Terms of Use for Fans
Last updated: August 16, 2024
PLEASE READ THESE FAN TERMS OF USE CAREFULLY BEFORE OTHERWISE USING FANFIX AS A FAN.
This Terms of Use for Fan (“Fan Terms”) are additional terms which apply if you use FanFix as a Fan (“Fan”, “you”, or “your”) and form part of your agreement with us. By using FanFix as a Fan, you also agree to our General Terms of Service, Privacy Policy, Payment Terms, and Creator Terms, as applicable, all of which are incorporated herein by reference. Capitalized terms not defined below will have the same meaning as provided in the underlying General Terms of Service.
1.1 Your Account as a Fan. To become a Fan, your Account starts upon your acceptance of this Agreement at the time of registration. After setting up your Account as a Fan, you can access special Content, directly interact with Creators you support using tools supplied by FanFix and engage with a greater FanFix User community through Memberships, Direct Messages, Locked Content, and other programs (as outlined below). If you cancel or delete your Account, you may do so by emailing us at [email protected]. However, if you delete your Account, you cannot reactivate it or retrieve any Content or information that you have added to your portal on FanFix. Therefore, if you choose to take a br/eak, we recommend that you simply stop using the Account, instead of deleting it.
1.2 Fan Warranties. By creating a Fan Account, you warrant that you are at least 18 years of age and can be legally bound by contract in the jurisdiction where you live and you will provide any additional age or identity verification, or such other information as may be required, to us upon request at any time.
Although certain parts of FanFix may be free, you may be allowed to purchase access to Content from Creators through a Membership, as defined below, or certain single-pay options.
We strive to create an authentic and interactive experience for Users on FanFix. Therefore, we do not condone or permit Creators to share Account login information with 3rd parties (including their representatives), or otherwise permit their agents to impersonate such Creators or use their likeness, name or voice for interacting with Fans or other monetization purposes. As we are not in control of when and how each Creator logs into its Account, certain messages or Contents sent to Fans may have been generated by their representatives, rather than the actual Creator. These actions violate our Creator Terms and Terms of Service. If you come across any actual or suspected impersonation of any individual or legal entity, please let us know immediately so that we can investigate any possible violations of Creator Terms and take any available action in response to these violations and prohibited use of FanFix.
- 2.1 Memberships; Renewal. You may purchase a subscription-based membership with a Creator (at the Creator’s discretion) for access to exclusive Content and/or other Fan perks (“Membership”). Creators may offer Memberships on a monthly or recurring basis as described to you when you purchase such a Membership (the “Membership Term”). When you purchase a Membership, you will be charged a fee based on the type of Membership you selected and the length of your Membership Term (the “Membership Fees”). The Membership Fees will be charged to you in advance as further described below. At the time of purchasing a Membership, FanFix will provide you with confirmation of the Membership Fees, duration of your Membership, FanFix’s cancellation policy, and instructions on how to cancel. Each Membership will automatically renew for the same duration as the Membership Term unless you notify us at [email protected] to modify the duration of Membership for renewal at least one (1) day prior to the end of your then-current Membership Term. Fees for the Memberships may change at any time (to become effective upon the upcoming Membership Term).
- 2.2 Membership Cancellation. You may cancel any of your Memberships with any Creator at any time through your Account settings on FanFix. You will retain access to a cancelled Membership until the end of the then-current Membership Term. All Membership payments are non-refundable, non-transferrable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Membership Term. In the event we suspend or terminate your Account for your br/each of these Fan Terms or any other applicable terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Membership or any Membership Fees.
- 2.3 Direct Messages and Locked Content. As a Fan, you may follow Creators, send Direct Messages to interact with your favorite Creators, or pay to access certain exclusive Locked Content made available by the Creators you support. BY FOLLOWING A CREATOR, YOU AGREE, ACKNOWLEDGE AND CONSENT THAT YOU MAY RECEIVE MESSAGES OR OTHER COMMUNICATIONS, INCLUDING SMS, MMS AND PUSH NOTIFICATIONS FROM SUCH CREATOR AS FURTHER ELABORATED IN SECTION 2.6 (RECEIVING CREATOR MESSAGES) BELOW. You may opt-out by following steps outlined in Section 9 (Your Choices to Control Your Information) of our Privacy Policy.
