FANFIX TERMS OF SERVICE
Last Updated: November 28, 2023
Welcome to FanFix! This is a legal document. By using FanFix, you agree to terms below.
This Agreement is entered into by and between you and FanFixApp, LLC ("we ", "our ", or "us ") and pertains to your use of https://www.fanfix.io/ any services provided therein, including mobile applications, sub-domains, clickable URL, and websites with a link to these Terms of Service (collectively, "FanFix "). The term "User ", "you " or "your " refers to anyone who uses, accesses, or otherwise interacts with FanFix, whether a Creator or a Fan or both (as defined below). We and you are each referred as a "Party " and collectively the "Parties ."
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING FANFIX OR PROVIDING ANY INFORMATION TO US .
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE FANFIX IN ANY MANNER.
No repeat offenders . By using FanFix, you represent and warrant your access to FanFix has never been suspended or terminated for any reason. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MAY NOT ACCESS OR USE FANFIX!
No Professional Advice . THE INFORMATION PROVIDED AS PART OF YOUR USE OF AND ACCESS TO FANFIX IS FOR PERSONAL, INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. SUCH INFORMATION MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. FOR MORE DETAILS, PLEASE REVIEW SECTION 6.
For the Lawyers . These Terms of Service contain an arbitration provision in Section 9 that requires both Parties to resolve disputes by binding arbitration instead of in court. In arbitration, class actions and jury trials are not permitted. Therefore, please review Section 9 carefully, as it governs and affects your rights to resolve dispute with us.
|TABLE OF CONTENTS
|What We Do
|Your Content, Feedback, and Referrals
|Privacy and Security
|Warranties and Disclaimers
|Limitation of Liability
|Governing Laws; Dispute Resolution
|Third Party Sites & Content
|Suspension and Termination
|Miscellaneous; General Information
|Consent to Collect Technical Data
SUMMARY: We provide an interactive, exclusive-content platform to enable Creators and Fans to engage together. To access certain features on FanFix, you may register and create an Account as a Creator or access Content as a Fan.
1.1 FanFix .
What We Do: FanFix is an exclusive-content platform that empowers Creators to make money while doing what they love. We are the home of Fans who interact daily with their favorite Creators and foster a safe and brand-friendly environment to engage together.
How we manage FanFix: While we may monitor some pages to enforce this Agreement, we are not responsible for information provided by you or other users of FanFix. We do not endorse any product or service, serve as an agent or representative, function as a publisher, or moderate content—except as required by applicable law. You acknowledge that we are not liable for any Content you post or for the manner in which you use your social media accounts.
1.2 Your Use or Access of FanFix .
Who is a Creator? A "Creator " is an individual who creates a FanFix account to engage with Fans through FanFix (including memberships and messaging), upload Content (as defined below) on FanFix to showcase your creativity, promote certain merchandise to Fans, and generate revenues by setting fees payable by Fans who wish to view certain exclusive Content by Creator, among others.
Who is a Fan? A "Fan " is an individual who follows or subscribes to a Creator’s Content, makes a purchase, or otherwise interacts with Creator(s) through FanFix. Through a purchase, a Fan may receive additional benefits including direct messaging or other interactions with Creators through certain functions and features made available exclusively to Fans who choose to register an Account with FanFix.
What type of Content do you see? "Content" means any creative expression, data, or other materials made available to a User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, replies, "likes," comments, and any other material whatsoever, whether it is uploaded by a User or displayed by FanFix.
1.3 Customer Support . For questions concerning your account, payments, our services, or these Terms, as well as general customer support, please contact us at email@example.com.
SUMMARY: Your Account gives you the ability to access FanFix and additional functionalities that we may establish and maintain from time to time and in our sole discretion.
Registration . You may be required to sign up for an account with FanFix to either interact with your Fans or otherwise engage in dynamic interactions with the Creators that you actively follow ("Account "), select a password and username ("User ID "), and provide us with certain information or data, such as your contact information.
