Terms of Service
Effective date: November 24th, 2023
These terms and conditions (the "Terms of Service") govern the use of www.fanrealm.net (the "Site"). This Site, service, application, or functionality (collectively, the “Service”) belonging to, provided by, created by, or operated by, are owned and operated by FanRealm Inc. (“FanRealm”, the “Company”, “we”, or “us”). This Service provides an online platform for content sharing. The Service may be subject to additional guidelines, terms, or rules which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service. If You do not agree to these Terms of Service, You are not authorized to use the Service and must not access or use the Service.
By using this Service, You indicate that You have read and understand these Terms of Service and agree to abide by them at all times. Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms (the “Agreement”). These Terms apply to all visitors, Users, Service Providers, and others who wish to access or use the Service (each a “User” or “You”, and collectively, “Users”). This Agreement, which incorporates by reference other provisions applicable to User’s use of the Service, sets forth the terms and conditions that apply to User’s use of the Service. By using the Service, each User agrees to comply with all of the terms and conditions hereof. The right to use the Service is specific to each User and is not transferable to any person or entity. The following legal restrictions and terms of use apply to the Service and any other site owned and/or operated by or on behalf of FanRealm or any of its subsidiaries, that states that it is governed by these Terms of Service and/or links to these Terms of Service (the sites and entities collectively referred to herein as the “Service” and “Site”, “Our”, and/or “We”).
Definitions
"Content" means any media or material uploaded to FanRealm by any User, Creator, or Fan, including without limitation any photos, videos, audio files, emojis, memes, GIFs, livestream material or media, data, text, images, interactive media or features, metadata, and any other material or media of any kind;
"Creator" means any User who has registered his or her FanRealm account as a Creator account in order to post, or have the option to post, Content on FanRealm so that it may be viewed by other Users;
"Fan" means any User who follows a Creator and is able to view Content from such Creator;
"Fan-Creator Agreement” means the terms which govern each Fan/Creator Transaction, which can be accessed here.
"Fan-Creator Transaction" means any transaction that a Fan enters into with a Creator on FanRealm through which the Fan is granted access to the Creator's Content;
"Fan Payment" means a payment made by a Fan to a Creator in connection with a Fan/Creator Transaction;
"Subscription" means any Fan's subscription to a Creator’s account;
"User" means any User of FanRealm, whether such User is a Creator, a Fan, or both a Creator and a Fan (also referred to as "You" or "Your" as noted herein above).
Registration Requirements and Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, Users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age or any other trait or aspect pertaining to and/or provided by any User of the Service. You expressly agree that You will provide to us valid identification certifying Your name and age and will maintain current copies thereof in Your User account.
You are required to register and create a User account on FanRealm in order to use or access the Service. During registration, You are required to provide a valid email address, a Username, and a password. If You do not comply with or meet the below requirements, You are not authorized to use or access FanRealm or any portion thereof.
To register as a User, You must be:
at least 18 years old, and You must provide confirmation that You are at least 18 years old. Access to the Service will NOT be permitted for any individual who is under the age of 18 years old;
old enough to enter into a contract legally and to be legally bound by a contract under the laws of the country or state/province where You live; and
permitted by the laws of the jurisdiction where You are located to join FanRealm and to view the Content that is available on and through FanRealm and to use any functionality provided by the Service; and
provide any other information or verification records or documentation that we may require.
By registering with and using our Service, You certify and agree to the following:
You will keep Your account/login details confidential and secure;
all the information and documentation that You provided to us is accurate, truthful, valid, and complete;
You will ensure that all information and documentation that You provide to us remains current and accurate, and You will promptly update any such information or documentation on our Service as soon as it changes or ceases to be accurate and truthful;
You affirmatively consent to receive electronic communications from FanRealm, including without limitation emails and messages posted to Your account;
You consent to the processing of Your personal data as specified in our Privacy Policy; and
You have never had a FanRealm account that was terminated or suspended by us for failure to comply with or violations of any of our terms or policies.
