Fanbase

Website terms and conditions for https://fanbase.vip

Last Updated: 18^th June 2024

This page (together with our Privacy and Cookies Policy and Acceptable Use Policy) provides you with information about us and the legal terms and conditions (the “Terms”) on which we provide the Services and facilitate your access to Content (each as defined below) from our website, which is located at https://fanbase.vip (“our site”).

These Terms also govern the ownership and use of any materials, documentation, and intellectual property rights which belong to us or any of our associates (the “Material”).

Please read these Terms carefully and make sure that you understand them. Before you receive the Services or access the Content which is made available via our site, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be allowed to receive the Services or access the Content.

Part 1 – General terms

1. Information about us

We are Fanbase Global Limited, a company registered in England and Wales with company number 15028610 and our registered office at Building 18 Gateway 1000 Whittle Way, Arlington Business Park, Stevenage, Hertfordshire, England, SG1 2FP (“we” or “us”). Our VAT number is GB471135706. We are responsible for operating our site, providing the Services, and facilitating access to Content.

2. Contacting us

The easiest way to contact us is by email.
Our role is to operate our site, provide the Services, and facilitate access to Content (as such terms are defined below) and to manage the relationship between Fans and Creators.
By accepting these Terms, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving communications from us electronically. Electronic communications include, but are not limited to, emails, notifications, alerts, prompts, disclosures, and information fields or other information provided via our site. You agree that any electronic communication made to you by us is sufficient to satisfy any legal requirement that such communication be made to you in writing.

3. Definitions

“Content” means any material which is uploaded to our site by any User (whether a Creator or a Fan), including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“Content Standards” has the meaning given to it clause 11.
“Creator” means a User who has set up their Fanbase account as a Creator account to post Content on our site, which is to be viewed or purchased by other Users, including Fans.
“Fan” means a User who follows a Creator and can view the Creator’s Content.
“Interactive Services” has the meaning given to it in clause 10.3.
“Services” means the platform services which we provide and by which you access and use our site when you provide or access Content as a User.
“User” means any user of our site, whether a Creator or a Fan (“you”).

4. Acceptance and Warranties

These Terms contain important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read them carefully.
By using our site, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use our site.
By using our site, you warrant that:

You are at least 18 years old;
You will provide all other information or verification as we require;
You are permitted by the laws of your jurisdiction to join our site and to view any Material or Content which is available on it and to use any functionality provided by it; and
You are able and willing to make payment (where required) to view Materials or Content which is available on our site that you wish to view.

If you do not meet all these requirements, you must not access or use our site.

5. Accessing our site

We may withdraw or amend our site and any Service, Content, or Material which is provided on it without notice.
We will not be liable if, for any reason, any part of our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts or all of our site to Users.
You are responsible for making all arrangements which are necessary for you to access our site, Content, and Materials.
Access to our site might not be legal by certain persons or in certain countries. We do not warrant that our site, Content, or Materials are accessible or appropriate in your jurisdiction. Otherwise, you access our site on your own initiative and are responsible for complying with local and national laws.

6. Fanbase Account

To access many of our site’s features, you must create a Fanbase account. You must complete the registration process by providing us with accurate information, as prompted by the registration form. You must provide a valid email address, a username, and a password. You must not choose a username that is offensive or that infringes anyone’s trademark or trade name. We may delete or require you to change any username that breaches this clause 6.1.
By creating a Fanbase account, you warrant that:

All account registration and profile information which you provide is truthful, accurate, and not misleading; and
You are creating a Fanbase account for your personal use, and you will not sell, rent, or transfer your account.

You must be a registered User before you can post or appear in Content on or via our site. To become a registered User, you must provide us with a primary form of identification, such as a passport or driving license, so that we can perform verification checks.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of these Terms.
We will not be liable to you for any loss that you might incur because someone else has used your password or account, either with or without your knowledge. You could be held liable for losses which have been incurred by another person or us because of someone else’s use of your password or account.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

7. Prohibited Uses

You shall not use our site:

In any way that breaches any applicable law;
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content;
To harass or stalk any person;
To send, knowingly receive, upload, download, or use any Content that does not comply with the Content Standards;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
To impersonate or attempt to impersonate us, a Fanbase employee, another User, or any other person or entity; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our site, or which, as we decide, may harm Users or us or expose them or us to liability.