User ID . Your User ID is important for building a curated fanbase and promoting your brand. Therefore, your User ID must be appropriate for all audiences. You may not register a User ID using a name that you do not have the right to use (such as a celebrity name, a trade name, brand name, etc.), another person’s name with the intent to impersonate that person or using a name that is offensive or obscene. You may not transfer your Account to anyone else without our prior written permission.
Third Party Account . Additionally, you may be able to access certain parts or features of FanFix by using your Account credentials from other services (each, a "Third Party Account "), such as those offered by Google, Facebook, or Twitter etc. By using the services through a Third Party Account, you give us the permission to access certain information from such Third Party Account for use by us, and in some cases, store your log-in credentials for that Third Party Account. You are ultimately in control of how much information that you make available or publish on your social media account(s) and/or FanFix. At any time, you can revoke our access to these Third Party Accounts by adjusting your privacy or security settings on your Third Party Accounts.
Company Accounts . If you open an Account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that legal entity; (ii) you represent and warrant that you are an authorized representative of that legal entity with the authority to bind such entity to this Agreement, and that you agree to this Agreement on the entity’s behalf; and (iii) you are responsible for providing access to current employees or third parties managing your Account.
Terms for Creators and Fans . We want you to be in the know about additional terms involving interactions among Users, payment, tax, compliance of laws, among others.
Creator. If you sign up as a Creator or on behalf of a Creator, additional terms and conditions may apply. For more details, please review Section 14 (Service Addendum).
Fan. As a Fan, you may access certain Content or services, such as Locked Content, Direct Messaging to Creators, and other features, made available exclusively to certain Users. For more details, please review Section 14 (Service Addendum).
SUMMARY: For a variety of reasons, we need to set some house rules on what products, know-how, and materials that you can promote and share, and how you interact with each other through FanFix.
3.1 Prohibited Conduct . You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) use FanFix for any purpose that breaches applicable laws, or is prohibited by other policies that we may publish on FanFix, including:
No Harmful, Violent, or Illegal Content , such as:
Do not use FanFix for any purpose that may be deemed by us or others to be invasive of another’s privacy, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, explicit, illegal, or otherwise in violation of this Agreement or any other agreement between the Parties;
Do not post any unsafe, violent or self-harm techniques or tips, or links to websites that promote unsafe how-to instructions, through images, videos, posts, or other methods;
Do not share Content advocating, promoting, celebrating, or encouraging violence, physical harm, or death against any individual, group, entity, or organization, including instructions or materials related to the assembly of bombs or other weapons, or promote violence using firearms or other weapons; or
Do not share Content that promotes, supports, or affiliates with violent extremist and terrorist groups. We may share relevant information and work with appropriate law enforcement authorities, when possible, to prevent harm.
No Impersonation or Misleading Content , such as:
Do not impersonate any person or entity (including us), or solicit information from another User in furtherance of identity theft or another unlawful purpose;
Do not post, share or promote deceptive or fraudulent Content, including spreading misleading information, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding them in pop-up ads;
Do not post Content or spread misleading information generated through deep-fake tools, voice-cloning software or other similar AI-enabled technologies without an appropriate disclaimer or label that clearly discloses that such Content is fake, manipulated, or manufactured.
No Nudity or other Sexual Content: You may not share any content that is sexually exploitive of any individual, including:
No Nudity: Do not post or share photos, videos, and digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks, including those that superimpose or digitally manipulate an individual’s face onto another person’s nude or semi-nude body;
No Non-consensual Content: Do not share intimate photos, videos, or other media of someone that was produced or distributed without their consent, even if it otherwise adheres to this policy;
No unwanted sexual advances: Do not make unwanted sexual advances and share content that sexually objectifies an individual without their consent. This includes sending someone unwanted sexual language, media, imagery, the sexual discussion of someone’s body, or the solicitation of sexual acts.
