Fan Terms of use

Welcome to Ballers Platform! These Fan Terms of Use ("Terms") apply to your use of the Ballers Platform provided by VIPBALLERSS PTY LTD ("we", "our" or "us"). These Fan Terms are intended to help you understand your responsibilities when using the Ballers Platform as a Fan and to make sure you use it in a manner that is appropriate, acceptable and in accordance with the law.

Definitions
- Baller means a user who has registered an athlete Account to create and post Baller Content for Fans.
- Ballers Platform means www.vipballers.com.
- Baller Profile means the profile created by a Baller on the Ballers Platform, to which Fans can subscribe, and the Baller can post Baller Content.
- Baller Terms means the terms on the Ballers Platform that apply to Ballers.
- Fan means a user who has registered a Fan Account on the Ballers Platform.
- Fees means all fees for Subscription Fees, Premium Purchases and Tips.
- Intellectual Property Rights means all present and future rights, whether registered or unregistered or recorded or unrecorded, in or in relation to any copyright; design, patent, trademark, semiconductor, or circuit layout rights (whether or not continued, registered, abandoned or withdrawn); trade, business, company or domain name; and know-how, inventions, processes, confidential information (whether in writing or recorded in any form), database rights or software, and any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.
- Laws means all applicable laws, including laws in the country you reside, and Australian laws, including Privacy Laws.
- Personal Information has the meaning given to it in the Privacy Act.
- Policies means all policies, guidelines, and information about using the Ballers Platform on the Ballers Platform, including the Privacy Policy and the Safe Content Principles.
- Premium Purchases means any products, services, one-off content, features, or other benefits offered by a Baller and made available on the Baller's Profile for Fans to purchase outside of your Subscription Fee, at prices set by the Baller.
- Privacy Act means the Privacy Act 1988 (Cth).
- Privacy Laws means any and all applicable Australian State and Commonwealth laws and international laws, regulations, principles, policies and industry codes in relation to data and privacy protection, including but is not limited to the Privacy Act, the Australian Privacy Principles and the European General Data Protection Regulation 2016/679.
- Privacy Policy means our privacy policy available on the Ballers Platform (as amended by Ballers from time to time).
- Safe Content Principles means the Safe Content Principles published by us on the Ballers Platform (as updated from time to time).
- Subscription means a Fan's subscription to a Baller's Profile.
- Subscription Fees means the fees set by an individual Baller to subscribe to their Baller's Profile.
Engagement
- 2.1 These Terms of Use and our Policies must be read together as they form your contractual agreement with us and govern your access to and use of the Ballers Platform (together, the Terms).
- 2.2By accessing or using the Ballers Platform, you represent that you understand, and agree to be bound by, these Terms as amended from time to time. If you do not agree with our Terms, you must stop using Ballers Platform immediately.
- 2.3You acknowledge and agree that these Terms govern your use of the Ballers Platform and do not extend to your interactions with individual Ballers, and we are not a party to the agreement or relationship between Ballers and Fans.
- 2.4 Please contact us at [email protected] if you have any questions.
Your Fan Account
- 3.1 To register an account with the Ballers Platform as a Fan (Fan Account), you must follow the instructions on the Ballers Platform and provide all information requested, including your name, display name, and password.
- 3.2 Ballers reserves the sole and absolute right to accept or deny any request by you to create a Fan Account.
- 3.3 As a Fan, you can subscribe to a Baller's Profile and gain exclusive access to their content, which may include 1:1 video streaming, group video streaming – live and record, directly interact with Ballers using the tools supplied including direct messaging, exclusive coaching / tutorial live and recorded programs, access special benefits including personal signed merchandise or other exclusive products, services and offerings through Premium Purchases (Baller Content), and have the opportunity to engage with a community of Fans and Ballers.
- 3.4 Baller Content is at the discretion of the Baller and not all Baller Content is available as part of your Subscription Fee. You must check the terms and conditions specified on a Baller's Profile to confirm what Baller Content is included in your Subscription Fee, or is available for an additional price through a Premium Purchase.
