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Terms of Service

Welcome to easifan. We connect fans to live, local entertainment, arts and sports. Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using our Applications, you agree to comply with and be bound by these Terms of Service, as applicable to you.

Last updated: August 1, 2022

 

Agreement

easifan inc. provides mobile applications, websites, content management systems and other technologies (individually or collectively “Applications” or “our Platform”) to connect fans with live, local entertainment, arts and sports. These Terms of Service (“Terms”) apply to the Applications on which they are posted.

The material, including without limitation information, data, text, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Applications or otherwise made available by easifan inc. in connection with the Applications is the “Content“. Any material (including the foregoing categories) that you contribute, provide, post or make available using the Applications is “Your Content.”

When these Terms use the term “Content Creator”, we mean those registered users of the Applications who create profiles and/or events displayed or listed on the Applications. When these Terms use the term “Advertiser” we mean those businesses and organizations who provide advertising content displayed on the Applications, other than information about events. When these Terms use the term “Fan” we mean the consumers using the Applications to browse, view, follow, like or share the profiles or events created by the Content Creators, to access external links to online properties, including, where applicable, online ticketing platforms, or for any other reason. Content Creators, Advertisers, Fans and any other parties using the Applications are referred to in these Terms collectively as “Users”, “you” or “your”.

When these Terms use the term “easifan,” “we,” “us,” or “our,” that refers to easifan inc. and its affiliates and subsidiaries, and each of its and their respective officers, directors, shareholders, agents, partners, contractors and employees.

These Terms are a legally binding agreement between you and easifan governing your access to and use of the Applications and set out your rights and obligations when you use the Applications. By using the Applications (including browsing the Applications without creating an account), you are agreeing to these Terms and you acknowledge that you have read the Privacy Policy applicable to all Users. If you do not agree to these Terms, please do not use or access the Applications. If you will be using the Applications on behalf of an entity (such as on behalf of your employer, or as agent for that entity), you agree to these Terms on behalf of that entity and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity as well as yourself.

Our Role

Our mission is to connect Fans with live, local entertainment, arts and sports. Our Platform allows Content Creators to create and maintain profiles and use those profiles as building blocks to easily create, post, manage and promote events on the Applications. Fans and other Users may use the Applications to discover and learn about live, local events that they may be interested in attending.

We are not the creator or owner of the profiles displayed on the Applications. We are not the creator, organizer or owner of the events listed on the Applications. The Content Creator who creates a profile or event on the Applications is solely responsible for ensuring that any information on the Applications (and the event itself) meet all applicable local, provincial, national and other laws, rules and regulations, and that the performances described in the event listed on the Applications are delivered as described and in an accurate, safe and satisfactory manner.

Events listed on the Applications may include external links to telephone numbers and/or online properties to allow Fans and other Users to use these channels to purchase tickets for events. We are not a party to any such ticket purchase transactions. Tickets purchased for events are subject to the terms and conditions agreed between the parties at the time of ticket purchase.

We do not charge you to use the Applications. Instead, Content Creators pay us to promote their events with greater frequency, prominence and reach than the standard free, chronological listing (“Promoted Events”) and Advertisers pay us to show you ads for their products and services. By using the Applications, you agree that we can display Promoted Events and ads.

Privacy

We know your personal information is important to you and it is important to us too. Personal Data provided to easifan by Users or collected by easifan through the Applications, is governed by our Privacy Policy.

Term and Termination

These Terms apply to you as soon as you access the Applications by any means and continue in effect until they are terminated by you or by us.

easifan may terminate your right to use the Applications at any time

        1. if you violate or breach these Terms or the terms of our Privacy Policy;
        2. if you misuse or abuse the Applications, or use the Applications in a way not intended or permitted by easifan; or
        3. if allowing you to access and use the Applications would violate any applicable local, provincial, national and other laws, rules and regulations or would expose easifan to legal liability.

easifan may choose to stop offering the Applications, or any features or functionality of the Applications, or modify or replace any features or functionality of the Applications, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Applications, where, in easifan’s sole discretion, failure to do so would materially prejudice you. You agree that easifan will not be liable to you or any third-party as a result of our termination of your right to use or otherwise access the Applications.