No hacking or posting harms to FanFix , such as:
Do not take any action that imposes an unreasonable or disproportionally large load on the infrastructure of FanFix or our systems or networks, or any systems or networks connected to FanFix, including by "flooding" FanFix with requests;
Do not post any Content that contains any computer hardware or software, virus, Trojan horse, worm, spyware, or any other computer programming that may interfere with the operation of FanFix;
No infringement : Do not use FanFix (including any Content) in any manner that infringes others’ intellectual property rights, such as:
Misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of FanFix or any third party;
Removes, obscures or modifies a copyright or other proprietary rights notice in FanFix;
Deciphers, decompiles, disassembles, reverse engineers, or attempts to conduct the foregoing any of the software comprising or in any way making up a part of FanFix;
Copies, modifies, reproduces, republishes, uploads, posts, transmits, translates, sells, exploits, distributes, or creates derivative works of any material from FanFix, in any manner or medium (including by email or other electronic means), unless explicitly authorized in this Agreement;
Frames or otherwise simulates the appearance or functions of FanFix or any portion thereof; or
Modifies, copies, sells, resells, rents, leases, loans, sublicenses, redistributes, or creates any derivative work of, any portion of FanFix, including any FanFix Content included on FanFix.
No Exploitation of FanFix , such as:
Do not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on FanFix, deep-link to any feature or Content on FanFix, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures, without our express permission; or
Do not harvest or scrap information manually on a mass basis (unless we have given you separate written permission to do so).
No Abuse of Personal Data , such as:
Do not disclose private or proprietary information that you do not have the right to disclose; or
Do not post in public an email or private message from any other User, moderator or administrator.
No Harm to Minors. Don’t use FanFix in a way that harms minors (or anyone, really);
Message Content and/or links to content that features, shares, promotes or facilitates the sexual exploitation of children is strictly prohibited. This includes media, text, illustrations, computer generated images, and links to sites that contain this content.
When we become aware of content depicting or promoting child sexual exploitation, we will remove the responsible Account and report it to the appropriate law enforcement authorities.
No Spam. Do not use FanFix for any purpose that constitutes unauthorized advertising, junk or bulk e-mails, chain letters, any form of lottery or gambling;
No Sharing Login Information . Do not share your login information with another individual in violation of Section 2 (Your Account); or
No Breach of Obligations : Do not violate additional acceptable use policy (where applicable), additional community guideline posted on FanFix, or other contractual or legal duties to a third party.
3.2 Interactions with Other Users . If you choose to use features in FanFix that allow you to interact with other Users of the FanFix community, you are responsible for how you interact with them. We ask that you act in a courteous manner to others and exercise good judgement.
You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, call-to-attention, and friendly competition. We ask that you act in a courteous manner to others and exercise good judgment. You should take precaution of not sharing or posting your sensitive Personal Data or proprietary information when you interact with other Users through FanFix. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We do not control what Users do or say and we aren’t responsible for their (or your) actions or conduct (whether online or offline) and we assume no responsibility or liability for any loss or damage arising from, attributing to, or resulting from any interaction with other Users or other individuals who access FanFix, individuals you meet through FanFix, or individuals who find you because of User Content posted on, by or through FanFix.
3.3 Non-discrimination Policy . We want to build an inclusive community and want you to respect each other.
We want all Users to feel welcome and included on FanFix. Accordingly, we prohibit discrimination against Users, guests, or our personnel based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local laws. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on FanFix. We will, at our discretion, take steps to enforce this non-discrimination policy, up to and including suspending from FanFix those Users who violate this policy. If you experience discrimination with any User(s), please contact support at the "Contact Us" information provided at the end of this Agreement, with the subject "Non-discrimination Policy ," so we can investigate and take appropriate measures.
3.4 Prohibited Items . We do not tolerate any Content that promotes, supports, or glorifies hatred, illegal activities, or materials that could pose harms to others, including without limitation:
We reserve the right, but are not obligated, to remove Content that we determine in our sole discretion is not within the spirit of this Section, other terms of this Agreement, or values of our FanFix community. We can also refuse to provide or stop providing all or part of FanFix to you (including terminating or disabling your access to FanFix) immediately to protect our Users, our services, if you violate this Agreement, or where we are permitted or required to do so by law.