- 3.5 As a condition of your creating your Fan Account, you agree not to organise, promote or facilitate any in-person meet-ups, gatherings, or events with Ballers via the Ballers Platform.
Fan guidelines
- 4.1 You represent and warrant that:
  1. you will comply with our Safe Content Principles and you will not do anything on the Ballers Platform that is unlawful, prohibited, inappropriate, or anything that may be abusive or defamatory to us, Ballers or any Fans;
  2. you must not impose on the Ballers Platform any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;
  3. you are solely responsible for your interactions with Ballers and other Fans;
  4. you are solely responsible for any material, content or data that you (a) post, publish or otherwise transmit through the Ballers Platform and (b) obtain through accessing or using the Ballers Platform and any Baller Content (Fan Content). We reserve the right to remove any Fan Content for any reason without prior notice;
  5. you grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your Fan Content for our business or commercial purposes, for the purpose of providing the Ballers Platform, responding to any complaints or messages, and improving the functionality of the Ballers Platform;
  6. you will cooperate with any investigations by us relating to outages, security problems, unauthorised use of the Ballers Platform or suspected breaches of these Terms or applicable Laws; and
  7. you will comply with these Terms, and all applicable Laws in connection with your Fan Content and your use of the Ballers Platform.
- 4.2 We reserve the right to moderate and monitor your Fan Content as set out in these Terms.
- 4.3 We reserve the right to remove any Fan Content for any reason without prior notice.
- 4.4 You must report any offensive or inappropriate Baller Content or Fans Content by [email protected].
Premium Purchases and Tips
- 5.1 Ballers may make Premium Purchases available to you on the Ballers Platform for an additional Premium Purchase fee, as set by the individual Baller. Premium Purchases are in addition to any Subscription Fees.
- 5.2 To access Premium Purchases, you must have a Subscription with the Baller's Profile.
- 5.3 You may only use and make a Premium Purchase in accordance with the specific terms and conditions which apply, as specified on the Baller's Profile. Please check the relevant terms and conditions of the Premium Purchase prior to purchase.
- 5.4 If an individual Baller has enabled tipping on their Baller Profile, you will have the option to provide monetary tips at a value determined by you (Tips) to be paid to the Baller via the tipping feature on the Baller's Profile.
- 5.5 By choosing to Tip a Baller, you agree that:
  1. all Tips are voluntary, non-refundable and do not entitle you to any additional Baller Content, services or benefits beyond what is provided under your Subscription;
  2. all Tips are processed through third party payment providers and we are not responsible for any issues arising from the processing of Tips, including delays, errors or failed transactions; and
  3. Tips may be subject to processing fees, our service charges or other deductions.
Your interactions
- 6.1 All of your interactions with Ballers on the Ballers Platform are governed by the terms set by the Baller (Fan Contract).
- 6.2 We may moderate all use of the Baller Platform and facilitate interactions between you and Ballers, but we are not a party to any Fan Contract and are not liable or responsible for your interactions or relationship with any Baller or your use of any Baller Content or Premium Purchase.
- 6.3 We are not responsible for, and do not endorse any Baller Content, nor do we have the obligation to pre-screen or monitor Baller Content.
- 6.4 Baller Content and Subscription offerings may vary, and we have limited control over the quality and specific benefits provided by Baller's on the Ballers Platform. However, if you are unhappy with the conduct of a Baller or the quality of any Baller Content or Premium Purchases, we encourage you to attempt to resolve the issue with the individual Baller. If you are still having issues, then we are here to help you and to make sure this a safe and enjoyable environment for everyone, so please reach out to us at [email protected].
- 6.5 If you reasonably believe that you are entitled to a refund in respect of any Fees, please lodge a refund request at [email protected]. We will aim to review your request within 7 days of your refund request and, if approved, we will refund any refundable amounts to your original payment method.
- 6.6 If you reasonably believe that another Fan or Baller is not complying with these Terms, the Baller Terms or our Policies, is acting unlawfully, or makes you feel unsafe in any way, you can make a report by emailing us at [email protected] with details of your request, and we will action such requests within a reasonable time.
