Terms & Condition

This Site Terms of Service Agreement (“Terms”) governs your use of the FanClub platform offered by FanClub LLC, doing business as FanClub (“we”, “us”, or “FanClub”), including our website (myfanclub.app), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site.

These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy and Community Guidelines . Your use of our Site as a Verified User (defined below) is governed by the Verified User Terms of Service . (“Verified User Terms”).Please read these terms carefully. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

ARBITRATION NOTICE: Section 17 of these Terms contains provisions governing how claims that you and FanClub have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and FanClub to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 17 : (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

Table of Contents

1. FanClub Platform

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username, password, and mobile phone number. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

2. Acknowledgement

You acknowledge and agree that:

  1. FanClub will not be liable or responsible for any FanClub video chat or other offering requested by you or any Submission (defined below) you make;
  2. you have no expectation of privacy with respect to any FanClub video chat requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
  3. the FanClub watermark on each FanClub video chat must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any FanClub video chat or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a FanClub video chat or assist or encourage any third party to do so;
  4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any FanClub video chat, or other offering under these Terms, terminates and you must: promptly remove all copies of any FanClub video chat, or other offering, in your possession or control, including from any social media platform; notify any Fan of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Fan; and
  5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Verified User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in FanClub’s sole discretion, including terminating your license to use any FanClub video chat or other offering under these Terms and requiring you to take the actions outlined in Section 4.d.‍

3. Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

4. Eligibility

  1. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site.
  2. Eligibility Representations and Warranties: You represent and warrant that:
    1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
    2. you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
    3. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    4. you are not a convicted sex offender.
  3. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by FanClub are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer FanClub products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

5. Fees and Payment

  1. Fees: The fee for a FanClub video chat or other offering is specified on the Verified User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
  2. Currency: Transactions are settled in FanClub Tokens (“CLUB Tokens”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in CLUB Tokens.
  3. Payment: You may request a service from a User on FanClub by using a valid payment card through the applicable third party payment provider to purchase FanClub Tokens (for App for iOS, Stripe; for our website and App for Android, the payment provider we select). You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that FanClub does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a FanClub video chat, Paid DMs, tips, and other services through FanClub and no refunds will be issued.
    1. App for iOS: If a Verified User rejects your request for a FanClub video chat or the FanClub video chat is not provided, your FanClub account will be issued a credit (CLUB Token only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App for iOS. If, when you make a purchase while logged into your FanClub account on the App for iOS, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, FanClub reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by FanClub and are subject to change at any time.
    2. Website and App for Android: By providing your payment information, you agree that FanClub may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
    3. In addition, if the FanClub video chat or other offering permits, you may choose to designate an additional amount as a “tip”. You acknowledge that FanClub does not mandate any such tip or gratuity; however, if you do choose to do so. You agree to pay any amount you authorize as a tip; a tip is not refundable.
  4. FanClub reserves the right (but is under no obligation) to cancel your request for any FanClub video chat or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. FanClub also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
  5. Portion of Payment to Verified User: Any payment for a FanClub video chat or any other offering, feature, or service on our Site, such as a tip, will be sent to the Verified User’s wallet as provided for in Section 4.b of the Verified User Terms of Service.
  6. Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at support@goFanClub.com. We have the sole discretion to determine how billing disputes between us will be resolved.
  7. Taxes: If your purchase obligates FanClub to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, FanClub will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to FanClub, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify FanClub for any liability or expense FanClub may incur in connection with the payment of Sales Taxes on your purchases. At FanClub’s request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from FanClub (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).

6. Ownership

  1. You acknowledge and agree that each FanClub video chat or other offering from a Verified User is owned by the Verified User who created it.
  2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “FanClub Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, FanClub Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the FanClub Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
  3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, audio, or otherwise) that you make or send to any Verified User, including information concerning any Fan; and (ii) any submission that you make to FanClub, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any User do not wish to be disclosed. FanClub will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, another User, or a third party.
  4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
  5. FanClub desires to avoid the possibility of future misunderstandings if a project developed by any FanClub Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that FanClub has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to FanClub a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  6. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.

7. Copyright and Intellectual Property Policy

  1. Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
    1. your address, telephone number, and email address;
    2. a description of the work that you claim is being infringed;
    3. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
    4. a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
    5. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
    6. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

      Copyright Agent:

      FanClub LLC d/b/a FanClub
      4727 Winchester Avenue,
      Lisle, IL 60532
      support@goFanClub.com

      ‍If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

  2. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy .

9. Third Party Content and Interactions

  1. Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of FanClub, including FanClub video chats, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of FanClub video chats and other offerings that allow interactions with third parties, including between Users, on FanClub are the sole responsibility of the people involved in those interactions. FanClub is not responsible for the content of the interactions you may have with third parties through FanClub video chats or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Verified User except as expressly permitted through our Site. You also agree that FanClub may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with FanClub if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each FanClub Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".
  2. From time to time, an entity may be identified on a Verified User’s booking page or be associated with the Verified User elsewhere on our Site as a charitable organization or a Fan of funds that are being raised (“Charity”). For example, the Verified User’s booking page may indicate that all or a portion of the Verified User’s revenue from a FanClub video chat will be given to the Charity. Those arrangements are strictly between the Verified User and the Charity. FanClub is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by FanClub). Unless expressly stated, FanClub does not control and makes no warranties about the Charity or any donation to the Charity.

10. Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

11. Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

12. Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the FanClub team at support@goFanClub.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

13. Indemnification

You agree to indemnify, defend, and hold harmless FanClub and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “FanClub Party,” and collectively, “FanClub Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. FanClub may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

14. Disclaimers and Limitations on our Liability

  1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the FanClub Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
  2. In particular, the FanClub Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the FanClub Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site
  3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any FanClub video chat, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a FanClub video chat, will create any warranty not expressly made by us.
  4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that FanClub is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any FanClub Party with respect thereto.
  5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any FanClub Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not FanClub has been advised of the possibility of such damages.
  6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by FanClub from you during the 12 months preceding the claim giving rise to such liability.
  7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
  8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between FanClub and you.

15. Arbitration Agreement and Waiver of Certain Rights

  1. Arbitration: You and FanClub agree to resolve any disputes between you and FanClub through binding and final arbitration instead of through court proceedings. You and FanClub each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and FanClub relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
  2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FanClub will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate
  3. No Preclusions: This arbitration agreement does not preclude you or FanClub from seeking action by federal, state, or local government agencies. You and FanClub each also have the right to bring any qualifying Claim in small claims court. In addition, you and FanClub each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
  4. No Class Representative or Private Attorney General: You and FanClub each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or FanClub). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
  5. Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with FanClub.
  6. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: FanClub LLC dba FanClub, 4727 Winchester Avenue, Lisle, IL 60532. Your notice must include your name and address, any usernames, mobile phone number, each email address you have used to submit your FanClub video chat requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  7. LIMITATIONS: This Section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or FanClub would have in court may not be available in arbitration.