You may terminate your access to the Applications and the general applicability of these Terms by deleting your account and stop accessing the Applications indefinitely.

All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum and intellectual property protections and licenses).

Limited Licence

We grant you a limited, non-exclusive, non-transferable, non-assignable, revocable right to use the Applications solely to

        1. browse, view, follow, like and/or share the profiles and/or events displayed or listed on the Applications and use links to external sites and channels in accordance with their respective terms of use; and/or
        2. create and maintain profiles and create, post, manage and promote events on the Applications.

Your use of the Applications must be in compliance with these Terms and our Privacy Policy and in compliance with all applicable local, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

You agree that you will not directly or indirectly, personally or in association with others

        1. copy, modify, reproduce, translate, or otherwise create derivatives of any part of the Applications (except sharing content in accordance with the features of the Applications);
        2. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Applications;
        3. rent, lease, resell, distribute, use the Applications for other commercial purposes not contemplated or otherwise exploit the Applications in any unauthorized manner;
        4. remove or alter any proprietary notices on the Applications; or
        5. engage in any activity that interferes with or disrupts the Applications.

You agree that Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. easifan may own the Content or portions of the Content may be made available to easifan through arrangements with Users or other third parties. Content included in or made available through the Applications is protected by copyright laws. You agree to use the Content only for purposes that are permitted by these Terms and any applicable local, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

The trademarks, service marks and logos of easifan (the “easifan Trademarks“) used and displayed in connection with the Applications are registered and unregistered trademarks or service marks of easifan. Other company, product and service names used in connection with the Applications may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with easifan Trademarks, the “Trademarks“). The offering of the Applications will not be construed as granting, by implication, estoppel, or otherwise, any license or right of interest in or use of any Trademark displayed in connection with the Applications without the prior express written consent of easifan specific for each such use. The Trademarks may not be used to disparage easifan, any third party or easifan’s or such third party’s products or Applications, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless easifan approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any easifan Trademark will inure to easifan’s benefit and remain the ownership of easifan. Content may also be protected by copyrights owned by easifan and/or third parties. Please note that if you copy portions of the Applications you are violating these copyrights.

Your easifan Account

We may require you to create an account to access certain features or functions of the Applications. You agree to follow certain rules when you create an account with easifan or use the Applications, including the following:

        • You must be at least 18 years of age, or the legal age of majority where you reside, to use the Applications. If you are 13 or older, you may only use the Applications under the supervision of a parent or legal guardian who manages your account and use of the Applications. If you are under 13, do not provide us with any information about yourself.
        • You will provide true, accurate, current and complete information about yourself, or if you are using the Applications on behalf of an entity, the entity (the “Registration Data“). You will update this Registration Data if it changes.
        • If there is a dispute between two or more persons or entities as to account ownership, easifan will be the sole arbiter of that dispute and easifan’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
        • If you are using the Applications on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant easifan all permissions and licenses provided in these Terms.
        • We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. All rules applicable to your account will apply to all third parties to whom you grant access to your account.
        • You will immediately notify easifan of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.

Your Content

easifan does not make any claim to Your Content. You are solely responsible for Your Content. You hereby grant easifan a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicencable right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Applications (including easifan’s promotional and marketing programs, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, easifan does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content outside of the Applications.

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that Your Content

        1. is accurate and truthful;
        2. does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
        3. complies with all applicable local, provincial, national and other laws, rules and regulations; and
        4. does not violate these Terms, including our Content Guidelines. or the terms of our Privacy Policy.

easifan reserves the right to remove Your Content from the Applications if easifan believes, in its sole discretion, that it violates these Terms or for any other reason. easifan may use your name and logo (whether or not you have made it available through the Applications) for the purpose of identifying you as an existing or past customer of easifan both on the Applications and in marketing, advertising and promotional materials. We may preserve Your Content and account information and may disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process. We may also respond to claims that any of Your Content violates the rights of third parties; enforce or administer these Terms; or take actions to protect the rights, property and/or personal safety of easifan, its users and/or the public, including fraud prevention.

