US Ticket Sales and Event Attendance

Article 1. Conditions

1.1 These Terms, together with any applicable special conditions, apply to all offers, ticket sales and services coming from FANFINITY INC., as well as the use of FANFINITY INC.’s website.

1.2 These Terms shall prevail over the customer's terms and conditions. The customer is deemed to be aware of these Terms and to accept them irrevocably by purchasing tickets, and thereby expressly and completely waives the applicability of their own general and/or special terms and conditions.

1.3 These Terms apply to all events organized and/or operated by FANFINITY INC., as well as to all orders and sales of tickets in the context of these events.

1.4 These Terms can be consulted at any time via the website of FANFINITY INC. and are in any case accessible prior to the completion of any ticket purchase.

1.5 FANFINITY INC. reserves the right, at any time and in its sole discretion, to modify, update, or replace these Terms. Any such changes shall become effective upon publication on FANFINITY INC.’s website or other designated communication channel, unless otherwise specified. It is the customer’s sole responsibility to review the Terms periodically to remain informed of any updates. By continuing to access the website, purchase tickets, or attend events after any such updates become effective, the customer is deemed to have accepted the revised Terms.

1.6 Deviations from these Terms are only valid if expressly agreed in writing by FANFINITY INC.

1.7 If any clause forming part of these Terms are invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provisions will be replaced by a valid provision that comes as close as possible to the original intent of the parties.

Article 2. Object

2.1 FANFINITY INC. is an event production agency that organizes events and fan experiences designed to connect participants with gaming-related content and events worldwide. FANFINITY INC. is committed to lowering barriers and making gaming accessible and inclusive for everyone. However, the nature, scope, and format of each event may vary at FANFINITY INC.’s sole discretion.

2.2 Under these Terms, FANFINITY INC. offers tickets and access rights to various events within the United States. The specific tickets, access rights, and related terms applicable to each event (including, without limitation, pricing, conditions of attendance, and event-specific rules) shall be determined and communicated by FANFINITY INC. on a per-event basis. FANFINITY INC. reserves the right to modify, supplement, or update such event-specific terms at any time prior to the event.

Article 3. Tickets for events

3.1 The customer can purchase tickets via the FANFINITY INC. website. All tickets are subject to availability and may be withdrawn or modified by FANFINITY INC. at any time prior to confirmation of purchase. FANFINITY INC. does not guarantee the availability of any ticket, seat, participant, feature, or experience associated with any event. The purchase of the ticket constitutes a binding agreement between FANFINITY INC. and the customer, subject to these Terms and any applicable event-specific conditions.

3.2 A service fee may be charged per ticket, depending on the event to which this ticket relates.

3.3 FANFINITY INC. may impose a restriction on the maximum number of tickets that can be purchased per customer, per transaction or per account. This restriction is intended to discourage unfair purchasing practices, fraud or abuse. FANFINITY INC. reserves the right, in its sole discretion, to reject or cancel any purchase made through its website, for any reason and at any time.

3.4 As soon as the customer has placed an order via the FANFINITY INC. website and that FANFINITY INC. has confirmed the purchase, the customer becomes fully liable for payment of the total amount due. All taxes and other costs, including service fees, will also be borne by the customer. All amounts are non-refundable except as expressly stated in these Terms or required by applicable law.

3.5 In addition, the entry requirements may differ per event and will always be explicitly communicated in advance on the page on which the tickets can be purchased.

If the customer does not take into account the specified entry conditions and still proceeds to purchase a ticket, and is therefore refused at the event, this is the customer's own responsibility. In this case, FANFINITY INC. shall not be liable for any refusal of entry resulting from the customer’s failure to comply with such requirements, and no refunds or compensation shall be due in such circumstances.

3.6 Identity verification of the ticket holder by FANFINITY INC. and/or the event venue provider is possible, taking into account the legal framework within which this is permitted.

3.7 In addition, it is also possible that those present at the events will be subject to security screening, including bag checks and personal searches, in accordance with applicable law and venue security requirements as a condition of entry. FANFINITY INC. and/or the event venue provider may prohibit attendees from bringing firearms, weapons, explosives, or other dangerous items onto the event premises. Any person in possession of such items may be denied entry or removed from the event without refund.

