yourself without permission.

i. You will not use our Services in any manner that violates or infringes someone else’s rights or privacy or otherwise violates the law.

j. You will not post content that may infringe any patent, trademark, trade secret, copyright, other intellectual or proprietary rights of any party or that violates applicable law.

k. You will not post unauthorized commercial communications (such as spam) on our Services. This includes unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations. We reserve the right to remove without notice any commercial advertisements, affiliate links, and other forms of solicitation or spam.

l. You will not collect users’ content or information using any means, including using automated means such as harvesting bots, robots, spiders, or scrapers.

m. You will not engage in unlawful multi­level marketing, such as a pyramid scheme.

n. You will not upload malicious code.

o. You will not do anything that could disable, overburden, or impair the proper working or appearance our Services, such as a denial of service attack or other functionality.

p. You will not facilitate or encourage any violations of these Terms and Conditions.

q. You will not use our Services if you are a convicted sex offender.

r. We can remove any content or information you post on our Services if we believe that it violates these Terms and Conditions.

s. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

t. If you repeatedly infringe other people’s intellectual property rights, we may block you from using our Services.

u. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Without limiting other remedies, if we find, in our sole discretion, that you have violated these Terms and Conditions or misused a Fancam Photo and/or our Services in any way, we may warn other users of your actions, issue a warning, temporarily or indefinitely suspend or terminate your account, and/or investigate you and/or take any other appropriate action against you.

4. Tagging and Sharing

Our Services may allow you to tag yourself, tag your friends, upload your picture to an empty seat and share via social networks who partner with us. Examples of such social networks include Facebook, Twitter, LinkedIn and VK (VKontakte) among others.

In order to tag yourself or upload your picture on any Fancam Photo you will be required to log in to our Services. This is done by using a unique identifier such as an authorized social network profile or valid email address.

a. Who may tag or share?

By tagging yourself, tagging your connections, inviting your connections, taking/uploading your picture, or sharing your tag or any part of our Services you represent and warrant to the Company and the Event Partner that:

1. You and/or your connection are at least 13 years old.
2. You will not invite your connections who have previously indicated that they do not wish to be invited to the relevant Fancam Photo or use our Services.
3. Your inviting of connections is in all respects in accordance with these Terms and Conditions.
4. If you are an adult uploading a picture/tag of a minor younger than 13 years of age, you are the parent or legal guardian of such minor.

b. How will you know that you’ve been tagged?

Email authentication:

If you authenticate your tag using an email account, a notification with a link to your image in the relevant Fancam Photo will be emailed to you for authentication. A tag will not be publicly visible on the Fancam Photo or our Services until such time as you have authenticated/confirmed it.

Social network authentication:

If you tag yourself using a social network, your username and password will be required to authenticate yourself using this social network account. A tag will not appear on the Fancam Photo or our Services unless you have authenticated yourself with your selected social network account.

b.1 Social network data retention/deletion

If you tag yourself using Facebook, the Fancam app will be able to access your profile picture (unless disabled in your user settings), email address (if applicable) and name. This enables the display of your name and profile picture with your tag on the Fancam Photo. Should you no longer use the Fancam Services, you can request for all Data to be deleted by sending an email to info@fancam.com, or can you can delete all login and tag data through the ‘my account’ Fancam page by selecting ‘delete this account’. All login and tag data is also removed if you choose to delete the Facebook app and to send a request to delete all user data using the facebook interface.

c. How you can un­tag yourself

If you want to un­tag yourself, you can do so via the Fancam app on the “my account” page by selecting the relevant tag and clicking ‘delete tag’. Alternatively, please email such a request to info@fancam.com and we will disable your tag within 5 (five) working days of receipt of your email. Tell us where you are in the relevant Fancam Photo and we will remove your tag from it. Before we do this, we may ask you for proof of identification.

5. Privacy Policy

Your privacy is very important to us. We designed our Terms and Conditions to make important disclosures about how you can use our Services to share with others and how we collect and can use your User Data. We encourage you to read these Terms and Conditions, and to use it to help you make informed decisions.

We will do our best to make sure your information is up to date and accurate, and we may from time to time ask you to confirm your information. You may at any stage ask us to correct your information if there are any errors.

We collect information about you such as: your full name, e­mail address, postal/zip code, profile picture and any other information you may provide to us during authentication, sweepstakes, competitions or other means (collectively your “User Data”). The User Data collected from you will be stored together with your log­in details to form your Fancam profile.

a. What kind of information do we collect?