You understand that the technical processing and transmission of the Applications, including Your Content, may involve transmission over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

Content Guidelines

Our Platform showcases live, local entertainment, arts and sports. We want to build local communities that support the discovery and development of local talent. Profiles on our Platform are intended to increase awareness and visibility of performers, athletes and venues. Events listed and promoted on our Platform are intended to create exposure, build awareness, drive demand and increase attendance at your live, local events. The integrity of our Platform is critically important to us. We have implemented certain features and controls in the Applications to prevent and/or detect the creation of false, misleading or unauthorized Content. We, or in certain cases, other Users, may remove Content that, in our sole discretion, or in certain cases, the sole discretion of another User, is false, misleading or unauthorized.

We are committed to operating our Platform in a safe, secure and respectful manner. The following guidelines describe the types of Content that we allow and prohibit on our Platform (“Content Guidelines”). We support and encourage freedom of expression but you agree that Your Content will comply with our Content Guidelines.

Photos, logos or other images that you upload to a profile on our Platform will be directly associated with the performer, athlete, team, group or venue.

Photos, logos or other images that you upload to an event on our Platform will be directly associated with the performer(s), athlete(s), group(s) and/or team(s) featured in the event or the Host Venue and should not advertise or promote any other product or service, except where the Host Venue serves food and beverage and offers a daily menu, feature or special, one (1) of the photos or images uploaded to an event may include details of the daily feature, provided that the photo or image clearly indicates the day or date corresponding to the day or date of the event.

To provide the best fan experience, we only feature highly competitive sports events that we believe, in our sole discretion, will appeal to a large public fan base. For that reason, we set up and administer the leagues, tournaments and competitions that are featured on our Platform. We actively engage with governing sports bodies in each of our markets to identify select leagues, tournaments and competitions to get them set up on our Platform. In the case of team sports, a team must be associated with league or tournament on the Platform when a team profile is created. You agree that you will not create, or attempt to create, a team profile that is not truthfully a team in the selected league or tournament on our Platform. If your league or tournament is not set up on our Platform, you may contact us at sports@easifan.com to apply to have your league or tournament set up. However, we reserve the right to determine which leagues, tournaments and/or competitions we feature on our Platform.

You are welcome to post or contribute Content that you have created yourself or for which you have secured the rights to use, including on our Applications, provided that Your Content

        1. is accurate and truthful;
        2. does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
        3. complies with all applicable local, provincial, national and other laws, rules and regulations;
        4. is not harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual; and
        5. is not harmful to minors in any way.

Failure to comply with these Content Guidelines constitutes a violation of these Terms.

Obligations of Content Creators

A Content Creator on our Platform may create and manage a single profile or may create and manage a portfolio of profiles and events.

If you are a Content Creator, without limiting the generality of any agreement, representations or warranties provided elsewhere in these Terms, you represent and warrant to us that

        1. if you create an event on our Platform, you are an authorized representative of the business or organization which owns and operates the establishment or location hosting the event (“Host Venue”) or you have been authorized by the Host Venue to organize and deliver the event;
        2. prior to creating an event on our Platform, you have obtained and will maintain in force, or ensure the Host Venue has obtained and will maintain in force, reasonable insurance commensurate with industry standards, and all applicable authorizations, licences and permits (individually and collectively, “Licences“) with respect to the event. Licences include but are not limited to property occupancy or operation permits, fire marshal permits, licences or permits to serve food and beverages, traffic engineering authorizations, sanitary authorizations, authorization to receive minors (if applicable), and any other potential applicable authorization;
        3. for each event that you create on our Platform, you will comply, and will ensure that Host Venue complies, with all applicable laws, regulations, rules and ordinances related to the event(s);
        4. without limiting the generality of any release provided under these Terms, as a material inducement to easifan permitting you to access and use the Applications, you hereby agree to release easifan and its affiliates and subsidiaries, and each of its and their respective officers, directors, shareholders, agents, partners, contractors and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with Licences for an event, any failure to obtain or maintain Licences for an event, or any error in obtaining or maintaining Licences for an event;
        5. without limiting your indemnification obligations elsewhere under these Terms, you agree to defend, indemnify and hold easifan, and its affiliates and subsidiaries, and each of its and their respective officers, directors, shareholders, agents, partners, contractors and employees, harmless from any and all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature (including, without limitation, reasonable legal and accounting fees) resulting from any Claim due to or arising out of or in any way connected with Licences for an event, any failure to obtain or maintain Licences for an event, or any error in obtaining or maintaining Licences for an event; and
        6. if requested, you agree to provide us evidence of Licences related to events you have created on our Platform.