16. Other Provisions

  1. Force Majeure: Under no circumstances will any FanClub Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any FanClub Party.
  2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
  3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
  4. No Waiver or Amendment: The failure by FanClub to enforce any right or provision of these Terms will not prevent FanClub from enforcing such right or provision in the future and will not be deemed to modify these Terms.
  5. Assignment: FanClub may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
  6. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

17. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

Additional Site Terms

PLEASE READ THE FOLLOWING CAREFULLY. By using the product or service, you agree to the applicable additional terms that apply (which are Additional Terms as described in Section 5 of the Site Terms of Service (“Site Terms”)). These Additional Terms will be governed by, and are incorporated into, the Site Terms. Terms that are defined in the Site Terms will have the same meaning in these Additional Terms.

From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By using or continuing to use this product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.

FanClub Follows and Subscriptions

1. Following other Users

You may follow other User’s profile page including Verified User’s or Brand’s profile page on our website or App; currently, you must download and use the App to participate.

  1. When you Follow a User:
    1. You may view messages and other content that the User posts in their Follower Feed, view content from other Users in the Follower Feed; and reply to, react, or “like” such content (each such message, reply, like, or other content, whether from you or another author, is a “Message”).
    2. You may receive notifications about the User and about Messages or other activity in the User’s Follower Feed;
    3. Your user profile page will be publicly displayed as Following the User.
    4. Following is free, but you may also subscribe to any available Paid Features (described in 2).
  2. You may stop Following a User for any reason at any time:
    1. In the App, from the Verified User’s Follower Feed, select the “Unfollow” button; or
    2. By email, contact support@goFanClub.com and provide your username, the email address associated with your account, and the name of the User.

Unfollowing will not cancel any subscription to a Paid Feature.

2. Paid Features

A Verified User may offer Followers the opportunity to subscribe for exclusive paid Content which may also include the ability to use Paid DMs.

  1. Payment. You may subscribe to a Paid Feature for the price displayed on the Site. By subscribing, you agree to pay all amounts due in accordance with the payment terms in effect at that time. Your payment method will be charged at the time you subscribe to each Paid Feature, and monthly thereafter.
  2. Renewal. Your subscription to each Paid Feature will automatically renew at the end of the applicable subscription period and you will be charged a subscription fee for each renewal automatically on a monthly recurring basis. Subscription fees are non-refundable, including for any partial subscription periods
  3. Cancellation. You may cancel your subscription to any Paid Feature for any reason at any time.
    1. In the App, in the Verified User’s Follower Feed, select the “Unsubscribe” button; or
    2. By email, contact support@goFanClub.com, and provide your username, the email address associated with your account, and the name of the Verified User and the Paid Feature. You must contact us to cancel at least one day before the then-current subscription period ends to avoid being charged again.

Deleting the App from your device will not cancel your subscription to a Paid Feature.

3. Acknowledgement

You acknowledge and agree that:

  1. when you Follow a User, your FanClub profile, username, and Messages will be publicly associated with the User’s Follower Feed. When you subscribe to a Paid Feature, your FanClub profile, username, and Messages may be visible to all other subscribers. Such information will not be private and you will not share or disclose any personal, private, or sensitive information relating to you or a third party;
  2. You hereby grant to each other User (subject to such User’s payment in full) and to the User the following limited rights to use your Messages solely for their own personal, non-commercial, and non-promotional purposes, subject to these Additional Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display those Messages only on social media platforms and personal websites; in text and email messages; and in other personal storage media; and (subject to your payment in full) you may use Messages created by other Users and the Verified User in the same manner; in addition, you hereby grant to the Verified User the right to use your Messages to promote their participation on our Site;
  3. each Message you create is a Submission under the Site Terms ;
  4. each Message is subject to the Acceptable Use Policy / Community Guidelines ;
  5. if you believe that a User, Verified User, Brand, or Follower Feed activity has violated the Acceptable Use Policy / Community Guidelines you may notify FanClub in writing at support@goFanClub.com or report Messages by a long-press in the App;
  6. FanClub may monitor any Follower Feed activity and Messages, and FanClub retains the right, in its sole discretion, to cancel any User’s Follower Feed membership or access to any Paid Feature; and
  7. FanClub will not be responsible or liable for any Submission (including any Message from a User) or any Verified User Content (including any Message from a Verified User).

FanClub Video Chats

1. FanClub Video Chats

A Verified User may offer you the opportunity to participate in a FanClub video chat conducted in real-time (each, a “Video Chat”) using the App.

  1. The details of a Video Chat will be specified on the Booking page on the App, including:
    1. the exact time and date of the start of the Video Chat;
    2. any limits on the number of or criteria for you and other individuals included by you who can participate in the Video Chat (collectively, “Participants”), for example, a maximum number of Participants per Video Chat;
    3. any participation criteria;
    4. approximate duration;
    5. any booking fee; and
    6. any other conditions, limitations, restrictions, or information.
  2. You will inform other Participants of these Additional Terms as they will be subject to these Additional Terms as Participants.
  3. You acknowledge that the Verified User has the sole discretion whether or not to participate in a Video Chat.
  4. You acknowledge that each Video Chat is subject to change in the date or details, or cancellation, in FanClub’s sole discretion.
  5. You may not cancel, reschedule, substitute, or exchange a Video Chat after booking.
  6. You may end your participation in a Video Chat at any time. FanClub or the Verified User may end a Video Chat at any time. If a Video Chat is ended due to another’s violation of the Acceptable Use Policy Community Guidelines , you will promptly notify FanClub in writing at support@FanClub.com.
  7. FanClub works with a third party technology partner, Zoom Meetings. to enable Video Chats. By booking a Video Chat, you acknowledge and agree to (and you will notify other Participants of) its privacy policy (available at: https://blog.zoom.us/updated-zoom-privacy-statement/ ) and any other of its terms applicable to Video Chats. You will use any other communication, scheduling, or other platform, software, or app designated by FanClub for Video Chats and will comply with any applicable terms and privacy policies.11

2.Payment

  1. You may book a Video Chat by paying in full using FanClub Tokens paid for with a valid payment card through the applicable third party payment provider we select as set forth in the Site Terms.
  2. Your payment card will be charged at the time of booking the Video Chat and is not refundable (unless the Video Chat does not take place because it was canceled by FanClub or the Verified User).