3.5 Compliance with Laws. We have the right to monitor Creators and Content and their compliance with these Terms of Service and applicable laws, including but not limited to compliance with
We have the right to address noncompliant uses and/or publications of the Content (as determined by us in our sole discretion) by taking any of the following actions alone or in combination: (a) requiring you to fix the Content; (b) fixing the Content on our own or through an agent; (c) suspending or withholding payment (or any portion thereof) according to the "How We Manage and Process Payment " section in Section 14.1 (Addendum for Creators) below; and/or (d) terminating your Account. Without limiting the generality of the foregoing, at our request, Creator agrees to immediately remove or modify (as instructed by us) any Content or portion thereof that we determine in our sole discretion is not in compliance with these Terms of Service or the FTC Guides.
Finally, export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. For more details, please refer to Section 13.8 (Export Controls).
SUMMARY: We strive to deliver a great experience to improve your experience as a User of the FanFix community. Therefore, we respect each other’s intellectual property rights.
Content that you generate, upload, submit, or otherwise provide to FanFix in its original form and in any media is known as "User Content ." All Content that is not User Content is known as "FanFix Content ."
4.1 User License to FanFix . You are responsible for and own your Content, but you grant us the following license to use your Content:
4.1.1 Right to User Content
4.2 FanFix License to Users . FanFix Content is protected by copyright, trademark, patent, and other applicable laws. FanFix and FanFix Content are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on FanFix are registered and/or unregistered trademarks owned or licensed by us, our licensors or content providers, or other third parties. You acknowledge that we are the exclusive owner of FanFix, our logos, marks, copyrighted materials, inventions know-how, potentially patentable business methods, phrases, trade names, HTML code and/or other computer code and/or scripts, which constitute FanFix Content. We also claim ownership rights under the copyright and trademark laws with regard to the "look," "feel," "appearance", and "graphic function" of FanFix, including but not limited to its color combinations, sounds, layouts, and designs. Any unauthorized use of the foregoing and violation of Section 3.1 (Prohibited Conduct) is strictly prohibited and may be prosecuted to the fullest extent of the law.
Provided that you comply with all your obligations under the Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to view, access, and use FanFix and any FanFix Content to the extent permitted by this Agreement and other applicable laws and policies. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of ours or any third party, except as expressly provided in the Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of FanFix Content. All rights not otherwise expressly granted by the Agreement are reserved by us.
If you believe any User Content or FanFix Content infringes copyright or trademark under U.S. or other national laws, please notify us immediately in writing to the contact information immediately following this paragraph that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 ("DMCA "):
Attn: DMCA Notice
4.3 Feedback . We are free to use your Feedback without any restriction of any kind as long as we do not attribute you as the source.
We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with us through "Contact us," or other similar pages on FanFix, or through our social media pages (collectively, "Feedback "). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed to or required by laws). Therefore, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of FanFix.
4.4 Referrals . We hope that you like FanFix and tell your friends and communities about us.
If you enjoy FanFix, we encourage you to share your experience with us and your friends and communities ("Referral "). If you choose to use the features in FanFix to let a friend know about FanFix, we need you to provide your contact’s email address, social media profile, or other contact information, so that we may reach out and tell such individual about us. We may store this information for a limited period of time, but we will not display it publicly.
You represent and warrant that you have all rights necessary, including any required consent, to submit the Feedback or provide your contact’s information to us in order to make the Referral.
SUMMARY: Your information is important to you and use. Let’s work together to keep it confidential, safe, and secure.
5.3 Security . While there is no such thing as 100% security, we endeavor to take reasonable steps to help ensure the safety of your Personal Data. However, the safety and security of your Personal Data also depends upon you. You agree to: (i) have in effect and maintain appropriate administrative, physical, and technical safeguards that are designed to prevent any unauthorized access, destruction, loss, disclosure, or compromise of Personal Data and (ii) comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you. You agree not to provide any other person with access to FanFix or portions of it using your username, password or other security information and further agree to not solicit, store, collect, or use FanFix login credentials of other Users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Personal Data. We do not represent or warrant that Personal Data about you will be protected against loss, misuse, unauthorized access, or alteration by third parties.
We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your Personal Data. We may also report to other organizations about improper or unlawful activities by our Users, and this reporting may include disclosure of Personal Data relating to those individuals conducting such improper or unlawful activities.
