Payment Terms and Conditions

Last updated: August 16, 2024

PLEASE READ THESE PAYMENT TERMS CAREFULLY BEFORE MAKING PURCHASES, PAYMENTS, OR OTHERWISE COMPLETING TRANSACTIONS ON FANFIX.    

This Payment Terms and Conditions (“Payment Terms”) are additional terms which govern payments made by or to Users, Fans, and/or Creators on FanFix (“you” or “your”) and form part of your agreement with us.  By making a payment or storing a payment method with FanFix, you agree to be bound by these Payment Terms and, as applicable, also agree to our General Terms of Service, Creator Terms, Fan Terms, and our Privacy Policy are incorporated by reference herein.  In the event of a conflict between these Payment Terms and the General Terms of Service, Fan Terms, or Creator Terms, these Payment Terms shall prevail.  Capitalized terms not defined below will have the same meaning as provided in the underlying General Terms of Service, Creator Terms, or Fan Terms. 

1.1    Fees and Pricing.  The applicable fees to purchase a Membership, Direct Message, Locked Content, or other Content offerings on FanFix are specified at the time of purchase.  As a Fan, you agree to pay all amounts due in accordance with the Payment Terms in effect at the time a purchase is made, including any applicable surcharges, service, transaction, or processing fees, including surcharges and/or associated fees with a Payment Processor.  You may be presented with additional terms before you confirm a transaction on FanFix.  By proceeding with or confirming the transaction, you agree that those additional terms, to the extent applicable, will also govern that transaction.  

1.2    Payment Method.  Fans must provide one or more Payment Methods to make purchases through FanFix.  A “Payment Method” means a current, valid, accepted method of payment including, without limitation, a valid debit or credit card or bank account, as may be updated from time to time and which may include payment through your Account with a third-party.  The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.  It is your responsibility to keep Payment Methods current and updated at all times.    

1.3    Payment Processing and Authorization to Charge Payment Method.  We use a third-party payment processor (the “Payment Processor”) to charge and process payments for Memberships, Direct Messages, Locked Content, and/or other exclusive Consent through FanFix.  When you provide your Payment Method to pay for access to certain Content, or click “Unlock Content” or similar button on FanFix, you represent and warrant that you have the legal right to use that Payment Method and authorize us (and our Payment Processor) to charge (a) the full amount to the Payment Method you designate for the transaction; (b) in connection with any errors, claims, or disputes; and (c) for amounts you owe to us.  If we, through our Payment Processor, do not receive payment from you on time, you agree to pay all amounts due and owing on your Account upon demand.  If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to exclusive content on FanFix and reserve the right to pursue any available legal remedy to collect the amount owed by you.  Additionally, if your transaction results in an overdraft or other fee from your card issuer due to going over your credit limit or having insufficient funds in your account, your card issuer may charge you a fee, and you alone are responsible for that fee.  

1.4    Consent to Stored Payment Methods.  For your convenience, you can elect to store Payment Methods to your Account on FanFix (“Stored Payment Methods”).  BY ELECTING TO PROVIDE STORED PAYMENT METHODS ON FANFIX, YOU HEREBY CONSENT TO THE STORAGE OF THE STORED PAYMENT METHODS BY US OR OUR PAYMENT PROCESSOR FOR FUTURE USE AND ACKNOWLEDGE AND AGREE THAT THAT ANY STORED PAYMENT METHODS MAY BE USED BY US OR OUR PAYMENT PROCESSOR TO PROCESS PAYMENT FOR CONTENT PURCHASES OR OTHER TRANSACTIONS YOU VOLUNTARILY MAKE THROUGH YOUR ACCOUNT ON FANFIX.  

1.5.    Surcharges.  We impose a surcharge of 13% on all credit cards.

1.6    Accuracy.  You are responsible for the completeness and accuracy of the Stored Payment Methods you store on FanFix.  To the fullest extent permissible by applicable law, you acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate, up-to-date information regarding your Stored Payment Methods.  

1.7    Payment Processor.  You understand, acknowledge, and agree that the use of a Payment Processor is integral to the services and Content provided through FanFix.  The Payment Processor manages the routing and processing of all required information from Fans to process payments and other transactions.  We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other.   In making a payment, you may be redirected to an external website operated by a Payment Processor and the processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Payment Terms and other incorporated agreements.  