We collect Content and User Data you provide when you use our Services. Examples include:

1. Information on how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities. We may also add information to your profile that we receive from the Event Partners or which we collect by virtue of your use of our Service.
2. Information when you tag, create, share, message or communicate with others.
3. Information that other people provide when they use our Services, including information about you, such as when they tag you or send a message to you.
4. Information from or about the computers, mobile phones, or other devices where you access our Services, depending on the permissions you’ve granted. Examples include:

• Attributes such as the operating system, hardware version, device settings, and device identifiers.
• Device locations, including specific geographic locations.
• Connection information such as the name of your mobile operator or
• ISP, browser type, language and time zone and IP address.

5.From time to time, we may offer you the chance to participate in sweepstakes, contests and surveys through our Service. These sweepstakes, contests or surveys may be governed by a privacy policy and/or terms and conditions that are separate from these Terms and Conditions. If the provisions of the sweepstakes, contests, or surveys privacy policy or terms and conditions conflict with these Terms and Conditions, those separate terms and conditions or privacy policy shall prevail. This additional information may be combined with other account information and may be used and shared as described in these Terms and Conditions.

b. How do we use this information?

We are passionate about creating engaging and customized experiences for our users. We use all of the User Data and information we have to help us provide and support our Services. Here’s how:

1. We use the information to communicate with you, such as

• communications about other relevant Events and/or Services,
• to measure interest in and improve our Services,
• to resolve disputes or troubleshoot problems,
• to prevent potentially prohibited or illegal activities, and
• to enforce our Terms and Conditions.

2. We use the information we have to help verify accounts and activity, such as when you tag yourself by authenticating with a third party partner (such as Facebook). When you do so, you are sharing information with us from third-party partners, and the information you share will be governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.

3. By virtue of the nature of tagging, the information you insert in the tag will be publicly displayed via the Fancam Photo and due to the nature of the internet the information you insert thereon may be transmitted through countries other than the country where you are located and may be visible to persons around the world. You should also be aware that when you share information publicly, it may be indexable by search engines.

4. Our servers are located in data centers around the globe, to allow for greater application speed, lower latency, and mitigation of risk regarding data loss. Our operational offices are in South Africa and we may export your information from the country where the event took place to South Africa and/or wherever the applicable data center may be situated.

5. We may share aggregate or non-personally-identifying information with our partners by removing any personal identifiers (personal identifiers are data like name or email address that can by itself be used to contact you or identifies who you are) to determine the reach and effectiveness of their campaigns without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you.

6. We transfer information to other companies in our corporate family, vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of our Services, providing customer service, assessing your interest in our products and services, information processing, managing and enhancing customer data, facilitating payments, or conducting research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with these Terms and Conditions and the agreements we enter into with them. These partners may be located in different jurisdictions.

7. We may share your User Data with relevant Event Partners. We and the Event Partners may use your Personal Data to communicate with you and to send you information about similar upcoming events and/or promotions. Should you no longer wish to receive such communications you can opt­out at any time by following the opt­out instructions contained in the relevant communication.

8. We may share your Personal Data with other third parties to the extent that we believe in good faith that such disclosure is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request or to protect us, our users or the public against harm to their respective rights, property or safety, as required or permitted by law.

In the event that we are the subject of a reorganization, merger, or sale we may transfer any and all User Data we have collected to the relevant third party. In such an event your User Data will continue to be protected.

c. How do we protect your information?

We want you to feel confident about using our Services, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use secure connections to transfer data between your operating system and our servers, and between our system and those of the parties with whom we share sensitive information, and we use industry-standard security measures and detection systems to prevent unauthorized persons from gaining access to your information.

d. What if I want my personal information removed?

Should you wish us to stop processing your User Data, you may email your request to info@fancam.com. Upon receiving suitable photo identification from you we shall de­activate your Fancam Photo profile within 5 (five) working days. Please note that such a request shall result in

1. us blurring your face from all Fancam Photos from which you want to be removed, and
2. removing all tags of yourself from all Fancam Photos and you shall no longer be able to login to our Services with your old login details.

Please note that even after the Fancam Photo profile has been deactivated, we shall keep a record of your Fancam Photo profile for a period of 3 (three) years after it has been terminated for our records. However, we shall no longer process any of your User Data.

6. User-Generated Content

Please be aware that by uploading any content such as comments, images, videos, messages, materials or other items (collectively your “Content”), you give us a non­exclusive, transferable, royalty-­free, worldwide license to:

a. Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised, for any purpose.

b. Use the name that you submit in connection with such Content. You acknowledge that the Company may choose to provide attribution of your Content at our discretion. You acknowledge and agree that your Content is non-­confidential and non-­proprietary.

Our Services may contain interactive areas such as discussion forums, bulletin boards or other forums in which you or third parties may post Content. If we provide such interactive areas, you are solely responsible for your use of such interactive areas and use them at your own risk. By using any interactive areas, you expressly agree to comply with these Terms and Conditions.

The Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Company does also not endorse any opinion contained in the content you post. If you believe that any content infringes on your intellectual property rights, or any content does not comply with our Terms and Conditions, please contact us at i​nfo@fancam.com.​

Although the Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, the Company reserves the right, and has absolute discretion to remove, screen, translate or edit without notice any content posted or stored on its Services at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of any Content you post or store on our Services at your sole cost and expense.

Any use of the interactive areas or other portions of our Services in violation of the foregoing violates the terms of these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use our Services.

7. Links to Third-­party Sites

Our Services may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.

Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Services or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to third-­party websites does not imply any endorsement of the material on such websites or any association with their operators.

8. Mobile and Other Devices

We currently provide our Services on mobile devices for free, but please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.

You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on our Services.

9. Payments

If you use our Services for purchases or financial transactions, we use PayPal to process payment and d​o not ​collect your payment information, such as

a. your credit or debit card number and other card information,

b. other account and authentication information, or

c. billing, shipping and contact details.

See P​ayPal terms and conditions​ for the collection and protection of your payment information.

10. Intellectual Property Rights

Global intellectual property rights in each Fancam Photo and our Services are held by the Company and may be licensed to the Event Partners of a specific Event.

All Company trademarks, service marks, trade names, logos, domain names, and any other features of the Fancam brand are the sole property of the Company. These Terms and Conditions do not grant you any rights to use the Company trademarks, service marks, trade names, logos, domain names, or any other features of the Fancam brand, whether for commercial or non-­commercial use.

The Company also owns the intellectual rights vesting in the imagery we capture, content we produce and information on our sites (including, but not limited to: messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material).

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re­sell any information, software, products, or services obtained from or through our Services. Additionally, you agree not to:

a. Use our Services or its contents for any commercial purpose.

b. Access, monitor or copy any content or information of our Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

c. Violate the restrictions in any robot exclusion headers on our Services or bypass or circumvent other measures employed to prevent or limit access to our Services.

d. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

e. “Frame”, “mirror” or otherwise incorporate any part of our Services into any other website without our prior written authorization.

f. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with our Services.

11. Limitation of Liability and Indemnity

You agree that under no circumstances will the Company, our Event Partners or any of their third-party contractors be responsible or liable to you or any other person or entity for:

a. Any direct, indirect, incidental, consequential or other damages (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to our Services.

b. The use or the inability to use our Services.

c. Unauthorized access to or alteration of your transmissions or User Data.

d. The information or content available on or through our Services, even if any of these parties have been advised of the possibility of any damages.

Although we provide rules for user conduct, we do not control or direct users’ actions on our Services and are not responsible for the content or information users transmit or share on our Services. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on our Services. We are not responsible for the conduct, whether online or offline, of any user of our Services.

The potential liability to you of the Company, our Event Partners as well as any of their third party contractors is hereby limited to the fullest extent possible under applicable law.

You hereby agree to indemnify, defend and hold the Company, its affiliates, related companies, event partners, officers, directors, agents, licensors and any other partners and employees harmless from any and all claims, losses, expenses, damages, actions, demands, liabilities or costs, including but not limited to legal fees resulting out of or your use of the Fancam Photo and/or our Services, including without limitation

a. any harm or loss suffered by you as a result of your use of the Fancam Photo and/or our Services, and

b. any violation of these terms by you.

12. General

a. We try to keep our Services up, bug ­free, and safe, but you use it at your own risk. We are providing our Services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non­infringement. We do not guarantee that our Services will always be safe, secure or error­free or that the Fancam Photo will always function without disruptions, delays or imperfections.

b. Neither the Company nor the Event Partners shall be liable for any failure to comply with their obligations hereunder where such failure is caused by something outside their reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, power outages, supervening legislation or any other circumstances amounting to force majeure.

c. These Terms and Conditions are the entire agreement between you and the Company regarding your access and use of our Services or any of our information or content, and supersedes any prior agreements.

d. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portions will remain in full force and effect.

e. If we fail to enforce any of these terms, it will not be considered a waiver.

f. Notwithstanding the aforegoing, we reserve the right to amend these Terms and Conditions at any time, with new or amended terms coming into force on the date of publication on the Fancam website w​ww.fancam.com. ​It is your responsibility to continually stay abreast of changes to the Terms and Conditions that may be published from time to time and which are available on the Fancam website.

g. You will comply with all applicable laws when using our Services or when using any of our information or content.

h. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

i. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fancam Photo properties or features, shall be subject to these Terms and Conditions.

j. These Terms and Conditions are governed by the laws of the Republic of South Africa and the South African courts shall have exclusive jurisdiction on any matter arising therefrom or in relation thereto. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions or any other dispute exclusively in the Republic of South Africa, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

k. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

l. Nothing in these Terms and Conditions shall prevent us from complying with the law.

m. We reserve all rights not expressly granted to you.