Release and Indemnification

You hereby agree to release easifan from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Applications or any profile displayed or event listed on the Applications. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

You agree to defend, indemnify and hold easifan and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable legal and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of

        1. your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
        2. your use of the Applications in violation of these Terms or other policies we post or make available;
        3. your breach of any applicable local, provincial, national or other law, rule or regulation or the rights of any third party; or
        4. if you are a Content Creator, your events (where your events may have been listed on the Applications).

easifan will provide notice to you of any such Claim, provided that the failure or delay by easifan in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with easifan in any way we request.

Disclaimer of Warranties and Your Assumption of Risks

To the extent permitted by applicable laws, the Applications are provided on an “as is” and “as available” basis. easifan expressly disclaims all warranties of any kind, express or implied. For example, easifan makes no warranty that

        1. the Applications (or any portion of the Applications) will meet your requirements or expectations;
        2. the Applications will be uninterrupted, timely, secure, or error-free; or
        3. the results that may be obtained from the use of the Applications will be accurate or reliable.

You acknowledge that easifan has no control over delivery of events and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event or the truth or accuracy of any Content provided by Users. easifan has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that easifan may use to provide the Applications, that you choose to contract with when using the Applications, or that a Content Creator engages relating to delivery of an event.

You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.

Limitation of Liability

To the extent permitted by applicable laws, or as otherwise set forth herein, easifan, including its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees, will not be liable to you or any third party, for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if easifan has been advised of the possibility of such damages).

Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in the Province of Newfoundland and Labrador (if any) will apply to you and our liability is limited to the maximum extent permitted by the laws of the Province of Newfoundland and Labrador.

Notices

We may provide notices of changes to these Terms or other matters to you via email at the email address in our records, via push notification or by displaying notices or links to notices on the Applications.

If you wish to contact easifan or deliver any notice regarding these Terms, you can do so via email to legal@easifan.com or by regular mail to easifan inc., Attention: Legal Services, 1969 Upper Water Street, Unit 1300, Halifax, NS   B3J 3R7.

Modifications to these Terms of Service

easifan reserves the right to modify these Terms from time to time (collectively, “Modifications“). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following:

        1. displaying notices or links to notices on the Applications
        2. sending you an email or push notification about the Modifications
        3. updating the “updated” date at the top of these Terms.

Modifications that we believe to be material will be effective thirty (30) days following the “updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Applications or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Applications following Modifications constitutes your acceptance of those Modifications and the updated Terms.

easifan is constantly evolving our Applications to better meet the needs of our Users. We do not guarantee the availability of any features or functionality of the Applications. We reserve the right modify, replace or discontinue any features or functionality of the Applications or to discontinue providing the Applications in their entirety.

Assignment

We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and easifan governing your use of the Applications, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and easifan.

Applicable Law and Jurisdiction

These Terms are governed by the laws of the Province of Newfoundland and Labrador, Canada irrespective of your place of residency or where you may use the Applications.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Applications (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licencable, perpetual license to use and develop any ideas or suggestions you may submit, for any purpose, without compensation to you.

Third Party Applications

The Applications may provide, or Content may contain, links to other websites, applications or resources not operated or controlled by us (the “Third-Party Applications”). Because easifan has no control over Third-Party Applications, you acknowledge and agree that easifan is not responsible for the availability of Third-Party Applications and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from Third-Party Applications, or any damages or losses related thereto, even if Third-Party Applications are connected with easifan partners or third-party service providers.

Additional Provisions

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will apply.