SUMMARY: We need your commitment that you only post Content that you have permission to share with the FanFix community. Further, while we strive to deliver a great experience for all Users, there are the things that we have no control over and therefore cannot be responsible for.
6.1 Representations and Warranties by Creator.
Creator represents and warrants that: (i) it is of legal and consenting age to enter into these Terms or has the permission of a lawful parent or guardian to enter into these Terms; (ii) it will perform its obligations hereunder in accordance with all applicable laws, rules, and regulations; (iii) other than elements provided by us, the Content shall be Creator’s own original work, created solely by Creator, and will not defame any third party or violate or infringe upon any third party rights, including, without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality; (iv) there will be no restraint or limitation upon our right to use the Content and the Content therein (including Creator’s Likeness) in accordance with these Terms; (v) Creator will not use any third party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use including our express written consent (as necessary); (vi) Creator will not disparage or denigrate us, our products or services, or its association with FanFix; and (vii) other than elements provided by us, the Content shall comply with any brand guidelines, or usage restrictions provided by us.
6.2 Disclaimers :
6.2.1 General. FANFIX IS PROVIDED FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANFIX IS PROVIDED "AS IS" AND "AS AVAILABLE", AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS MEANS THAT WE MAKE NO WARRANTY OR PROMISES THAT:
6.2.2 No Legal, Medical, or other Professional Advice. We are not lawyers, doctors, provider of healthcare or telehealth services, psychologists or psychiatrists, or other licensed professionals, and do not provide any type of legal, medical, accounting, engineering, product design, or other advice. Nothing contained in FanFix should be construed as such advice or diagnosis. The Content or information displayed on FanFix should not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information made available on or through FanFix should not be relied upon when making legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN THE PARTIES. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH FANFIX (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
6.2.3 No Reliance on Information Posted. The information presented on or through FanFix is made available solely for general information purposes. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through FanFix and we will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services including, without limitation, Creators. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to FanFix, or by anyone who may be informed of any of its contents. FanFix may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
6.3 Success Stories Not Guaranteed . Success stories posted by Users or us on FanFix may not represent typical or even accurate results obtained from any particular techniques, know-how, or tips. While we enable and encourage Users to communicate with one another, we are not responsible for monitoring such information and communications. Additionally, we cannot and do not represent or warrant that any Users of FanFix are licensed, qualified, insured or capable of performing any product or services, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability or accuracy of the products and services they provide.
7.1 DISCLAIMER OF CERTAIN DAMAGES . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS ("FANFIX PARTIES ") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT OR USE OF FANFIX, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF GOODWILL OR REPUTATION, BREACH OF DATA OR SYSTEM SECURITY, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE FANFIX OR CONTENT; (2) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES, (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, MESSAGES, AND/OR PERSONAL DATA, OR (4) ANY OTHER MATTER RELATED TO THIS AGREEMENT OR FANFIX, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Limitation period . Any claim related to THIS AGREEMENT or FANFIX may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.
7.5 EXCEPTION . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATIONs OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWS.
SUMMARY: If we get sued because of your use of FanFix, your Content, or your conduct in interacting with other Users, you are responsible to pay for it.
8.3 Release by California Residents . If you are a California resident or could otherwise claim the protections of California laws, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor." You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any laws of any jurisdiction of similar effect with respect to your release of any claims you may have against us or FanFix.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE BOTH PARTIES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
9.1 Governing Law . The laws of the State of New York will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of FanFix shall be brought in state or federal court in the New York County; New York, USA and you consent to the jurisdiction of such courts.
9.2 Mandatory Pre-Arbitration Notice . For any dispute you have with any FanFix Parties, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send us a written Notice of Dispute ("Notice "). A Notice from you to us must be emailed to firstname.lastname@example.org (the "Notice Address "). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the services, including whether you have created an Account; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. After receipt of a completed Notice, the Parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the Parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a Party may commence an arbitration proceeding. Compliance with this "Mandatory Pre-Arbitration Notice" section is a condition precedent to initiating arbitration.