3.Acknowledgement

You acknowledge and agree, and will notify other Participants, that:

  1. FanClub may take a photo of you, other Participants and the Verified User during a Video Chat (“Video Chat Screenshot”), which will be made available to you at the end of that Video Chat;
  2. any submission made by you or other Participants in connection with the Video Chat (including any chat, comment, audio, image, video, idea, intellectual property, publicity rights, Feedback, review, Video Chat Photo and any other photo, email, text, post, element, or other communication) is a Submission under the Site Terms;
  3. Submissions will not be private and you and other Participants should not share or disclose any personal, private, or sensitive information relating to you or a third party;
  4. you may not record a Video Chat in any way;
  5. you and other Participants may use the Video Chat Screenshot solely for your and other Participant’s own personal, non-commercial, and non-promotional purposes. Any such use is (subject to these Additional Terms): a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display your Video Chat Screenshot only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
  6. in addition to the Site Terms, each Submission is subject to the Acceptable Use Policy / Community Guidelines and may not, among other things:
    1. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; or
    2. communicate anything that is, or that incites, promotes, facilitates or encourages action that is, explicitly or implicitly: offensive, dangerous, gratuitously violent, defamatory, illegal (including illegal gambling, games of chance, sweepstakes, or contests), a violation of law or the rights of any third party, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
  7. you and other Participants grant to the Verified User the following limited rights to use the Video Chat Screenshot solely for their own personal, non-commercial, and non-promotional purposes (subject to these Additional Terms): a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display your Video Chat Screenshot only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
  8. in addition to the rights you grant under the Site Terms, in connection with each Video Chat you and other Participants grant to FanClub:
    1. an exclusive (including exclusive as to you, but excluding the license granted to any platform or media as set out below), royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised to use, publish, reproduce, record, modify, edit, and display your name, image, voice, appearance, performance, likeness, and Submission, including in or in connection with advertising, marketing, promoting, republishing, rebroadcasting, and re-airing the Video Chat and the Video Chat Screenshot;
    2. access to any platform or media on which your Submission is stored, performed, recorded, republished, rebroadcast, re-aired, or displayed any rights necessary or required by the platform or media in order to store, perform, record, republish, rebroadcast, re-air, or display your Submission; and
    3. the right to record the Video Chat and Video Chat Screenshot and to edit or modify them and your Submission (for example, add music or captions, capture screenshot or excerpts, or otherwise). The recordings and your Submission (for example, an edited or modified version thereof) may be included in a compilation with content from or featuring others;
  9. if you believe that another Participant, Verified User or a Video Chat activity has violated the Acceptable Use Policy / Community Guidelines , you will promptly notify FanClub in writing at support@goFanClub.com;
  10. FanClub may monitor any Video Chat, and FanClub retains the right, in its sole discretion, to cancel any Video Chat or block any User; and
  11. FanClub will not be responsible or liable for any Submission or Verified User Content (including from another Participant or Verified User).

4.Indemnification

In addition to the indemnification in Section 15 of the Site Terms, you also agree to indemnify, defend, and hold harmless the FanClub Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) the Video Chat; (b) the Video Chat Screenshot; (c) other Participants; (d) these Additional Terms; or (e) use of our Site.

FanClub Paid DMs

1. FanClub Paid DMs

A Verified User may offer you the opportunity to send a paid direct message to that Verified User as permitted through the FanClub Paid DM feature in the App (if the feature is available), as indicated on the Verified User’s profile page.

  1. You may send: a User-created message (for example, a message of up to a specified number of characters, a video file of up to specified size, etc.) (each such message, and any response sent through the FanClub Direct feature, a “Message”); or
  2. After you send a Message, the Verified User may, but has no obligation to, respond. In addition, the Verified User may close out the thread at any time.
  3. To send another Message or Sticker, you must pay the applicable price.
  4. You may not return or exchange a purchased Message and no refunds will be issued.

2. Fees and Payment

If a Verified User offers the FanClub Paid DMs feature, the price for each Message is displayed on the Verified User’s profile page and on the purchase button in the App when you send the Message. You agree to pay all amounts due in accordance with the payment terms in effect at that time.

You acknowledge and agree that:

  1. each Message you create is a Submission under the Site Terms;
  2. each Message (whether created by you or the Verified User) is subject to the Acceptable Use Policy / Community Guidelines ;
  3. each Message from a Verified User is owned by the Verified User who created it, and subject to your payment in full, you have the right to use it solely for your own personal, non-commercial, and non-promotional use subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Message, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised; and
  4. FanClub will not be liable or responsible for any Submission (including any Message or Sticker you send) or any Verified User Content (including any Message from the Verified User).

FanClub Customer Referral Program

These Additional Terms (which are Additional Terms as described in Section 5 of the Site Terms of Service (“Site Terms”) govern your use of the Customer Referral Program (defined below). “You” and “User” refers to you as a user of the Site and of the Customer Referral Program.

  1. We provide each User who has created a Site account with a unique referral URL (“URL”) that enables the user to receive a six digit code (“Invite Code”) that may be shared with the User’s friends, family members, or other personal contacts and used by them when they create a User Site account for the first time, pursuant to the terms set out below (“Customer Referral Program”).
  2. Participation in the Customer Referral Program is limited to: (a) each User; and (b) User’s friends, family members, or personal contacts who have not created a Site account. Employees, officers, directors, contractors, agents, and representatives of FanClub may not participate.
  3. For each eligible friend, family member, or personal contact who creates a User Site account for the first time using your URL and verified themselves as a Verified User (each, a “Referred User”), FanClub will issue and pay out 5% of their monthly earnings FanClub receives for a total of 4 months.
  4. Not with standing anything to the contrary contained in these Additional Terms, you acknowledge and agree that:
    1. a new User will not be one of your Referred Users under the Customer Referral Program if:
      1. a new User will not be one of your Referred Users under the Customer Referral Program if:
      2. your friend, family member, or personal contact has previously created a Site account, (with or without another URL or Invite Code), whether or not, in either case, under the same or different name or mobile phone number, or otherwise;
  5. Any Customer Referral Credit received from FanClub will be maintained in your Site account as FanClub Tokens and may be redeemed from our Site. FanClub Token’s are not refundable, but may be redeemed for cash, cannot be used outside of the Site, and expires or extinguishes immediately when redeemed.
  6. The Customer Referral Program may be used only for personal purposes and you may share your URL and Invite Code only with your personal connections and other connections in your network. The Customer Referral Program is void where prohibited by law.
  7. We reserve the right to deactivate your Site account and any Referred User’s Site account, cancel all related Customer Referral Credits, and seek repayment, if we determine, in our sole discretion, that either you or the Referred User has: (a) tampered with the Customer Referral Program; (b) used (or attempted to use) the Customer Referral Program in a fraudulent, abusive, unethical, unsportsmanlike, or otherwise questionable or suspicious manner; (c) breached any of these Additional Terms; or (d) violated any law or regulation or infringed or violated the rights of any third party.
  8. Credits do not expire, but the terms of the Customer Referral Program are subject to change at any time, for any reason, in our sole discretion. FanClub reserves, at any time, for any reason, in its sole discretion to:
  9. Without limiting the foregoing, we reserve the right to review and investigate activities undertaken in connection with the Customer Referral Program and suspend your Site account, revoke all Customer Referral Fees, or take other action in our sole discretion.
  10. By participating in the Customer Referral Program, you agree to release and hold harmless FanClub Parties from and against any and all economic liabilities, claims, damages, loss, harm, costs, or expenses, including property damage, that arise from or relate in any way to the Customer Referral Program. THIS SECTION 10 APPLIES ONLY TO ECONOMIC DAMAGES AND DOES NOT APPLY TO CLAIMS OF FRAUD OR PERSONAL INJURY.