- 6.7 If a Baller blocks or restricts your access to their Baller Profile, you may submit an appeal to us by emailing us at [email protected], and we will review all appeals in a timely manner and may consult with you as part of the review process.
- 6.8 Our decision regarding the appeal shall be final.
Fees
- 7.1 It is free to register a Fan Account on the Ballers Platform.
- 7.2 To subscribe to a Baller's Profile and access their Baller Content, you must pay a Subscription Fee as per the terms and conditions set out by the Baller.
- 7.3 All Fees are set by an individual Baller in their sole discretion and may be increased by a Baller on notice to you (Fee Adjustment). All Fee Adjustments for a Subscription will be effective from your next billing cycle of your Subscription (if you have a Subscription that automatically renews). If you do not wish to continue your Subscription at the new price, you may cancel it before the start of the next billing period as described in clause 11.
- 7.4 All prices appear, and are charged in, United States dollars.
- 7.5 When you select "subscribe" to an Baller's Profile, you agree to start a Subscription on the terms and conditions specified on the Baller's Profile which may include yearly, monthly or pay per view or creation models. Certain Subscriptions will continue and automatically renew unless you cancel your Subscription before your next renewal date via the platform under “My Subscriptions”. See clause 11 for more information on how to cancel and when cancellation takes effect.
- 7.6 All Fees will be received and processed by a third party payment provider. If your payment fails, then we may suspend and/or terminate your Fan Account.
Free trial periods
- 8.1 A Baller may choose to offer Subscriptions with a free trial period on the terms and conditions as specified on their Baller's Profile.
- 8.2 A Baller is responsible for informing you of the terms and conditions applicable to any free trial period (such as the specific duration of the free trial period, billing dates, charges and cancellation rights) at the point of Subscription.
- 8.3 If you subscribe, or attempt to subscribe multiple times for a free trial period using multiple accounts, names, addresses, email addresses or other means, a Baller may terminate your Subscription or we may suspend or terminate your Subscription or Fan Account.
- 8.4 You must provide a valid payment method at the point of sign-up and will be automatically charged at the end of your free trial period, unless you cancel your Subscription before the expiry of such period.
Payment and billing
in all cases, unless you cancel your Subscription in advance of the next billing date.
- 9.1 The length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe.
- 9.2 Payment will be taken automatically:
  1. at the start date of your Subscription (or at the end of any applicable limited free trial period unless you have cancelled your Subscription before the end of the trial period); and
  2. at the start of each billing period, if you have a recurring Subscription,
- 9.3 If you purchase any Premium Purchases, such Premium Purchases will be charged separately and in addition to any your other active Subscriptions. Premium Purchases may have different billing cycles or charge dates to your Subscriptions.
Intellectual property
- 10.1 The Ballers own or are the licensee of all rights, title and interest, including all Intellectual Property Rights in their Baller Content and Premium Purchases.
- 10.2 To the extent your Subscription or Premium Purchase includes access to one or more Baller's Content, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and view the Baller Content for your own private, personal, non-promotional, non-commercial use in accordance with the terms agreed between you and the individual Baller.
- 10.3 You acknowledge and agree that we own or are the licensee of all rights, title and interest, including all Intellectual Property Rights in the Ballers Platform (collectively, "Platform Content"). These Terms or your use and access to Ballers Platform does not transfer or assign ownership of any Intellectual Property Rights in the Platform Content to you or any other person.
- 10.4 You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Platform Content or Baller Content any other material in whatever form contained within the Ballers Platform unless expressly otherwise permitted by these Terms.
- 10.5 For clarity, you retain all of your ownership rights in your Fan Content. However, by submitting Fan Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Fan Content in connection with our business, including for promoting and redistributing part or all of our services in any media formats and through any media channels.
- 10.6 The obligations accepted by you under this clause survive termination or expiry of these Terms.