9.3 Arbitration Process . Unless resolved by mutual efforts of both Parties, any disputes or claims that may arise out of or in connection with this Agreement and for which either Party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association ("AAA ") in New York county, New York by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The Parties together understand and agree that the decision in such arbitration shall be final and binding on both Parties, that the prevailing Party shall be entitled to recover its costs and reasonable attorney’s fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either Party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. The Parties waive, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting within or outside the United States of America and (ii) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum.
9.4 CLASS ACTION AND JURY TRIAL WAIVER . YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by laws. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed in Section 13.11 (Contact Us) within 30 days after you have signed or accepted this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.
11.1 Suspension . You acknowledge and agree that we may, under certain circumstances, immediately suspend your access to FanFix or any part thereof, including, without limitation, for the following reasons: (a) your breach or violation of this Agreement or other terms or guidelines referenced in this Agreement; (b) our discontinuance or modification to FanFix; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or I your engagement in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.
11.2 Term and Termination . This Agreement is effective unless and until terminated by us or you. We may, in our sole discretion, terminate your use of FanFix or any part thereof, if you fail to comply with any term of provision of this Agreement. You may terminate this Agreement at any time by discontinuing all use of FanFix. We may also terminate your access to all or part of FanFix, without notice, for any conduct that we, in our sole discretion, believe is disruptive to FanFix (or other Users) or is in violation of any applicable laws or this Agreement. We may not provide you with any notice beforehand when we take any of these actions. We shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing FanFix. To the extent we terminate your access to FanFix due to your breach of this Agreement, a User will receive payment due subject to Section 3.5 (Compliance with Laws). Termination or cancellation of this Agreement shall not affect any right or relief to which either Party may be entitled at law or in equity. Upon termination, you must terminate all use of FanFix and destroy all materials, including any FanFix Content and all copies thereof.
SUMMARY: FanFix is constantly evolving. With the launch of new products and features, we need the flexibility to make changes, update this Agreement, impose limits, and occasionally alter certain aspects of FanFix.
We reserve the right to modify this Agreement at any time, effective upon posting. You can tell when changes have been made to this Agreement by referring to the "Last Updated " legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of this Agreement; (ii) send you an electronic notification advising of the update to this Agreement; or (iii) include a notice on FanFix. We do not ordinarily provide advance notice of a minor change. We encourage you to check this Agreement every time you visit FanFix.
Your continued use of or access to FanFix, and/or utilization of any FanFix Content after this Agreement have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of this Agreement.
SUMMARY: There’s a few more things we need to say before you can use FanFix.
13.1 Consent To Do Business Electronically . We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither Party will prevent or inhibit in any way the other Party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other Party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable laws relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
9800 Wilshire Boulevard, Suite 206
Beverly Hills, CA 90212
Last updated on November 28, 2023
This Service Addendum ("Addendum") forms a part of the Terms of Service between us and Users and governs Users’ access to and use of certain features of FanFix. Capitalized terms not defined below will have the same meaning as provided in the underlying Terms of Service .
14.1 Addendum for Creators
14.1.1 Your Account and Content . To become a Creator, you may simply apply through the FanFix website or app. Eligibility requirements and limitations apply as determined in our sole discretion. If we accept your application, then you’ll be notified that you are a Creator on FanFix. Upon approval of your application to become a Creator, you can register a FanFix User ID and/or Account at no charge and cancel at any time in order to interact with your Fans through direct messaging and/or exclusive Content. Your Account as a Creator starts upon your acceptance of this Agreement at the time of registration. If you cancel or delete the Account, you may do so on your "My Account" page. 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 break, we recommend that you simply stop posting your Content, instead of deleting your Account. As a Creator on FanFix, you can interact with your Fans including
14.1.2 Interact with Your Fans . On FanFix, you can provide your Fans something exciting that gives them unique benefits, like exclusive engagement, early access to content, merchandise, and engaging experiences. In return, you will receive loyal support from your Fans and recurring revenue from the Memberships (as defined below), prepaid Direct Messages (as defined below), and other potential sources (where applicable). Content posted to your Account or sent through messages may include multiple pieces of media. You may choose to add your Content to your "Photo Vault" for easy access.