Text Messaging and Disclosures

FanClub offers various text messaging programs, which may include recurring, occasional, one-time, or limited-duration text messages.

Our text messaging programs are open only to legal residents of the United States who are 13 years of age or older. Your participation in a FanClub text messaging program is subject to our Site Terms of Service (including, without limitation, the arbitration agreement and class action waiver) and Privacy Policy. If there is any inconsistency between the Site Terms and these Additional Terms, these Additional Terms will apply.

You may sign up for a text messaging program through our Site or by otherwise providing your consent. You may need to confirm your consent by replying to an initial text message sent to you by FanClub. The text messaging program may relate specifically to a purchase you have made or to a specific FanClub promotion. By signing up, you agree to receive text messages from FanClub related to that program, such as updates on a purchase, offers, deals, alerts, reminders, or other pertinent information.

Message and data rates may apply. Messages may be in SMS or MMS format and may be sent using an automatic telephone dialing system. Consent to receive text messages is not required as a condition of purchase. To stop transactional text messages from FanClub, reply STOP to message received; to stop promotional text messages, text STOP TO 22636. If you reply or text STOP, you may receive a text message confirmation.

For help or additional information, email us at: support@goFanClub.com.

If you change or deactivate your mobile number, you must promptly notify FanClub by email at support@goFanClub.com to have your number removed.

Supported mobile operators: Certain mobile operators do not support text messaging services. If your mobile operator does not, you will not be able to receive text messages from FanClub. In addition, pre-paid users may not be able to participate, so you should check with your mobile service provider. Neither FanClub nor a mobile operator is liable for delayed or undelivered messages.

Acceptable Use Policy

Your use of our Site (collectively, the FanClub™ website, mobile application (“App”), and services we provide through them) is governed by this Acceptable Use Policy. Terms that are defined in the Site Terms of Service or Verified User Terms of Service will have the same meaning in our Acceptable Use Policy.

You are responsible for your use of any FanClub Video Chat, your Site account, our Site, and any Submission (if you are a Site user) or Verified User Content (if you are a Verified User). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.

  1. You represent and warrant that:
    1. you will not use a false identity or provide any false or misleading information;
    2. you will not create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;
    3. you will not use or authorize the use of any FanClub video chat for any purposes other than: (i) the specific limited purposes set forth in the Site Terms; (ii) those set out in any applicable Additional Terms; or (iii) if you are a Verified User, those set out in any other written agreement; and
    4. in connection with any FanClub Brand video chat, you will not request (if you are a User) or fulfill a request for (if you are a Verified User): (i) a Business or any other Fan that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) disparages or defames any person, entity, brand, or business.
    5. you will not:
      1. violate any law, regulation, or court order;
      2. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
      3. take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
      4. send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
      5. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site;
      6. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
      7. stalk, harass, threaten, or harm any third party;
      8. impersonate any third party;
      9. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
      10. use any means to scrape or crawl any part of our Site;
      11. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, Fans, or any other third party;
      12. access our Site to obtain information to build a similar or competitive website, application, or service;
      13. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or
      14. advocate, encourage, or assist any third party in doing any of the foregoing. For clarity, your use of any FanClub video chat includes use anywhere (on our Site or otherwise).
  2. Investigations:

    You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring any FanClub video chat, Verified User Content, Submission, or Feedback), but we have the right to do so to operate our Site; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.

Verified User Terms of Service

This Verified User Terms of Service Agreement (“Terms”) governs your use as a Verified User of the FanClub™ platform offered by FanClub LLC, doing business as FanClub (“we”, “us”, or “FanClub”), including our website (myfanclub.app, fanclub.app), mobile application (“App”), and services we provide (collectively, the website, App, and services referred to as our “Site”). “You” and “Verified User” refer to you as a User of the Site who has verified their identity to be a Verified User or Brand profile.

These Terms apply solely to Verified Users of our Site. Use of our Site is also subject to our current Acceptable Use Policy / Community Guidelines . Any use by you of our Site other than as a Verified User is governed by the Site Terms of Service. (“Site Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using our Site as a Verified User or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site as a Verified User.

ARBITRATION NOTICE: Section 17 of these Terms contains provisions governing how claims that you and FanClub have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and FanClub to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 17 : (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

Table of Contents

1. Participation in the FanClub Platform

  1. Registration: In order to participate on our Site, you must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Site account and your use of our Site. You agree not to create a Site account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organizations), or if you (and your parent or legal guardian, or an Organization, if applicable) have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
    1. Verified User age 13 or older: Verified Users who are at least 13 years old may register directly. By registering, you represent and warrant that: (A) you are at least 13 years old (and, if between 13 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms); (B) you are of legal age to form a binding contract; (C) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) not barred from using our Site under the laws of the United States, your place of residence (and if you are between 13 and 18 years old, the place of residence of your parent or legal guardian), or any other applicable jurisdiction; and (D) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Verified User’s participation on our Site and will fully indemnify the FanClub Parties (defined below) for any failure to do so.
    2. Parent or Legal Guardian of Verified User, under age 13: Verified Users who are under 13 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that: (A) he or she is the parent or legal guardian of the Verified User and agrees to these Terms; (B) neither the parent or legal guardian nor the Verified User is barred from using our Site under the laws of the United States, the place of residence of the parent, legal guardian, or Verified User, or any other applicable jurisdiction; and (C) he or she is responsible for complying with all applicable laws and regulations relating to Verified User’s participation on our Site and will fully indemnify the FanClub Parties for any failure to do so.

2. FanClub Video Chats

From time to time, a user of our Site (“User”) may request to book a video chat with a Verified User (each, a “FanClub video chat”) from you through our Site.