You shall not:

Use our site in any way that could disable, overburden, or damage our site or interfere with any other person’s use of our site, including their ability to engage in real-time activities through our site;
Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding our site or any services which are provided through, or concerning, our site;
Interfere with the proper working of our site;
Whether through posting Content or otherwise, introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to our site;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our site, the server on which our site is stored, or any server, computer, or database which is connected to our site; or
Attack our site via a denial-of-service attack or a distributed denial-of-service attack.

You must not use the Interactive Services to arrange face-to-face meetings outside our site or interact with any other User. If you act in breach of this restriction, you do so at your own risk, and we will not be held liable.

8. How we use your personal information

The use of your personal information is subject to our Privacy and Cookies Policy. Please ensure that you have read and understood our Privacy and Cookies Policy before accessing the Services.

We will not use any of your personal information for any purpose other than those contained within our Privacy and Cookies Policy and as set out below.

We will use the personal information you provide to us in order to:

Verify your identity;
Facilitate payments, credits, and refunds for access to Content;
Enhance and improve the quality of the Services that we provide;
Comply with requests as required by law; and/or
For the prevention of fraud and/or other relevant criminal offenses.

We use various identity verification services to check your details, which are checked against multiple sources. By agreeing to these Terms, you are giving us permission to make such checks. If we cannot verify your identity using these checks, we will contact you requesting further evidence of your identity.

9. We may make changes to these Terms or our site

We may amend these Terms from time to time.
Every time you wish to use our site, please check these Terms to ensure that you understand the terms and conditions which apply at that time.
We may revise these Terms from time to time to reflect the following circumstances:

Changes in relevant laws and regulatory requirements; or
Where we, in our absolute discretion, deem it necessary or desirable.

Notwithstanding clause 9.1, if we revise these Terms, we will endeavor (but without obligation) to contact you to advise you of the changes.

10. Content

Our site contains personal webpages or profiles, messaging, timelines, comment sections, and other interactive features (together, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users (together, “post”) Content on or via our site. All Content which you post must comply with the Content Standards, as such standards are set out in our Acceptable Use Policy.

In respect of any Content that you post, you warrant that:

You have the right to post the Content to our site and grant any license in accordance with these Terms;
We will not need to obtain licenses from any third party or pay royalties to any third party for the streaming or other permitted distribution of the Content;
You have obtained appropriate releases and waivers from all persons who appear in the Content;
You have verified the identity and age of all persons who are depicted in your Content to ensure that all persons who are depicted are adults and you can provide supporting documents to us on request;
The Content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
The Content complies with these Terms and all applicable laws.

You acknowledge that you are responsible for any Content that you post, and you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We will not be liable to any person for the content or accuracy of any Content which you post.

We shall use reasonable security measures to protect Content against unauthorized copying and distribution but we do not guarantee that any unauthorized copying, use, or distribution of Content will not occur. We provide such security measures “as is” and we do not give any warranties, guarantees, conditions, or assurances that such security measures will be effective.

We will not be liable to you for any unauthorized copying, use, or distribution of your Content by third parties, and to the greatest extent allowed by law, you hereby release all claims you might have against us for any such unauthorized copying or use of the Content.

11. Content Standards

You shall comply with the Contents Standards, as set out in our Acceptable Use Policy.

12. Linking

Links to third party websites on our site are provided solely for your convenience. If you use such links, you leave our site. We have not reviewed these third party websites and do not control and are not responsible for them or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results which may be obtained from using them. If you decide to access any of the third party websites which are linked to our site, you do so entirely at your own risk.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site, other than as set out above, please contact us at [email protected].

