Terms of Service

Last Updated: February 4, 2025

1. Acceptance of Terms

Welcome to VICI Sports, Inc. (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access and use of FanFest (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.

2. Eligibility

1. You must be at least 13 years old to use the Platform. If you are under this age, you must not register or use the Platform without parental or guardian supervision, where permitted by law.

2. By creating an account, you affirm you have the right, authority, and capacity to abide by these Terms.

3. Account Registration

1. Registration Data: You may be required to provide a valid phone number or email address to create an account. You agree to provide accurate and complete information.

2. Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any activities under your account are your responsibility.

4. Description of Service

FanFest is an interactive livestream and sports fan engagement platform. It may include watch parties, live chats, polls, quizzes, and other interactive features for fans of sports leagues, teams, and creators.

5. User Conduct

You agree not to:

• Violate any applicable laws or regulations.
• Use the Platform for any unlawful, harmful, or abusive purpose.
• Post or transmit content that infringes another’s intellectual property rights, privacy, or other rights.
• Interfere with or disrupt the security or functionality of the Platform.

6. User-Generated Content

1. Ownership: You retain ownership of any content (e.g., text, images, videos) you submit, post, or display on the Platform (“User Content”).

2. License: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, host, reproduce, display, and distribute your content for operation and promotion of the Platform.

3. Prohibited Content: You warrant that you will not upload content that is offensive, hateful, or that violates any law or the rights of others.

7. Intellectual Property

1. FanFest IP: All trademarks, logos, brand elements, and content provided by us (excluding User Content) are owned by or licensed to us. You may not copy or redistribute our intellectual property without our written permission.

2. Feedback: Any suggestions or feedback you provide are deemed non-confidential, and we may use them without compensation to you.

8. Subscription Policy

We may offer different subscription options (“Subscriptions”) on individual channels within our Platform. These Subscriptions can include a free tier with limited features, as well as one or more paid tiers that unlock additional content or benefits.

1. Subscription Plans and Fees

• Free Tier: Some channels may offer a no-cost tier with basic features.
• Paid Tiers: For example, a channel might charge $1 per month for extended or exclusive content. Fees, features, and billing cycles will be clearly disclosed before purchase.
• Billing Cycle: Unless stated otherwise, paid Subscriptions are billed monthly on a recurring basis.

2. Auto-Renewal

• Paid Subscriptions automatically renew at the end of each billing cycle unless canceled prior to the renewal date.
• If you do not wish to renew, you must cancel before the end of the current billing cycle.

3. Cancellation and Refunds

• Effective Date of Cancellation: If you cancel, you retain access to the paid tier’s features until the current billing cycle ends.
• No Partial Refunds: We generally do not provide refunds or credits for partially used billing periods unless required by law or explicitly stated in the subscription details.
• How to Cancel: You can cancel a Subscription through your account settings or as indicated in the respective channel’s instructions.

4. Changes to Subscription Offerings

• We reserve the right to modify, discontinue, or introduce new subscription plans at any time.
• If we make material changes that affect your current Subscription, we will provide reasonable notice. Continued use after changes take effect constitutes acceptance of the updated terms.

5. Payment Information

• You are responsible for maintaining valid payment information.
• If a payment cannot be processed (e.g., insufficient funds), we may suspend or terminate your access to the paid features until the issue is resolved.

9. Disclaimer of Warranties

You use the Platform at your own risk. We provide the Platform “as is” and “as available,” without warranties of any kind (express or implied). We do not guarantee that the Platform will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the fullest extent permitted by law, VICI Sports, Inc. shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Platform. Our total liability for direct damages shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless VICI Sports, Inc. and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Platform, your User Content, or your violation of these Terms.

12. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of Delaware, USA, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the Platform shall be resolved in the courts located in Delaware or through arbitration.

13. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you (e.g., via email or Platform notice). Your continued use of the Platform after the effective date of an updated version constitutes your acceptance.

14. Termination

We may suspend or terminate your account if we believe you violate these Terms or engage in prohibited activities. You may also terminate your account at any time by contacting us at support@fanfest.io.

15. Contact Us

For questions or concerns about these Terms, please contact us at:

• support@fanfest.io
• VICI Sports, Inc.

447 Broadway

New York, NY 10013