Termination
- 11.1 Termination by a Fan
  1. You can delete your Fan Account at any time in the Fan Account section on the Ballers Platform.
  2. If you delete your Fan Account, your Fan Account will be removed immediately and you will not have access to your Fan Account or any Fan Content.
  3. If you wish to cancel a Subscription to a Baller Profile, you must read the terms and conditions set out by the individual Baller.
- 11.2 Termination by us
  1. We may terminate or suspend your Fan Account without warning if:
    - i we reasonably believe that you have or will likely violate our Terms or any applicable Laws;
    - ii a Baller suspends or blocks your Fan Account from their Baller Profile; or
    - iii such action is otherwise required by law or an order of a court or relevant authority, without incurring any liability in respect of that termination or suspension.
  2. We are not responsible for any liability you may suffer arising from or in connection with our rights under this clause.
  3. On termination of your Fan Account, you remain liable to pay all Fees accrued up until the end date of your Subscriptions.
  4. If a Baller cancels their account for any reason other than your breach of these Terms, we will provide you with a refund for any Fees that you have paid us for the Baller Content but not yet received, or remaining portion of your Subscription period after the date on which the Baller's account is cancelled.
- 11.3 On termination of your Fan Account for any reason:
  1. we may deal with your Fan Content and any Personal Information you have provided in accordance with our Privacy Policy; and
  2. you will not be able to access your Fan Account, Baller Profile, or any Fan Content.
Limitation of liability and warranty
- 12.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, suffered or incurred by you or any third party in connection with your use of the Ballers Platform.
- 12.2 Everything on the Ballers Platform is provided to users "as is" and "as available". We do not warrant or represent that:
  1. Ballers Platform or services will meet your requirements or expectations;
  2. the accuracy of the contents, captioning, keywording, heading, or any other information, representation or thing depicted on or associated with Ballers Platform;
  3. that Ballers Platform or any of our services will remain available, uninterrupted, timely, or error free; or
  4. that any errors or defects on Ballers Platform or our services will be corrected.
- 12.3 You use and act on our Ballers Platform at your own risk, and we are not responsible for any loss or damage you may suffer as a result of your interactions with individual Ballers.
- 12.4 To the extent that our liability cannot be limited by law, our total liability to you in connection with the Terms and your use of the Ballers Platform is limited to the amount of money we have earned through your use of the Ballers Platform in the 12 months (or part thereof) immediately preceding the date on which the first relevant right of action accrued.
Indemnity
- 13.1 You agree to indemnify and hold harmless, us and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (including costs of defence of claims, suits, or proceedings brought by third parties), in any way related to:
  1. your access to or use of Ballers Platform and Baller Content;
  2. your Fan Content; or
  3. your breach of any of these Terms.
- 13.2 This indemnity is a continuing obligation and survives termination or expiry of these Terms.
Privacy
- 14.1 You must comply with our Privacy Policy and all Privacy Laws including without limitation, by obtaining all required consents and making all the required disclosures and notifications to ensure that you have the right to use, collect, provide and disclose to us any Personal Information contained in your Fan Content.
- 14.2 We will handle your Personal Information in accordance with our Privacy Policy and all Privacy Laws. By creating a Fan Account, you acknowledge and agree that you have read and understood our Privacy Policy and consent to us handling your Personal Information in accordance with its Privacy Policy and all Privacy Laws.
- 14.3 While we implement reasonable security measures to help protect your Fan Content against security breaches, you acknowledge and agree that we cannot guarantee that your use of the Ballers Platform will be totally secure or will be free from viruses, malware or other harmful components.
Changes to the terms
- 15.1 We will notify you if we make changes to these Terms, and the most current version will always be posted on the Ballers Platform.
- 15.2 By continuing to access or use the Ballers Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must delete your Fan Account, and stop using the Ballers Platform.
Jurisdiction
- 16.1 These Terms are governed by the laws of Victoria, Australia and any dispute relating to these Terms shall be determined by the exclusive jurisdiction of the courts of Victoria.
- 16.2 If you access Ballers Platform outside of Australia, we do not represent that Ballers Platform complies with the laws of the country in which you reside.