13. Monitoring and Unacceptable Use

We reserve the right to deny you access to our site, or terminate the provision of the Service or access to Content, including removal of your account and information, immediately upon notice, where we determine that you have materially breached these Terms, including but not limited to the Content Standards, the terms of our Acceptable Use Policy or have behaved in an inappropriate manner towards us, another User, or any employee or agent of ours, including using foul language, threatening, inappropriate, abusive, or offensive behavior or remarks.
We may:

Remove or refuse to post any Content for any or no reason;
Take any action concerning any Content that we consider is necessary or appropriate, including if we consider that your Content is illegal or otherwise breaches the Content Standards or these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any User or the public, or could create liability for us;
Disclose your identity or other information about you if required by law or court order to anyone who claims that Content which has been posted by you breaches their rights, including their intellectual property rights or their right to privacy or publicity;
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of our site, including posting illegal or unauthorized Content; or
Terminate or suspend your Fanbase account or access to our site in our sole discretion, including breach of the Content Standards or these Terms or engaging in any activity that is illegal or fraudulent.

If we suspend access to or remove any of your Content, we will notify you by email or electronic message to your Fanbase account, but we are not required to give you prior notice of such removal.
If we decide to suspend access to your Fanbase account and your access to our site, we will notify you by email or electronic message to your Fanbase account. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended, and we may withhold payments due to you but not yet paid if you are a Creator.
We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any Content on or via our site. You shall indemnify us, our affiliates, licensees, and service providers against any claims resulting from any action which is taken during, or taken because of, investigations by either us or law enforcement authorities.
If we determine that any Content that has been posted is illegal or otherwise breaches the Content Standards, these Terms, or applicable law, we will promptly block and remove such Content. We shall not be liable for any action or inaction regarding transmissions, communications, or Content which is provided by any User or third party.

14. We may suspend or withdraw our site

Our site is made available to you free of charge.
We do not guarantee that our site or any Material or Content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business and/or operational reasons. We will try to give you reasonable notice of any such suspension, withdrawal, or restriction.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions.

15. Payment

Payment can be made by electronic bank transfer, debit or credit card, Apple Pay, PayPal, Klarna, or Google Pay.
You are responsible for providing valid payment details. We reserve the right not to provide Services to you or deny you access to Content if your payment details have expired or are invalid. In such cases, we will attempt to contact you to request that you provide updated payment information.
Payments are provided on a ‘continuous authority’ basis, allowing for further payments or refunds to your payment card if necessary.
To ensure that your chosen payment method is not being used without your consent, we will validate name, address, and other personal information supplied by you against appropriate third-party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information that you have provided when you register with our site may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with current and applicable data protection legislation.
Our site is a marketplace that allows Fans to access Content which is provided by Creators. All transactions and interactions that we facilitate via our site are contracts that are made between a Fan and a Creator and are governed by Part 2 of these Terms. Although we facilitate transactions and interactions between Fans and Creators by providing our site, storing Content, and acting as a payment intermediary, you acknowledge that when we collect the Creator’s fee as part of a Fan Fee, we act as agent for and on behalf of the Creator, and not as principal.
Creators are solely responsible for determining the fees that are applicable to transactions and the Content to which a Fan may access or purchase.
Prices may change at any time, and we do not offer price protection or refunds for any later price reduction or promotional offering. You are responsible for checking the price before making payment.
Pricing excludes any taxes, currency conversion, and currency transmission charges, which are extra costs charged to you.
We are not responsible for paying any charges or fees which are imposed by your payment card provider or bank.
All taxes, charges, levies, assessments, and other fees of any kind imposed on the fees received by a Creator shall be the responsibility of, and for the account of, the Creator.
If you provide details for two or more payment methods in your Fanbase account and try to make a payment from the first method and that method is unsuccessful for any reason, then the other payment method(s) will be used to collect the full payment.
Our site permits Creators to post Content that can only be accessed after paying a specified amount. Creators determine the amount to charge for Content.
By purchasing Content, you acknowledge that:

We are not the creator or source of such Content;
The Creator who posts such Content is solely responsible for any claims or liabilities arising out of such Content;
You purchase and use Content solely at your own risk;
We have no responsibility for viewing or screening any Content other than to ensure that the Content is not illegal and does not otherwise breach the Content Standards or these Terms; and
You hereby release us, our affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and advisers from all claims and liabilities which arise out of such Content.