14.1.3 Memberships . Fans may pay a monthly fee to enroll in and maintain a membership subscription to your account ("Memberships "). We have the sole discretion to set the subscription fees for the Memberships. Creators may request adjustments to their subscription price, and we may choose to accept or reject these requests in our sole discretion. Note that we are not required to allow any particular person or group of persons to be your Fan(s). You may sort Fans with existing Memberships into "Fan Lists" to easily organize and view relevant data.
14.1.4 Direct Messaging . Your Fans may purchase the rights to connect with you via direct messages or other dynamic interactions via FanFix ("Direct Messages "). The minimum price for each Direct Message will be determined by us. Creators may request adjustments to the minimum price of their Direct Messages, and we may choose to accept or reject these requests in our sole discretion. You may choose to send messages to your subscribed fans, including message blasts (sent simultaneously to all subscribers) and planned messages (sent at a specified time in the future).
14.1.5 Locked Content . You may generate and send messages with pre-populated Content that is behind a paywall (each a "Locked Content ") to your Fans who maintain an Account and have subscribed to receive messages from you. You may set approved fees payable by your Fans in exchange for their access to the Locked Content. The minimum price for Locked Content will be determined by us. You may request adjustments to the minimum price for certain Locked Content, and we may choose to accept or reject these requests in our sole discretion.
14.1.6 Payment to Creators . We facilitate the payment process so that you are rewarded for your creative Content available to your Fans. We provide an interactive tool to enable you to manage and share your Content on FanFix, and enable your Fan to pay for direct interactions with you and in certain cases, Locked Contents on an exclusive basis.
Your Fees . On FanFix, Creators receive 80% of all fees earned through FanFix as a result of payment(s) by Fans for Memberships, Direct Messaging, Locked Content, and any other potential sources (where applicable) ("Creator Fees "). We will pay Creators the applicable Creator Fees approximately 30 days after the end of the applicable calendar month or as other payment schedule according to the plan(s) made available to certain Creators by FanFix. We keep the other 20% of every transaction on FanFix (the "FanFix Fee "). The FanFix Fees currently DO NOT include payment processing fees, but FanFix reserves the right to charge payment processing fees in the future. The FanFix Fee does not include any taxes, including, but not limited to income taxes on a Creator’s earnings, which is the sole responsibility of each Creator. For more information, see "Tax " in the Subsection below. Depending on your Fans’ locations, some banks may charge your Fans a foreign transaction fees for their Direct Messages and/or other interactions with Creator(s). FanFix does not control this charge, but it is typically around 3.0%. Please contact your bank for more information regarding the applicable foreign transaction fees.
How We Manage and Process Payments . We also handle payment processing issues such as fraud, chargebacks and resolution of payment disputes. We try to provide you timely access to your payment as described above in Section 14.1.6(i) (Your Fees ), but you may occasionally experience delays in receiving or accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked, we try to communicate the reason to you promptly. If you have questions about a payment that has been blocked, please contact us at hello@FanFix.io. To protect Creators, we may block Fans’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your Account’s balance into the negative. If your balance becomes negative, then we reserve the right to recover those funds from future payments.
Tax : We collect tax identification information, W-9s (and other similar documentation), and report them to applicable tax authorities as legally required. You are required to complete any tax documentation we request and report any income as required by applicable law. All international, federal, state or other tax liabilities (including income taxes) arising from your use of FanFix will be your sole responsibility unless otherwise explicitly noted by us. You agree that we may deduct and withhold from any earned fees any sums, including all tax obligations, required to be withheld and/or paid by us to any governmental authority pursuant to any laws, statutes, ordinances, rules, judgments, or decrees now or hereafter in effect. We have the right to withhold taxes deemed appropriate in our sole discretion or if required, including, but not limited to, making double withholdings for the United States, and Creator’s country of residence.
14.1.7 Promotions . A Creator may use FanFix to promote products, host contests, or organize sweepstakes (collectively, "Promotion "). You are solely responsible for ensuring that each Promotion complies with all applicable laws. This includes setting up the official rules, terms, and eligibility requirements, and complying with marketing and carrier regulations. Some laws in certain jurisdictions require that promotions may only be offered by a registered a 501(c)(3) charity.