  1. You have complete discretion to accept a booking request and complete the FanClub video chat with a User. If you do not either: (i) accept the request and complete the FanClub video chat; or (ii) decline the request; the request will expire and can no longer be fulfilled. You may decline a request or otherwise refuse, in your discretion, to create or complete a FanClub video chat if a User’s request is objectionable, offensive to you, or otherwise choose to fulfill another User’s request to complete for that time instead. If you accept a request, you agree to complete, record, and upload the FanClub video chat to our Site.
  2. FanClub retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, canceled, or unfulfilled FanClub video chat request.
  3. Each FanClub video chat will be approximately 1-60 minutes in duration and will follow the general directions and requests of the User (for example, getting personal advice, conducting a class, or generally talking about any topic that is appropriate and pertinent to the User and Verified User). You will have sole discretion over the script and content of any FanClub video chat, except that you agree: (i) you will use your name (please introduce yourself), the User’s name, and the name of any third party that the User identifies as a Fan (“Fan”) in each FanClub video chat, unless otherwise requested by the User; and (ii) you will not state in the FanClub video chat that the FanClub video chat cannot be completed to the full extent of the requested booked time. Your response to the User’s request is your responsibility and at your discretion, subject to these Terms.
  4. The Verified User has full discretion to end a FanClub video chat for any reason if the Verified User feels uncomfortable from possible harassment, inappropriate discussion topics, or any other activity in violation of Acceptable Use Policy / Community Guidelines . The Verified User does not have a duty to follow up with the User once the Verified User decides to end the video chat. The Verified User is not responsible to refund the User for a prematurely ended video chat if the video chat is ended for the reasons mentioned above.

3. Business FanClub video chats

If you are a resident of the United States, you may choose to offer FanClub video chats for promotion of a product, service, brand, or business of a single commercial business or not-for-profit or governmental entity from the U.S., the United Kingdom, Canada, Australia, New Zealand, or Japan (each, a "Brand") through our Site (each, a "FanClub Brand Video Chat"). Except as noted, each FanClub Brand video chat is a FanClub video chat under these Terms.

4. Fees & Payment

  1. Booking Fee: You set your own price for each FanClub video chat and any other offering you choose to make available through the FanClub platform (e.g., FanClub Brand video chats) (each, a “Booking Fee”), provided that: (i) your price on the App for iOS must be an available Apple SKU. The Booking Fee excludes any service, transaction, or processing fees paid to FanClub.
  2. Fees: Other than with respect to an expired request that you choose to fulfill (as set forth in Section 2(a) ) and subject to these Terms, we will pay you 100% of the Booking Fee actually received by FanClub for each FanClub video chat or other FanClub product offering that you created and delivered to fulfill to a User’s request that you accepted through our Site, except that in the case of a Booking Fee paid through the App, we will pay you 100% of the amount actually received by FanClub after subtracting any payment to or deduction by the application platform. In addition, if the offering permits a User to designate an additional amount as a “tip”, we will pay you 100% (unless a different percentage is agreed in writing by FanClub) of any amount paid by a User via our Site as a “tip" (after subtracting any payment to or deduction by the application platform). Any Sales Tax FanClub collects will be remitted to the applicable tax authority and will not be included in the Booking Fee.
  3. Fees and Payment Representations and Warranties: You represent and warrant that: (i) FanClub video chats are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other type of payment due from FanClub to you, to any third party, guild, union, management, or agent, or pursuant to any collective bargaining agreement, in connection with any FanClub video chat, payment from us to you, or our Site; (ii) FanClub is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) FanClub is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or taxes (other than Sales Tax FanClub collects in relation to a purchase).
  4. Payment: You agree to register with the third party payment provider selected by FanClub, which FanClub may change in its sole discretion. You may not use a payment provider other than the one selected by FanClub. You will provide the payment provider any information required in order to receive payments via the payment provider, e.g., information about the bank account that you own at a regulated financial institution. Any payments due to you from FanClub will be made via the payment provider. If available, you may transfer funds from your FanClub account to your bank account by submitting a payment request. Your request will be processed by the payment provider. If not available, FanClub will submit the payment request, for processing by the payment provider. In addition, FanClub may, in its sole discretion, transfer funds from your FanClub account to your bank account especially in the case of account inactivity. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. FanClub will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that FanClub does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Other than with respect any payment to or deduction by the application platform (as set forth in Section 4.b ). FanClub will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by FanClub. Unless otherwise agreed by FanClub in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if FanClub, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
  5. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.

5. Verified User Referral Program

We offer Verified Users and others who register on our Site as a Verified User referral source (“FanClub Partner”) the opportunity to provide their friends, families, or other personal contacts the unique referral code we provide you (“Code”) that a prospective Verified User may use to apply to register as a Verified User on our Site (“Referral Program”). To participate in the Referral Program, you must agree to the following Verified User Referral Program Terms (“Referral Terms”), as well as the rest of these Terms:

  1. FanClub reserves the right to suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. Without limiting the foregoing, we reserve the right to disqualify anyone from participating in the Referral Program at any time at our sole discretion. A violation of the Referral Terms may also result in the forfeiture of all Referral Fees (defined below) you earned through the Referral Program. We reserve the right to review and investigate activities undertaken in connection with the Referral Program and suspend your Site account, modify the Referral Fee, or take other action in our sole discretion.
  2. Eligibility to participate in this Referral Program is limited to individuals who have registered an account on our Site as a Verified User or FanClub Partner. The Referral Program cannot be used for affiliate lead generation or other commercial purposes. Employees, officers, directors, contractors, agents, and representatives of FanClub may not participate in the Referral Program.
  3. For every new user whose application to register as a Verified User on our Site using your Code is accepted in writing by FanClub (“Referred Verified User”), FanClub will pay you, for four months, beginning as of the date that the Referred Verified User first created an account as a Verified User on our Site using your Code, 9% of the Booking Fee actually received by FanClub, except that in the case of a Booking Fee paid through the App, it is 9% of the Net App Booking Fee, for each FanClub video chat the Referred Verified User creates and delivers to fulfill a User’s request accepted through our Site during that four month period (excluding any FanClub video chat for which no revenue was earned, and, at FanClub’s discretion, any FanClub video chat to which a promotion applies or for which a promo code was used) (“Referral Fee”). The Referral Fee is based on the Booking Fee or Net App Booking Fee but is paid from FanClub’s share of the revenue (as described in Section 4.b ) and will be paid as described in Section 4.d . Notwithstanding anything to the contrary contained in these Terms, you acknowledge and agree that if a new user does not use your Code when applying to register, has previously registered on our Site (with another code, under another name, or otherwise), has previously begun the on-boarding process for our Site, or if anyone else has received or is receiving a Referral Fee from us in connection with that user, no Referral Fee will be due to you. You further acknowledge and agree that each Referred Verified User may have only one referring person or entity, and that we are not obligated to pay a Referral Fee to more than one referring person or entity with respect to any Referred Verified User.
  4. This Referral Program may be used only for personal purposes and you may share your Code only with your personal connections. You may not advertise your Code or share it with anyone other than your friends, family, or other personal contacts (for example, you may not share it on a social media channel). We reserve the right to revoke or refuse to issue any Referral Fees for Referred Verified User that we suspect were generated through improper channels or otherwise in violation of these Referral Terms.
  5. You represent and warrant that any messages you use to share your Code with your personal connections will: (i) be created and distributed in a personal manner; (ii) not be distributed in a bulk manner; and (iii) not be an unsolicited commercial email or a “spam” message under any applicable law or regulation. Any messages that do not meet these requirements are expressly prohibited and constitute grounds for immediate termination of your Site account and participation in this Referral Program. Registrations on our Site by a Verified User using a Code that was distributed through an unauthorized channel will not be valid and any Referral Fees issued in connection with such transactions may be revoked.
  6. We reserve the right to deactivate your Site account and any Referred Verified User’s Site account, cancel all related Referral Fees, and seek repayment, if we determine, in our sole discretion, that either you or the Referred Verified User: (i) has tampered with this Referral Program; (ii) has used (or attempted to use) this Referral Program in a fraudulent, abusive, unethical, unsportsmanlike, or otherwise questionable or suspicious manner; (iii) has breached any of these Referral Terms; or (iv) has violated any law or regulation or infringed or violated the rights of any third party. We also reserve the right to cancel this Referral Program or change these Referral Terms at any time and for any reason in our sole discretion.
  7. As of the effective date of these Terms and notwithstanding anything to the contrary herein, a Verified User may become an Affiliated Verified User to an Organization, subject to FanClub’s prior approval, by: (i) confirming in writing, in the form provided by FanClub, that the Organization is its representative; and (ii) the Organization registering the Verified User as its Affiliated Verified User. The Organization will be deemed a FanClub Partner and the Affiliated Verified User will be deemed a Referred Verified User under these Referral Terms. The Organization (as a FanClub Partner) will be entitled to the Referral Fee set forth in Section 5.c as of the date the User becomes Verified.
  8. By participating in the Referral Program, you agree to release and hold harmless FanClub Parties from and against any and all economic liabilities, claims, damages, loss, harm, costs, or expenses, including property damage, that arise from or relate in any way to the Referral Program. THIS SECTION 5.h APPLIES ONLY TO ECONOMIC DAMAGES AND DOES NOT APPLY TO CLAIMS OF FRAUD OR PERSONAL INJURY.