All sales and transactions are final. Payments are non-refundable and earned on receipt.
If you are unhappy with a transaction that you have entered into with a Creator, please inform the Creator.
If there is a technical error on our site, we will work with you to resolve it.
We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe that is the case, please email us at [email protected] and explain the circumstances which you believe merits a refund. We do not promise that we will offer you a refund.
If we issue a refund at our sole discretion, we will issue that refund in the form of a credit to the payment method which you used for your payment. We will not make refunds in the form of cash or free services.
The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance.
If a Creator terminates your access to their account because you have threatened, harassed, bullied, or stalked that Creator through our site, you will not receive a refund or any credit.
You must not make unjustified chargeback requests of your payment card provider for any transaction between you and a Creator. Chargebacks are initiated when an individual contacts their financial institutions to dispute a transaction. To protect Creators, we will review excessive and potentially fraudulent chargebacks and may prohibit you from making additional purchases during that review. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend or remove your account or any future account you create.
If you believe that we have charged you in error, you must notify us in writing no later than 30 (thirty) days after receiving the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this 30 (thirty) day period, you waive any disputed charges. You must submit any billing disputes to us by email at [email protected]. Please include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments. If we consider that any billing dispute made by you was made in bad faith, we have the right to suspend or terminate your Fanbase account.

16. Our liability to you

YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with any Service that we provide.
Subject to clause 16.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of any Service shall be limited to the amount paid by you in respect of such Service.
We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that our site or any notification sent by us to you will be free of viruses or other harmful components.

We do not make any warranty:

That our site, or any part of it, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
That we will host, make available, or remove any specific piece of Content;
Concerning any Content which has been submitted by or the actions of any User;
That we will continue to support any particular feature or our site will be compatible with any third-party software or device; or
Concerning any third-party websites and resources.

We do not accept any liability or responsibility for the actions or omissions of any third party.

17. Indemnity

You agree to indemnify and hold us harmless, our contractors, and our licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our site, including but not limited to your violation of these Terms.

18. Intellectual Property

Our Materials

Any Materials which are used by us on our site are subject to protection by copyright, trademarks, database rights, and other intellectual property rights and are our sole and exclusive property.

We hereby grant to you a single, limited, personal, non-transferable, non-sublicensable, non-exclusive license to access and use our site and the Materials for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Materials.

You agree that you shall not interfere with any copyright or proprietary notices on our site.

You acknowledge that you shall not at any time acquire any rights in the copyright or any other intellectual property rights in any Materials, content, or any other documents or items provided via our site.

You shall be entitled to use Materials for your own personal use and in connection with receiving the Services from us but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make such Materials available through a file-sharing network or facilitate or allow any other person to do the same.

If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of these Terms, your right to use our site will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made.

No interest in our site or any Materials is transferred to you, and we reserve all rights not expressly granted. Any use of our site which is not expressly permitted by these Terms is a breach of these Terms and may breach copyright, trademark, and other applicable laws.

Content

As between you and us, you own all intellectual property rights in the Content that you submit to our site.

You grant to us a perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to:

Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (including for promoting and redistributing any part of our site (and derivative works of it)) in any form, format, media, or media channels now known or afterwards developed or discovered; and
Use the name, identity, likeness, and voice that you submit with such Content.

You hereby waive any moral rights that you might have in such Content.

If you believe that any Content infringes your copyright, please contact us at [email protected].

Trademarks

FANBASE™ is a trademark of Fanbase Global Limited.

19. Disputes

Any dispute or claim arising under these Terms must be notified to us in writing within 14 (fourteen) days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. Any failure by you to give written notice within such time limit will prevent you from making such a claim.

In the event that a dispute arises in connection with any provision contained within these Terms, we and you each agree to seek resolution of the dispute.

20. Other important terms

Force Majeure: Neither you nor us shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of your or our obligations under these Terms if such delay or failure results from an event, circumstance, or cause beyond your or our reasonable control, as the case may be.

Entire agreement: These Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.

Third-party rights: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Severance: Each clause of these Terms operates separately. If any court or relevant authority decides that any clause or sub-clause is unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

No waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Assignment: You may not at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights and obligations under these Terms.

Governing law and jurisdiction: These Terms are governed by the laws of England. This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law. By accepting these Terms, you irrevocably agree that the courts of England will have exclusive jurisdiction.

21. Comments or complaints

If you wish to make a comment or complaint about our site, please contact us in the first instance so that we may consider your comment or seek to resolve your complaint, as the case may be.