We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor’s collection or use of your Personal Data (as defined in the Privacy Policy).  You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed payments.  We expressly disclaim any responsibility and liability for all services provided by a Payment Processor. If a transaction results in an overdraft fee from your card issuer due to you going over your credit limit or having insufficient funds in your Account, your card issuer may charge you a fee and you alone are responsible for that fee.  We currently use Stripe, Inc. (“Stripe”) as our Payment Processor.  You can access Stripe’s Terms of Service at: https://stripe.com/legal/link-account-terms. 

If you enter into a transaction with a Creator and have a dispute over the Content or services you purchased or, if applicable, any donation you make, we disclaim, and you release us from any liability arising from the transaction or for how the Creator used your payments and/or donations.  Our only responsibility is to handle your payment transaction(s) through our Payment Processor.  

If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss.  Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or relating to the transaction.  

1.8    All Payments are Final.  TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PAYMENTS ARE FINAL AND ARE NON-REFUNDABLE AND NON-TRANSFERRABLE.  WE RESERVE THE RIGHT, AT ANY TIME AND FOR ANY REASON, TO PROVIDE A REFUND IN OUR SOLE DISCRETION.  THE AMOUNT AND FORM OF SUCH REFUNDS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION AND DOES NOT OBLIGATE US TO PROVIDE SUCH REFUNDS IN THE FUTURE UNDER ANY CIRCUMSTANCE.  

This section of the Payment Terms only applies to you if you purchase a Membership or other recurring payments.

2.1    Memberships.  To begin a Membership, you must provide us with one or more Payment Methods.  Memberships are auto-recurring transactions.  By purchasing a Membership, you authorize us to bill your Payment Method immediately for the applicable Membership Fees (as defined in the Fan Terms) and then again for all recurring payments at substantially regular intervals at the beginning of each Membership Term, according to the applicable Membership terms and until you cancel your subscription.  

2.2    Membership Renewal.  Your Membership will automatically renew for the same duration as the Membership Term unless you modify the duration Membership Term at least one (1) day prior to the end of your then-current Membership Term or you cancel your Membership.  We or a Creator may change the Membership Fees upon notice to you, but such change will only take effect once your then-current Membership Term has ended.  You must cancel your Membership(s) at least one day before the renewal date in order to avoid charges for the next billing cycle.  If any Membership Fees are not paid in a timely manner, or we (or our Payment Processor) are unable to process your transaction using the Payment Method provided, we reserve the right to suspend access to your Account.  If your Payment Method reaches its expiration date, your continued use of FanFix constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected Membership Fees or other amounts.  

2.3    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 Fees are non-refundable, non-transferrable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Membership Term.  We reserve the right, at any time and for any reason, to provide a refund or discount to some or all of our Users.  In the event we suspend or terminate your Account for your br/each of the General Terms of Service, 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.  

2.4    No Refunds.  All Membership Fees are non-refundable, non-transferrable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Membership Term.  

3.1    At-Will Use.  We may revoke your eligibility to make payments or otherwise purchase Memberships, Direct Messages, Locked Content, or other Content on FanFix at any time at our sole discretion.  

3.2    Inquiries.  By using payment features through FanFix, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity.  

3.3    Right to Cancel.  We may cancel any transaction in our sole discretion if we believe the transaction violates these Payment Terms, the General Terms of Service, Fan Terms, or if we believe doing so may prevent financial loss.  

3.4    Payment Limitations.  In order to prevent financial loss to you or us, we may place a delay on a payment for a period of time, or limit Payment Methods for a transaction, or limit your ability to make a payment, or deactivate your Account.

3.5    Sharing of Information.  In order to prevent financial loss to you or to us, we may contact your payment instrument issuer, law enforcement, or affected third parties (including other Users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law and/or our policies.

4.1    Duty to Notify.  If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss.  Unless you submit the claim to us within thirty (30) days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.

4.2    No Liability.  If you enter into a transaction with a Creator or other third party and have a dispute over the goods or services you purchased, you agree that we have no liability.  We may intervene in such a dispute, but we have no obligation to do so.   

We are constantly trying to improve FanFix, so these Payment Terms may need to change over time.  We reserve the right to modify these Payment Terms at any time and any such changes will be effective on posting.  You can tell when changes have been made to these Payment 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 Payment Terms.  For example, we may (i) require that you reaccept the updated version of these Payment Terms, (ii) send you an electronic notification advising of the update to these Payment 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 Payment Terms each time you visit FanFix.  Your continued use of or access to FanFix and/or payments or transactions made for any FanFix Content after these Payment Terms have been updated (and after notice for a major change) indicates your agreement and acceptance of the updated version of these Payment Terms.