6. Verified User Content

  1. License Grant to Verified User Content: Our Site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your FanClub video chats and Promotional Materials (collectively, “Verified User Content”). When you upload, submit, store, send, transmit approve, or receive Verified User Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to use, reproduce, license, distribute, modify, adapt, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or other modifications ) of your Verified User Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Verified User Content may, in FanClub’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Verified User Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Verified User Content. You further acknowledge and agree that FanClub has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by FanClub as a result of any such advertising).
  2. License Grant to Users:
    1. For each FanClub video chat (other than a FanClub Brand video chat), you hereby grant to the User and the Fan a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the FanClub video chat, in each case, solely in accordance with the Site Terms , in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
    2. For each FanClub Brand video chat, you hereby grant to User and the Brand for up to 180 days from the date the FanClub Brand video chat is sent by FanClub to the User (and for any additional 180-day periods to which you agree):
      A. An exclusive (including as to you but excluding the license granted to FanClub hereunder), royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the FanClub Brand video chat on or in: (A) one website or application available through the Apple App Store or Google Play, in each case, wholly-owned, operated, and controlled by the Brand; (B) up to four social media accounts, such as Facebook, Instagram, LinkedIn, Snapchat, TikTok, or Twitter, in each case, wholly-owned, operated, and controlled by the Business along with the right to advertise and promote the display of the Business FanClub video chat on a social media account through advertising only on the applicable social media platform; (C) up to four digital demand side platform or advertising network accounts for displaying the FanClub Brand video chat on online platforms or networks, the Brand’s social media account(s), or in-app advertising but specifically excluding, in each case, over the top (OTT), connected television (CTV) or similar streaming media and marketing programs that pay commissions or other fees to affiliates or partners based on impressions or actions taken (e.g., sales generated); (D) one communication sent through a Brand-operated and controlled channel of communication (such as an email blast or text message); (E) one event conducted and operated by the Brand (for example, a company-wide meeting or conference); and (F) a compilation with content consisting of other FanClub Offerings.
  3. Right to Remove FanClub video chats of Other Offerings: You acknowledge and agree that we cannot restrict the use of your FanClub video chats or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Fans) and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a FanClub video chat or other offering from a social media channel or third party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Verified User Content, you hereby authorize FanClub to act as your agent in order to submit any DMCA notice or other demand with respect to your FanClub video chats or other offerings. You will promptly notify us if you learn that any FanClub Brand video chat is being used in violation of the Site Terms . We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the FanClub Brand video chat for any reason, including if the use exceeds the license in Section 1a(ii) or otherwise violates the Site Terms .
  4. Licenses: You may not sell, resell, commercialize, or encumber your rights in any FanClub video chat or other offering, including creating a non-fungible token (“NFT”) from any FanClub video chat or other offering except as agreed by FanClub in writing. Please note that the licenses granted in this section 6 are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Verified User Content, by us, Users, or third parties (including Fans and, in the case of a FanClub Brand video chat, the Brand), other than the payment set forth in section 4 . We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Site Terms . Finally, the licenses granted in this section 6 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.
  5. Verified User Content Representations and Warranties: You represent and warrant to FanClub and the User that:
    1. you own all rights in and to your Verified User Content and Feedback (defined below) and that you have the right to grant the rights described in these Terms;
    2. you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Verified User Content and Feedback by us, Users, or third parties (including Fans) as described in these Terms;
    3. your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
    4. In connection with each FanClub Brand video chat: A. any statements that you make in connection with the Business are factually correct and not misleading, are not disparaging or defamatory, and represent your true opinion; and
    5. your Verified User Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
    6. you will not post or make publicly available any FanClub video chat that the User has requested not be posted to your booking page;
    7. you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site.
    8. you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;
    9. you will not edit, change, modify, or remove the watermark from any FanClub video chat or assist or encourage any third party to do so;
    10. you will not ask us for permission or to assist you with the actions prohibited by Sections 6.e(v) through 6.e(viii); and
    11. except for a FanClub video chat that you choose to remake (at no additional cost to the User and with no additional payment due from us), you will not remake any FanClub video chat unless asked by us to do so.
  6. Treatment of Verified User Content: Any Verified User Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Verified User Content, including any personal information included in that Verified User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Verified User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Verified User Content. None of your Verified User Content will be subject to any obligation of confidence by us, Users, or third parties (including Fans), and we will not be liable or responsible for any use or disclosure of any Verified User Content.
  7. Refusal and Removal of Verified User Content: We may refuse to accept or transmit Verified User Content for any reason without notice to you. We may remove Verified User Content from our Site for any reason without notice to you.
  8. Cancellation of Site Account: If you cancel your Site account, you may, on at least three business days’ advance written notice to us, request that we no longer include your FanClub video chats on our Site and that we not make any new public use of them. As noted in Section 6.c , we have no obligation as to any use of your FanClub video chats by the Users for whom you created them or by any third party with whom they have already been shared (including Fans) (including from social media channels or third party websites or platforms).