3.8 It depends on each event when the ticket will be delivered to the customer by email. In certain cases, the ticket will be made available to the customer immediately after purchase, in other cases this will only happen a few days before the event.

In general, the ticket will be transferred to the customer at the earliest as soon as a full and valid payment has been received and confirmed in the system of FANFINITY INC.

3.9 In any case, a ticket is personal and can never be sold or transferred to a third party, unless expressly agreed otherwise by FANFINITY INC. If the customer were to sell or transfer a ticket, this could result in the invalidity of the ticket in question for the event, which means that the ticket will not be valid as access to the event. In such case, the customer shall not be entitled to any refund or compensation.

3.10 Payment can be made via most common credit and debit cards via Stripe. At the checkout, the possible payment methods will be clearly stated.

Article 4. Attendance at events

4.1 The customer who is present at an event must always show the necessary respect and appropriate manner and must not disturb the experience, safety or enjoyment of other attendees at the event. Prohibited conduct includes, without limitation: violence or threats of violence; harassment; verbal abuse; intimidation; discrimination; inappropriate or offensive behavior; and failure to maintain reasonable standards of personal hygiene.

FANFINITY INC. insists that the events for which it sells tickets are a safe and inclusive space for all attendees.

4.2 FANFINITY INC. is the organizer of the events, whether directly or on behalf of a third party (which could also impose additional conditions). These additional conditions will always be explicitly communicated to the customer before the start of the event. All attendees agree to comply with such rules as a condition of entry and participation.

4.3 FANFINITY INC., the event venue provider and any of FANFINITY INC.’s partners reserve the right, in their sole discretion, to refuse admission to or remove any attendee from an event at any time, without prior notice and without refund or compensation (except where required by applicable law), if the attendee violates these Terms, applicable laws, or any event rules, or otherwise engages in conduct deemed inappropriate, unsafe, or disruptive.

4.4 Attendees agree to indemnify, defend, and hold harmless FANFINITY INC., the event venue provider, and their respective affiliates, partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to such attendee’s conduct, including any breach of these Terms, any event rules or violation of applicable laws.

4.5 Attendee acknowledges and agrees that participation in games, competitions, or activities at the event is inherently uncertain and involves the exercise of skill, judgment, and decision-making and may also include inherent uncertainties and unpredictable factors that can affect the outcome. As with any competitive activity, results may vary and participants may not achieve their desired outcome or may be eliminated from competition, games and activities. By attending and participating, any attendee voluntarily assumes all risks associated with such participation, including the risk of losing any game, match, or competition. FANFINITY INC. makes no representations or warranties, express or implied, regarding the outcome of any game, competition, or activity and does not guarantee any particular result, success, ranking, or winnings. All results are final, subject to any applicable event rules, and FANFINITY INC. shall have no liability arising from or related to the outcome of any game, competition or activity.

4.6 By attending an event, the customer grants FANFINITY INC. the irrevocable, perpetual, worldwide, royalty-free right and license to photograph, film, record, and otherwise capture the attendee’s name, image, likeness, voice, and participation, and to use, reproduce, distribute, display, broadcast, stream, and create derivative works from such materials in any media now known or hereafter developed, for any lawful purpose, including promotional, marketing, and commercial purposes, without further notice or compensation. Attendees acknowledge that events may be subject to video surveillance for security purposes.

Article 5. Cancellation or rescheduling of the event

5.1 All ticket sales are final. If the customer no longer wishes to attend the event, the purchase of the ticket cannot be cancelled. Under no circumstances will the customer be able to obtain a refund except as expressly stated in these Terms or required by applicable law. Tickets cannot be exchanged after purchase, for any reason.

5.2 It is the customer's sole responsibility to be aware of details of the event for which a ticket is purchased, including date, time, location, entry requirements and any updates or changes communicated by FANFINITY INC., and the customer must check for themselves whether the event will be postponed, cancelled or otherwise altered. FANFINITY INC. shall not be liable for any losses arising from the customer’s failure to stay informed of such information.