Because legal requirements for Promotions can vary by location, you need to engage your own lawyer or other professional advisor to ensure you will not violate any applicable laws. We are not responsible or liable to you in any way if you use FanFix as part of your Promotion.
Your Promotion’s official rules should expressly state that each entrant or participant completely releases FanFix from liability for all claims or disputes based on, related to, or arising from the Promotion. You must make clear through the presentation of your Promotion that your Promotion is in no way sponsored or endorsed by FanFix.
14.2 Addendum for Fans
14.2.1 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 they support using tools supplied by FanFix and engage with a greater FanFix User community through Memberships, and Direct Messages (as outlined below). If you cancel or delete the Account, you may do so on your "My Account" page. 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 break, we recommend that you simply stop using the Account, instead of deletion it.
14.2.2 Memberships . When you enroll in Memberships with a Creator you follow, you will receive a confirmation from FanFix containing the payment terms, FanFix’s cancellation policy, and instructions on how to cancel. Each subscription is charged and automatically renewed monthly. Subscription prices may change at any time. You shall continue to pay the monthly subscription price that was listed at the time of your enrollment, regardless of subsequent pricing changes. You may cancel your monthly Memberships subscription to one or more Creators at any time through your Account settings. The cancellation will go into effect within 15 business days of when you cancel a subscription. You will retain access to a canceled subscription until the end of the then-current subscription term.
Each Creator may set his or her own rate for Direct Messages and Locked Content exclusive to its Fans. A Creator may also reserve the right to adjust their pricing at any time subject to certain minimum price set by us (where applicable). Some fees for Direct Messaging are charged on a pre-paid basis with no refunds.
14.2.4 Direct Messaging . After enrolling in Memberships with a Creator, you may purchase the right to connect with Creators through Direct Messages. Direct messages are charged on a pre-paid basis with no refunds and no guarantees of any kind (even if the Creator does not respond to one or multiple Direct Messages from you). Minimum Direct Message may be subject to change at any time. You will see the pricing details you purchase the "Direct Message". Also, within your Account as a Fan, you may view your billing history.
14.2.5 Locked Content . Creators that you follow may generate and send you messages with Locked Content (as defined in Section 14.1 above). To access the Locked Content, you agree to pay a pre-populated price included in the Locked Content messages. You may lose access to 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.
14.2.6 Payment Processing and Taxes . A Fan’s payments for Memberships, Direct Messages and/or Locked Content, or other exclusive Content are charged and processed by our third-party payment processor. When you provide your payment credential(s) to pay for access to certain Content, you agree that you are permitted to use that payment credential and authorize us (and our third-party payment processor) to charge the full amount to the payment credential(s) you designate for the transaction. You are responsible for all service fees (including payment processing fees), third-party internet access charges, and taxes in connection with your use of FanFix. A Creator may change fees for Direct Messages and Locked Contents at any time. TO THE EXTENT PERMITTED BY LAWS, ANY AND ALL PAYMENTS MADE ON FANFIX ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE.
14.2.7 Payment Processor . You understand and acknowledge that we are not a payment processor and do not collect any donations or payments for product or services purchases directly. We use the services of a third-party payment processor ("Payment Processor "), to process donations or payments for product or services purchased. You acknowledge and agree that the use of a Payment Processor is integral to the services provided through FanFix. The Payment Processor manages the routing and processing of all required information from Fans to process donations and payments for product or services purchases including credit card and other financial information. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other.
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. All payments are final unless otherwise required by law.
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.
14.2.8 Receiving Creator Messages . In addition to Section 5.2 (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 this Agreement.
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 hello@FanFix.io within 72 hours to update or remove your information.
15. Consent to Collect Technical Data
SUMMARY: We use session replay software to record your interactions when you use FanFix and collect certain technical data. The following describes the technical data collected through Session Replay Software and how it may be used. By using FanFix, you are consenting to the collection and use of information using session replay software.