(a) Direct Messaging. In addition to Memberships, you may also purchase the rights to engage with Creators using direct messages on FanFix (“Direct Messages” or “Direct Messaging”). WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING THE QUALITY, SUBSTANCE, FREQUENCY, OR ENGAGEMENT REGARDING DIRECT MESSAGES WITH CREATORS AND, SPECIFICALLY, WE DO NOT GUARANTEE THAT THE CREATOR WILL RESPOND TO ONE OR MULTIPLE DIRECT MESSAGES FROM YOU.
- Fees. FEES FOR DIRECT MESSAGES ARE CHARGED ON A PRE-PAID BASIS AND ARE NON-REFUNDABLE. You will see the pricing details for the applicable Direct Messages at the time of purchase. Also, within your Account as a Fan, you may view your billing history for information on your purchases of Direct Messages.
(b) Locked Content. Creators that you follow may generate and send messages with exclusive Content that is behind a paywall (“Locked Content”).
- Fees. To access the Locked Content, you agree to pay a pre-populated price included in the Locked Content messages. ALL PAYMENT FOR LOCKED CONTENT ARE FINAL AND NON-REFUNDABLE. You may lose access to Locked Content if your payment method fails, the Creator you follow blocks you, or when the Creator deletes his or her Account. We are not required to allow you to be a Fan of any particular Creator on FanFix.
- 2.4 Other Paid Content. In addition to Memberships, Direct Messages, and Locked Content, we may run one or more additional programs that provide you the opportunity to interact with Creators you follow (“Other Paid Content”). You may purchase Other Paid Content through a subscription model or other single-pay options, as available, subject to additional terms, rules or policies that we make available to you before the purchase, which supplement these Fan Terms. We reserve the right to discontinue or modify all or part of Other Paid Content at any time.
- 2.5 FanFix Payment Terms. Your payment for a Membership, Direct Messages, Locked Content, or other offerings on FanFix are further subject to our Payment Terms which are incorporated herein by reference.
- 2.6 Receiving Creator Messages. In addition to Section 5.2 of the General Terms (SMS Text Message or other communications), by registering your phone number with FanFix, you are agreeing to the following terms:
- By following a Creator, you agree, acknowledge and consent that you may receive messages or other communications, including SMS, MMS and push notifications from such Creator.
- We may send you messages related to your Account at the phone number that you provided to us, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).
- We may share your Account information (such as, Account ID and to the extent you choose to upload, the photo you upload to associate with your Account) with other FanFix Users that you agree to message with, instead of asking you for the same information again.
- Each User alone (and not FanFix) is responsible for determining whether to receive messages via their FanFix Account and/or to the phone number he or she provides at the time of registration for the message from a Creator. THESE MESSAGES MAY BE FULLY OR PARTIALLY AUTOMATED AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS.
- You are responsible for any messaging and data charges that may incur when messaging through FanFix (message and data rates may apply).
- Your consent to receive messages is not a condition of any purchase.
- FanFix Users may block you from messaging with them via FanFix at any time, for any reason, without notice.
- FanFix may filter messages from reaching a User for various reasons, including reasons based on a User’s settings of its FanFix Account and whether such messages violate use restrictions set forth in this Agreement.
- Some messages may not be delivered (e.g., if there is an outage on FanFix or if a carrier blocks content).
- Messages sent via FanFix may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices. For details, please refer to Section 10 (Third Party Sites & Content) of the General Terms of Service.
- You will use only your own phone number or Account when messaging through FanFix. If we discover that you did not use your own phone number or Account, we may suspend or terminate your Account access at any time.
- If you change or deactivate the phone number or Account you used when signing up to receive messages from a FanFix, you will email us at [email protected] within 72 hours to update or remove your information.
4. Modifications to Fan Terms |
We are constantly trying to improve FanFix, so these Fan Terms may need to change over time. We reserve the right to modify these Fan Terms at any time and any such changes will be effective on posting. You can tell when changes have been made to these Fan Terms by referring to the “Last Updated” legend on the top of this page. We will provide you with advance notice of a major change to these Fan Terms. For example, we may (i) require that you reaccept the updated version of these Fan Terms, (ii) send you an electronic notification advising of the update to these Fan Terms, or (iii) include a notice on FanFix. We do not ordinarily provide advance notice of a minor change. We encourage you to check these Fan Terms each time you visit FanFix.
Your continued use of or access to FanFix as a Fan and/or utilization of any FanFix Content after these Fan Terms have been updated (and after notice for a major change) indicates your agreement and acceptance of the updated version of these Fan Terms.