5.3 FANFINITY INC. reserves the right, at any time and in its sole discretion, to modify any aspect of an event, including but not limited to the date, time, location, venue, participants, schedule, format (including converting an in-person event to a virtual or hybrid event), or content. FANFINITY INC. may, in its sole discretion, consider a customer’s request for a refund if the customer is unable to attend the event due to such changes and provides reasonable supporting documentation. Any such refund shall be granted, if at all, solely at FANFINITY INC.’s discretion and subject to applicable law.

5.4 In the case that the event is cancelled and not rescheduled, FANFINITY INC. may, in its sole discretion and subject to applicable law, offer a refund, credit, or alternative remedy, subject to applicable law. In this context, the customer who has purchased a ticket, and who is informed of the cancellation, must contact the customer service of FANFINITY INC. The customer service department will inform the customer of the modalities of the refund. It is possible that an administration fee will be deducted for the purpose of the refund, so that the full price paid will not be refunded to the customer in the case of cancellation.

Article 6. Force majeure

6.1 “Force Majeure Event” means any event or circumstance beyond FANFINITY INC. or its partners’ reasonable control that prevents, hinders, or delays the performance of their obligations, whether foreseeable or unforeseeable, including, without limitation: acts of God; fire; explosion; earthquake; severe weather or natural disasters; war, terrorism, or civil unrest; strikes, labor disputes, or lockouts; governmental actions, orders, or restrictions; epidemics, pandemics, or public health emergencies; failure or interruption of utilities or transportation; venue unavailability; cancellation or non-performance by third-party partners, suppliers, or performers; and any failure, disruption, or security breach of information technology systems, including hacking or cyberattacks.

6.2 In the event of a Force Majeure Event as a result of which FANFINITY INC. is no longer able to fulfil its contractual obligations towards the customer, these obligations will be suspended until FANFINITY INC. is able to fulfil its obligations, without FANFINITY INC. being in default with regard to the fulfilment of those obligations and without FANFINITY INC. being held to any compensation. FANFINITY INC. shall not be liable for any delay, failure to perform, or damages arising from a Force Majeure Event.

6.3 If a Force Majeure Event affects an event, FANFINITY INC. may, in its sole discretion, cancel, postpone, reschedule, or modify the event without liability, except as required by applicable law. In such cases, FANFINITY INC. may, but shall not be obligated to, offer a refund, credit, or alternative remedy, subject to applicable law and as further described in section 5. Any such remedy may exclude service fees or other administrative costs.

Article 7. Liability

7.1 To the fullest extent permitted by applicable law, FANFINITY INC. is not responsible for the content, layout, development, quality, changes of location, date or price, availability, or venue condition of an event.

7.2 When FANFINITY INC. provides information in the context of an event, such information is provided on an “as is” and “as available” basis. FANFINITY INC. makes no representations or warranties, express or implied, as to the accuracy, completeness or reliability of this information, and disclaims any liability for errors or omissions.

7.3 FANFINITY INC. is not responsible for theft, loss, damage, counterfeiting, unauthorized use, duplication or other causes of invalidity of the ticket.

7.4 The event in question and the associated tickets, as well as information on the website of FANFINITY INC. regarding this event and tickets, may contain references to websites, links or services of third parties. FANFINITY INC. does its best to check the information on these websites but is in no way responsible for this information from third parties.

7.5 To the extent permitted by law, FANFINITY INC. shall only be liable for damages directly caused by its gross negligence or willful misconduct. The customer bears the burden of proving such liability.

7.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FANFINITY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF ENJOYMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.7 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FANFINITY INC.’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY EVENT, TICKET, OR SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE RELEVANT TICKET(S).

7.8 FANFINITY INC. is in no way responsible for personal property during the events. FANFINITY INC. shall not be liable for any loss, theft, or damage to personal belongings.

7.9 FANFINITY INC. is not responsible for the actions or mistakes of third parties (whether or not present at the relevant event) and/or the customers themselves.