7. Ownership

  1. Other than Verified User Content, we or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, HTML/CSS, Javascipt, visual design elements, and other content available on our Site (individually, and collectively, “FanClub Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, FanClub Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of FanClub Content or Marks without our prior express written consent. You acknowledge and agree that each request or message from a User is a Submission (as defined in the Site Terms ) owned by the User who created it.
  2. FanClub desires to avoid the possibility of misunderstandings if a project developed by us, our employees, or our contractors might seem similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that FanClub has no obligation (including of confidentiality or privacy) with respect to your Feedback, and you grant to FanClub a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  3. You hereby waive any and all moral rights or “droit moral” that you may have in Verified User Content or Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Verified User Content or Feedback.

8. Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that all or some of these Terms don’t apply.

9. Eligibility

  1. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may access and use our Site only with permission from your parent or legal guardian.
  2. National College Athletic Association (“NCAA”) and Other Amateur Organizations: If you are or may become subject to NCAA rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
  3. Eligibility Representations and Warranties: You represent and warrant that:
    1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
    2. you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
    3. if you include an animal in any FanClub video chat, you will cause no harm to the animal and will comply with all applicable laws and regulations;
    4. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    5. you are not a convicted sex offender.
  4. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by United States law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by FanClub are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer FanClub products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

10. Copyright and Intellectual Property Policy

  1. Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
    1. your address, telephone number, and email address;
    2. a description of the work that you claim is being infringed;
    3. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
    4. a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
    5. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
    6. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:
    FanClub LLC d/b/a
    4727 Winchester Avenue
    Lisle, IL 60532
    support@goFanClub.com
    ‍If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
  2. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

11. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

12. Third Party Content and Interactions

Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of FanClub, including FanClub video chats, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of FanClub video chats and other offerings that allow interactions with third parties, including Users, on FanClub are the sole responsibility of the people involved in those interactions. FanClub is not responsible for the content of the interactions you may have with third parties through FanClub video chats or other offerings. However, FanClub may, in its sole discretion, intercede in selected interactions and you will reasonably cooperate with FanClub if it does so. You acknowledge and agree that FanClub will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions, including any requests or Submissions from Users. You agree to contact Users about matters relating to our Site only through the Site. You hereby release each FanClub Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

13. Brand Relationship with FanClub

  1. You and FanClub agree and declare you and FanClub are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of FanClub, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
  2. You represent and warrant that as between FanClub and you (whether a Verified User, parent or legal guardian of a Verified User, an Organization, Affiliated Verified User, FanClub Partner, or otherwise), you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
  3. You will use your own equipment to perform your obligations under these Terms.
  4. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
  5. Your relationship with FanClub is non-exclusive, meaning that you may provide similar services to third parties, including FanClub’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.

14. Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

15. Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you. You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

16. Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the FanClub team at support@goFanClub.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

17. Disclaimers and Limitations on our Liability

  1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the FanClub Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
  2. In particular, the FanClub Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the FanClub Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.
  3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including a User request, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a FanClub video chat, will create any warranty not expressly made by us.
  4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that FanClub is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against any FanClub Party with respect thereto.
  5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any FanClub Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not FanClub has been advised of the possibility of such damages.
  6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by FanClub from you during the 12 months preceding the claim giving rise to such liability.
  7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
  8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between FanClub and you.

18. Indemnification

You agree to indemnify, defend, and hold harmless FanClub and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a “FanClub Party, “ and collectively, “FanClub Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Organization or Affiliated Verified User; (f) any Charity; (g) your status as a parent or legal guardian of a Verified User; (h) Verified User Content; (i) Feedback; (j) your eligibility with the NCAA or any other association, group, authority, or organization referenced in Section 9.b ; or (k) your participation in the Referral Program. FanClub may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

19. Arbitration Agreement and Waiver of Certain Rights

  1. Arbitration: You and FanClub agree to resolve any disputes between you and FanClub through binding and final arbitration instead of through court proceedings. You and FanClub each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and FanClub relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
  2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FanClub will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
  3. No Preclusions: This arbitration agreement does not preclude you or FanClub from seeking action by federal, state, or local government agencies. You and FanClub each also have the right to bring any qualifying Claim in small claims court. In addition, you and FanClub each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
  4. No Class Representative or Private Attorney General: Each of you and FanClub agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general; or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or FanClub). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
  5. Severability/No Waiver/Survival: If any provision of this Section 19 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 19 will continue in full force and effect. No waiver of any provision of this Section 19 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 19 will survive the termination of your relationship with FanClub.
  6. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: FanClub LLC dba FanClub, 4727 Winchester Avenue, Lisle, IL 60532. Your notice must include your name and address, any usernames, each email address you have used to set up an account on our Site, and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  7. LIMITATIONS: This Section 19 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or FanClub would have in court may not be available in arbitration.

20. Other Provisions

  1. Force Majeure: Under no circumstances will any FanClub Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, cybersecurity incidents, internet or communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any FanClub Party.
  2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
  3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
  4. No Waiver or Amendment: The failure by FanClub to enforce any right or provision of these Terms will not prevent FanClub from enforcing such right or provision in the future and will not be deemed to modify these Terms.
  5. Assignment: FanClub may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
  6. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

21. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

Additional Verified User Terms

PLEASE READ THE FOLLOWING CAREFULLY. By offering the product or service, you agree to the applicable additional terms that apply (which are Additional Terms as described in Section 8 of the Verified User Terms of Service (“Verified User Terms”)). These Additional Terms will be governed by, and are incorporated into, the Verified User Terms. Terms that are defined in the Verified User Terms or the Site Terms of Service (“Site Terms”) will have the same meaning in these Additional Terms.

From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By offering or using or continuing to offer or use the applicable product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.

FanClub Followers Feed and Subscriptions

Follower Feed

You may post messages and other content to your Follower Feed. Users may also post, view, reply to, react, or “like” such content in your Follower Feed (each such message, reply, like, or other content is a “Message”).

You may offer your Followers the opportunity to subscribe to exclusive content, which may also include the ability to post Messages. You will participate and interact with your subscribers in a manner consistent with your promises to those subscribers, the Verified User Terms , including these Additional Terms.

Payment

  1. Membership in your Follower Feed is free; there is no compensation to you.
  2. Except as specified by FanClub, you set your subscription price for the Subscription (subject to any minimum that we specify), provided your price on the App for iOS must be an available Apple SKU.
  3. If you offer a Paid Feature, we will pay you 85% of the subscription price actually received by FanClub from each User after subtracting any payment to, or deduction by, the application platform, on the same terms as in Section 4.b of the Verified User Terms. Unless otherwise specified by FanClub, we will pay you monthly, one month after the subscription price is received by us.