By email: [email protected]; or
By phone: [email protected].

Part 2 – Specific terms between a Fan and a Creator in relation to each Transaction

The terms set out below are additionally applicable as between a Fan and a Creator insofar as they relate to a transaction which is entered into between a Fan and a Creator which is facilitated via our site, and for which we, acting in the capacity as agent, collect the Fan Fee via our site.

Unless otherwise stated, defined terms that are used in Part 2 of these Terms shall have the meanings set out in Part 1 of these Terms.

1. Definitions

“Fan Fee” means the sum which is payable by a Fan pursuant to any Transaction, which we shall collect as an agent acting on behalf of the Creator.
“Platform Fee” means the sum which is payable by the Fan to us for the provision of the Services including managing the online platform and facilitating access to Content via our site.
“Tax” means all forms of tax including value-added tax wherever chargeable.
“Transaction” means any financial transaction between a Fan and a Creator which is facilitated via our site by which access is granted to the Creator’s Content.

2. Applicability

Each time a Transaction is entered into via our site, Part 2 of these Terms will apply to the exclusion of any other terms that the Fan or Creator may seek to introduce, and these Terms shall legally bind each of the Fan and Creator who is participating in such Transaction.

3. Parties

The only parties to a Transaction are the relevant Fan and Creator. We are not a party to a Transaction, and we are not granted any rights pursuant to any Transaction, except for acting as an agent for the Creator in respect of the collection of the Fan Fee.

4. Pricing and Payment

By entering into a Transaction, the Fan shall pay:

The Fan Fee, which we shall collect as agent for and on behalf of the Creator;
The Platform Fee, which we shall collect as principal; and
Any applicable Tax.

5. Content Licence

Once the Fan has paid the Fan Fee for a Transaction, the Creator grants the Fan a non-transferable, non-sub-licensable, and non-exclusive license to access and view such Content.

6. Content Ownership

The Fan acknowledges that the Content license provided in paragraph 5 above does not result in the Fan acquiring any rights in or to such Content, which rights will be retained by the Creator of such Content.

7. Licence Termination

The Content license provided in paragraph 5 will terminate automatically without notice in the following circumstances:

If the Fan Fee related to the Transaction was unsuccessful or is charged back or reversed for any reason;
As to pay-per-view Content, once the Fan has finished viewing the Content;
If the Fan’s User account is suspended or terminated for any reason;
If the Fan breaches these Terms;
If the Content is removed from the Creator’s account; or
If the Fan closes their Fanbase User account.

8. Cancellation and Refunds

As to every Transaction:

The Fan acknowledges that the Transaction will result in a supply of the Content to the Fan before the end of the statutory cooling-off period of 14 (fourteen) days from the date when the Transaction is entered into, and the Fan acknowledges that he/she is aware that any statutory right to cancel the Transaction that the Fan has under the law will therefore be lost; and
These Terms do not affect any statutory right to receive a refund from the Creator that a Fan may have under applicable law.

9. Creator and Fan Obligations

As to every Transaction:

The Fan and the Creator shall comply at all times with Part 1 of these Terms;
The Fan shall pay the Fan Fee which is required to access, view, or interact with the Content, and shall not initiate a chargeback other than if the Fan disputes the Transaction in good faith;
The Creator shall make Content available to the Fan once the Fan has paid the Fan Fee;
The Creator confirms that it possesses all necessary rights in and to the Content to enable it to license it to the Fan in the territory in which the Fan will be accessing or viewing it and has obtained all permissions and consents which are needed to grant the Content license provided in paragraph 5;
The Creator is solely responsible for creating and uploading Content. The Creator provides no guarantees that it will continue to create and upload Content on an ongoing basis; and
Unless there has been negligence or other breach of duty by the Creator, the Fan’s access to the Creator’s Content is entirely at the Fan’s own risk.

10. No Guarantees

The Fan acknowledges that a Creator may add and/or remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Fan acknowledges that there might be circumstances where it is not possible for the Fan to access the Content to be provided pursuant to a Transaction, including:

If the Creator’s account is suspended or deleted;
If the Fan’s account is suspended or deleted;
If the availability of all or any part of our site is suspended or inaccessible; or
If the Creator is unable to create or upload Content in the future.