1. Introduction. These Standard Terms and Conditions (these “Terms” or these “Standard Terms and Conditions”) contained herein on this webpage shall govern your use of this website and associated apps, including all pages within this website and all pages within any app produced by FanFixApp, Inc. (collectively referred to herein below as this “Service”). These Terms apply in full force and effect to your use of this Service and by using this Service, you expressly accept all terms and conditions contained herein in full. You must not use this Service, if you have any objection to any of these Service Standard Terms and Conditions. By using the Service, you agree to share your legal name with the Service for legal purposes on any payment methods you use to transact on the Service.
2. Intellectual Property Rights. Other than user-generated content (see clause 3), under these Terms, FanFixApp, Inc. (“Fanfix”) and/or its licensors own all rights to the intellectual property and material contained in this Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Service.
3. Your Content. “User Content” shall mean any audio, video, text, images or other material you choose to display on this Service. With respect to User Content, by displaying it, you grant Fanfix a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
3.1 By creating and publishing User Content on Fanfix, you authorize users to access and view (without downloading or copying) your User Content on Fanfix for their own lawful and personal use. You also represent, warrant and undertake that for each submission: (1) you own, have a valid license to, or otherwise control all rights in and to your User Content and (2) to the extent your User Content includes or uses any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content. You must be at least 13 years old to register for an account. You are responsible for your account. When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 13 years old. To join a creator’s membership as a subscriber, or provide a membership as a creator, you must be at least 18 years old or have your parent’s permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us
immediately if you believe your account is compromised.
3.2 Leaked content. Fanfix will take disciplinary action against any users who maliciously or unintentionally leak any other user's "exclusive content" (defined as 1. any content sent by another user within a private message, or 2. any content that a user posts on their own private, subscriber-only feed). Leak is defined as any intentional or unintentional posting and spreading of exclusive content to any platform or medium, including within Fanfix on public feeds or other fan communities. For every individual leak (one piece of content such as one image or one video) identified and confirmed by Fanfix's digital watermarks, Fanfix reserves the right to charge the violator up to $20,000 in fines as reparation to the user whose content was leaked.
3.3 Copyright Disputes and DMCA Takedowns. In the case that a copyright violation occurs and is hosted on the Fanfix platform, the copyright owner should contact Fanfix's agent to receive notification of infringement, at email@example.com. The format for requesting such a claim can be found at https://www.copyright.gov/dmca-directory/. Once the claim is validated, Fanfix will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity. Fanfix itself will be subject to DMCA's infringement safe harbor regulations for online service providers. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
4. Acceptable Use. Fanfix requires that all users respect and comply with the Terms below, at all times, when using this Service.
4.1 Certain areas of this Service are restricted from access by you and Fanfix may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality of such information. You may not: (1) use Fanfix other than for your own lawful and personal use in accordance with these Terms; (2) impersonate Fanfix, a Fanfix employee, another user, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and Fanfix and/or any other person or entity; (3) falsify account registration information, or make unauthorized use of another's information or content; (4) use Fanfix in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; (5) copy, reproduce, distribute, sell, commercialize, sublicense, modify, or create derivative works from, any portion of this Service or any content on this Service without Fanfix’s express written permission; (6) use Fanfix for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (7) publish any Service material in any media; (8) publicly perform and/or show any Service material; (9) use this Service to engage in any advertising or marketing; (10) use this Service in any way that is, or may be, damaging to this Service; (11) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service, or while using this Service or (12) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Fanfix, may harm Fanfix or users of the Service or expose them to liability.
4.2 You shall not create, upload, post, display, publish or distribute User Content that: (1) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions; (2) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right; (3) promotes or advertises firearms or other weapons, drugs, or drug paraphernalia; (4) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (5) is pornographic and/or other obscene in nature (including literature, imagery and other media) or depicts nudity or explicit sexual acts on any part of the website or app; (6) involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; (7) gives the impression that it emanates from or is endorsed by Fanfix or any other person or entity, if this is not the case; (8) solicits other users for any paid services including solicitating for subscriptions, or content that can be perceived as spam.
4.3 You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any content on this Service that you do not own.
4.4 You shall not use this Service for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes.
4.5 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Service or any server, network or system associated with Fanfix, or to extract, collect, harvest or gather content or information from Fanfix.
4.6 You shall not make any other use of this Service that violates these Terms or any applicable law.
5. Payment. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. Fanfix uses the 3rd party payment platform Stripe and by using this Service and agreeing to Fanfix’s Terms of Service, you also agree to be bound by Stripe’s Terms of Service. You expressly understand and agree that Fanfix shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Fanfix shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Fanfix is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Fanfix account.
6. Disclaimer; Limitations of Liability. By using this Service, you acknowledge and agree as follows:
6.1 YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Fanfix AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, OR NON-INFRINGEMENT. Fanfix ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THIS SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF Fanfix’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SERVICE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OF, OR INFORMATION PROVIDED BY (INCLUDING CONTENT), OUR USERS OR OTHER THIRD PARTIES.
6.2 IN NO EVENT SHALL Fanfix, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF Fanfix’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE THIS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS AND/OR THIS SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Indemnification. You hereby agree to indemnify to the fullest extent Fanfix from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to any of the following: (1) your use of this Service or any of its features; (2) User Content created, published, or otherwise made available on Fanfix by you; (3) any transaction or interaction between you and any other user of Fanfix; and/or (4) your breach of any of the provisions of these Terms.
8. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms. Fanfix is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Service.
10. No Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Assignment. Fanfix shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between Fanfix and you in relation to your use of this Service, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.