7.10 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FANFINITY INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Article 8. Privacy policy

8.1 FANFINITY INC. attaches great importance to the protection of the personal data of its customers.

8.2 In connection with the purchase of tickets and participation in events, FANFINITY INC. may collect and process personal data for purposes including, without limitation: order processing, payment processing, event administration, customer support, security, fraud prevention, marketing (where permitted by applicable law), and compliance with legal obligations.

8.3 Personal data will be collected, used, disclosed, and otherwise processed in accordance with applicable law.

8.4 By purchasing tickets and attending events, the customer acknowledges and agrees that their personal data may be processed by FANFINITY INC. and shared with its affiliates (including but not limited to Fanfinity BV), service providers, event partners, venue providers, and other third parties, including for customer relationship management, service delivery, event operations, analytics and business insights, product and service development, marketing and promotional activities (where permitted by applicable law), and other legitimate business purposes.

8.5 The personal data will be kept for as long as this is necessary in the context of the legal obligations of FANFINITY INC.

Article 9. Intellectual property

9.1 All intellectual property rights in and to FANFINITY INC.’s events, platforms, website, materials, and content (including, without limitation, text, graphics, logos, trademarks, trade names, designs, audiovisual content, software, and event formats) are and shall remain the exclusive property of FANFINITY INC. Nothing in these Terms shall be construed as transferring any ownership rights to the customer.

9.2 Subject to compliance with these Terms, FANFINITY INC. grants the customer a limited, personal, non-exclusive, non-transferable, revocable license to access and use its website. Any other use, including reproduction, distribution, modification, public display, or commercial exploitation, is strictly prohibited without FANFINITY INC.’s prior written consent.

9.3 To the extent a customer submits, uploads, or shares any content in connection with an event or FANFINITY INC.’s platforms (including, without limitation, comments, images, videos, or social media content tagged or submitted to FANFINITY INC.), the customer grants FANFINITY INC. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, display, modify, and create derivative works from such content for any lawful purpose, including marketing and promotional activities, without further notice or compensation.

9.4 Content creators, influencers, or professional streamers may record, stream, or otherwise broadcast event content on their platforms only with the prior express written consent of FANFINITY INC., which may be granted, conditioned, or withheld at FANFINITY INC.’s sole discretion. Where authorized, such recording and streaming shall be subject to the following conditions:

(i) use must be non-disruptive and must not interfere with the event, other attendees, performers, or operations;

(ii) content must not be used in any manner that is defamatory, misleading, or that may harm the reputation of FANFINITY INC., its partners, sponsors, or event participants;

(iii) content must not infringe any intellectual property rights of FANFINITY INC., game publishers, or third parties;

(iv) FANFINITY INC. and its partners may require branding, sponsor visibility, or content restrictions as a condition of authorization; and

(v) FANFINITY INC. may revoke authorization at any time, in its sole discretion, with immediate effect.

9.5 Events may include intellectual property owned or controlled by third parties (including game publishers, sponsors, or partners). All such rights remain the property of their respective owners. Customers agree not to use, reproduce, or exploit any such third-party intellectual property without proper authorization.

9.6 FANFINITY INC. reserves all rights to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief and damages. Any unauthorized use of FANFINITY INC.’s or its partners’ intellectual property may result in immediate termination of access to events or services without refund.

Article 10. Disputes and governing law

10.1 Any complaints regarding services, goods, tickets, or invoices must be submitted in writing to FANFINITY INC. at the designated customer support email address within eight (8) days following the event, ticket or invoice date, as applicable. The customer must provide sufficient detail and supporting documentation (including, where relevant, photographs) to allow FANFINITY INC. to evaluate the claim. Failure to provide timely notice shall constitute a waiver of such claim to the fullest extent permitted by law.

10.2 Complaints do not suspend the customer's payment obligation. The complaints must be clearly defined so that FANFINITY INC. can take the necessary steps to remedy the complaints insofar as they are justified.

10.3 In the absence of complaints, the customer is deemed to accept the services, goods and invoices provided without reservation.

10.4. These Terms and any related transactions shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. In the event of a dispute arising from or relating to these Terms, which is not resolved by negotiation between the parties, the parties hereby agree to exclusive personal jurisdiction in the state and federal courts located in Chicago, Illinois.