Acknowledgement

You acknowledge and agree that:

  1. Your Follower Feed and any Paid Feature is open to any User. Your Messages will not be private and you will not share or disclose any personal, private, or sensitive information relating to you or a third party;
  2. you hereby grant to each User the following limited rights to use your Messages solely for their own personal, non-commercial, and non-promotional purposes, subject to these Additional Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display those Messages only on social media platforms and personal websites; in text and email messages; and in other personal storage media; and, you may use Messages created by Users in the same manner; in addition, you may use Messages to promote your participation on our Site;
  3. each Message you create is Verified User Content under the Verified User Terms ;
  4. each Message is subject to the Acceptable Use Policy / Community Guidelines ;
  5. if you believe that a User or Follower Feed activity has violated the Acceptable Use Policy / Community Guidelines , you may notify FanClub in writing at support@goFanClub.com or report Messages by a long-press in the App;
  6. FanClub may monitor any Paid Feature, Follower Feed activity, and Messages, and FanClub retains the right, in its sole discretion, to cancel any subscription or other Paid Feature; and
  7. FanClub will not be responsible or liable for any Message from any User or any Verified User Content (including any Message from you).

FanClub Paid DMs

FanClub Paid DMs

You may choose to offer Users the opportunity to send you a paid direct message as permitted through the FanClub Paid DM feature in the App (if the feature is available).

  1. If you choose to do so, a User may send you:
  2. When a User sends you a Message, you may, but have no obligation to, respond. In addition, you may close out the thread at any time.
  3. Any additional Message sent by the User will be at the applicable price.

Payment

  1. You set your price for a Message, provided your price on the App for iOS must be an available Apple SKU.
  2. We will pay you 85% of the applicable price actually received by FanClub for each paid Message after subtracting any payment to, or deduction by, the application platform (e.g., Apple deducts a 30% commission) on the same terms as in Section 4.b.

Acknowledgement

  1. each Message you create is Verified User Content under the Verified User Terms and each Message from a User is a Submission owned by the User who created it
  2. each Message (whether created by you or a User) is subject to the Acceptable Use Policy / Community Guidelines ;
  3. you grant to each User the right to use each Message you create a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display that Message, in each case, solely in accordance with the Site Terms and the Additional Site Terms for “FanClub Paid DMs” in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms); and
  4. FanClub will not be liable or responsible for any Submission (including any Message from the User) or any Verified User Content (including any Message you send).

FanClub Video Chats

FanClub Video Chats

You may choose to offer Users the opportunity to participate in a FanClub Video Chats real-time video chat (each, a “Video Chat”) using the App.

  1. The details of a Video Chat will be specified on the Video Chat booking page on the App (“Video Chat Details”), including:
    1. the approximate length;
    2. any limits on the number of or criteria for each User and any individuals included by a User who can participate in the Video Chat (collectively, “Participants”), for example, a maximum number of Participants per Video Chat;
    3. any participation criteria;
    4. any booking fee; and
    5. any other conditions, limitations, restrictions, or information.
  2. If you choose to take a Video Chat, you agree to participate in the Video Chat as described in the Video Chat Details.
  3. A User may end a Video Chat at any time. If a Video Chat is ended due to a violation of the Acceptable Use Policy / Community Guidelines you will promptly notify FanClub in writing at support@goFanClub.com. If you end a Video Chat earlier than scheduled for any other reason, we may discuss with you an appropriate adjustment of the payment made to you.
  4. FanClub works with a third party technology partner, Zoom Meetings. to enable Video Chats. By offering a Video Chat, you acknowledge and agree to its privacy policy (available at: https://explore.zoom.us/en/privacy/ ) and any other of its terms applicable to Video Chats. You will use any other communication, scheduling, or other platform, software, or app designated by FanClub for Video Chats and will comply with any applicable terms and privacy policies.
  5. FanClub retains the right, in its sole discretion, to cancel any request from a User.
  6. No payment will be made to you if you do not participate in the Video Chat as set forth in these Additional Terms and in the Video Chat Details.

Payment

  1. On completion of each paid Video Chat, we will pay you 85% of the applicable price actually received by FanClub after subtracting any payment to, or deduction by, the application platform on the same terms as in Section 4.b of the Verified User Terms .
  2. No payment will be made to you if you do not participate in the Video Chat as set forth in these Additional Terms and in the Video Chat Details.

Acknowledgement

You acknowledge and agree that:

  1. FanClub may take a photo of you and the User during a Video Chat (“Video Chat Screenshot”), which will be made available to you at the end of that Video Chat;
  2. any materials, rights of publicity, performances, participation (including any chat, comment, statement, audio, image, your image in the Video Chat Screenshot and any other photo, video, element, or other communication), or other content that you provide in connection with your participation is Verified User Content under the Verified User Terms ;
  3. Verified User Content will not be private and you should not share or disclose any personal, private, or sensitive information relating to you or a third party;
  4. you may not record a Video Chat in any way;
  5. you may use a Video Chat Screenshot solely for your own personal, non-commercial, and non-promotional purposes. Any such use is (subject to these Additional Terms): a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display a Video Chat Photo only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
  6. in addition to the Verified User Terms , Verified User Content is subject to the Acceptable Use Policy / Community Guidelines and may not, among other things:
    1. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; or
    2. communicate anything that is, or that incites, promotes, facilitates, or encourages action that is, explicitly or implicitly: offensive, dangerous, gratuitously violent, defamatory, illegal (including illegal gambling, games of chance, sweepstakes, or contests), a violation of law or the rights of any third party, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
  7. in addition to the rights you grant under the Verified User Terms, in connection with each Video Chat you grant:
    1. to each User, subject to such User’s payment in full, the following limited rights to use your Video Chat Screenshot solely for their own personal, non-commercial, and non-promotional purposes, subject to these Additional Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the User’s Video Chat Screenshot only on social media platforms and personal websites; in text and email messages; and in other personal storage media;
    2. to FanClub an exclusive (including exclusive as to you, but excluding the license granted to any platform or media as set out below), royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised to use, publish, reproduce, record, modify, edit, and display your name, image, voice, appearance, performance, likeness, and Verified User Content, including in or in connection with advertising, marketing, promoting, republishing, rebroadcasting, and re-airing the Video Chat and the Video Chat Screenshot;
    3. to any platform or media on which your Verified User Content is stored, performed, recorded, republished, rebroadcast, re-aired, or displayed any rights necessary or required by the platform or media in order to store, perform, record, republish, rebroadcast, re-air, or display your Verified User Content; and
    4. the right to record the Video Chat and Video Chat Screenshot and to edit or modify them and your Verified User Content (for example, add music or captions, capture screenshot or excerpts, or otherwise). The recordings and your Verified User Content (for example, an edited or modified version thereof) may be included in a compilation with content from or featuring others;
  8. if you believe that a User, another Participant or an Video Chat activity has violated the Acceptable Use Policy/Community Guidelines, you will promptly notify FanClub in writing at support@FanClub.com;
  9. FanClub may monitor any Video Chat, and FanClub retains the right, in its sole discretion, to cancel any Video Chat or block any User; and
  10. FanClub will not be responsible or liable for any Submission or Verified User Content (including from a User, another Participant or another Verified User).