1. DEFINITIONS

1.1 The term “Content” means any and all content that Creator uses and/or otherwise distributes in connection with the Fan Connect Service and/or the Unlocked App, including, without limitation, videos, audiovisual works, text, graphics, photos, images, sounds, music, and other content and related materials that are created and/or distributed by using the Fan Connect Service and/or the Unlocked App.

1.2 The term “Fan Connect Service” means Fan Connect’s content distribution service, including, without limitation, all products, services, software applications, code modules, the Unlocked App, the Website, and any and all content materials that Fan Connect elects to offer at any time and from time to time during the Term of this Agreement.

1.3 The term “Intellectual Property Rights” means any and all intellectual property rights and all other proprietary rights of every kind and nature throughout the universe, whether now known or hereafter coming into existence, including, without limitation: (a) all rights associated with works of authorship, including but not limited to all copyrights, performance rights, neighboring rights, moral rights, and exploitation rights; (b) trademark, service mark and trade name rights, and all similar rights; (c) trade secret rights; (d) patents, designs, algorithms, sui generis database rights and all other industrial property rights; (e) all other proprietary rights of every kind and nature, howsoever designated (e.g., publicity rights, privacy rights, character and story rights, and rights to remuneration with respect to any of the foregoing), whether arising by operation of law, contract or otherwise; and (f) all present and future registrations, applications, renewals, extensions, continuations, divisions and/or reissues with respect to any of the foregoing, whether now or hereafter in force.

1.4 The term “Subscriber(s)” means any authorized consumer end user(s) that subscribe to the Fan Connect Service by means of an authorized Subscription transaction.

1.5 The term “Subscription” means any registered access granted by Fan Connect, at its sole discretion, for an interested consumer end user to obtain authorized access to and the right to use certain product and/or service offerings that are marketed and distributed as part of the Fan Connect Service (including, without limitation, the Content) in exchange for a recurring fee or other form of subscription payment.

1.6 The term “Territory” means any and all countries and territories throughout the world (but specifically excluding those countries that are referenced on the embargoed countries list of the State Department of the United States of America).

1.7 The term “Trademarks” means, collectively, the company name and logo, and any trade names, trademarks, service marks and logos that are owned by either of the parties, respectively, whether registered or unregistered.

1.8 The term “Unlocked App” means Fan Connect’s proprietary software application that enables end users and creators (including, without limitation, Creator) to access and use the Fan Connect Service.

1.9 The term “Website” means the Internet websites that are owned and/or otherwise controlled by Fan Connect and any affiliated persons and/or entities, and any successor website(s).