User Accounts: When You create an account on our Service, You agree to and certify the following:
You are solely responsible for Your account and the security and privacy of Your account, including passwords or sensitive information attached to that account.
All personal information You provide to us on and through Your account is current, accurate, and truthful, and that You will update Your personal information if any such information changes. This includes without limitation and documentation or materials that You share such as any form of identification
You are over the age of eighteen years old and have provided valid identification as evidence that You are not under the age of eighteen years old (a “Minor”).
You will not post, disseminate, access, share, upload, or in any way share any material or content that shows, depicts, or otherwise involves a Minor engaged in any sexually explicit conduct or the lascivious exhibition of the genitals or pubic area of any Minor.
We reserve the right to suspend or terminate Your account if You are using our Site illegally or if You violate these Terms of Service.
If You choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Site or portions of it using Your User name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your User name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any Username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Service. In the event that we terminate Your account, we may deal with Your Content in any manner we deem appropriate and in accordance with our Privacy Policy (including by deleting such Content) and You may no longer be entitled to access any of Your Content. FanRealm does not, and is not obligated to, provide You with a means of accessing Your Content after Your account is terminated. We reserve the right to investigate any suspected or alleged abuse, misuse, or unlawful access to or use of the Service and to cooperate with law enforcement agencies and other authorities in any investigation. Further we reserve the right to disclose any documentation, records, or information provided to us on the Service or otherwise in our possession or control concerning You or Your use of the Service to law enforcement agencies or other authorities in connection with any investigation of or prosecution relating to any actual, suspected, or alleged illegal activity, in response to legal process, or to protect our rights or legal interests as we deem appropriate in our sole discretion.
While we will take reasonable care to provide the services specified hereunder, please be advised that we are not responsible for certain things such as the following:
We are not responsible for and do not approve, authorize, or validate Content on the Service. Any views expressed by Creators or Fans on or through the Service are the views of such Creators or Fans and do not reflect the views, policies, or positions of FanRealm.
FanRealm does not grant You or any other User any rights in relation to Content posted on or through the Service. Only the Creator of such Content may grant such rights to You.
We are not responsible for any Content being viewed by individuals who recognize You or Your identity or the results of such recognition. You are advised that Content may in fact be viewed by individuals who recognize You or Your identity. We are not in any way responsible to You or anyone else if You are identified from Your Content. While we may, on occasion and at our sole discretion, offer certain technology that may render such recognition less likely, You acknowledge, understand, and agree that we do not guarantee the effectiveness or accuracy of such technology, and You will have no claim against us arising from Your use of or reliance upon any such technology by us or on the Service.
None of the Content is provided, selected, or created by FanRealm. All Content is created, selected, and provided by Users. We have no obligation to and are not responsible for moderating or reviewing Content. You acknowledge and understand that we do not select or modify any Content that is stored, distributed, or transmitted through the Service. We are not obligated to monitor Content in any way whatsoever, nor are we obligated to investigate or detect breaches of our Terms of Service
We are not responsible for Your interactions and engagement with other Users of the Service. You acknowledge and agree that You are not obligated to comply with or follow any request, suggestion, comment, review, or instruction that You receive from any other User and that if You decide to do so, You are doing so completely and entirely at Your own risk.
We do not guarantee and we provide no assurance of any kind that Creators will earn or receive any sum of money from the use of the Service.
Any materials that we make accessible on or through the Service are for general information purposes only. We do not make any promises or guarantees concerning the accuracy or reliability of any such materials, nor do we make any guarantee or promise that You will achieve or realize any particular outcome or result by using such materials.
We do not assume any responsibility or liability in relation to Your technology, device, or software programs and how they may be affected by Your use of the Service. We make no promise that the Service is or will be compatible with any all hardware, software, and operating systems. You are solely responsible for the configuration of Your devices, information technology, software, hardware, and computer programs used to access the Service or any portion thereof. You are advised to use Your own virus protection software.
We cannot promise that our Service will be free of all bugs and viruses at all times though we strive to provide the best experience possible and we have no control over the Content that provided by Creators on the Service and cannot assure that such content is free from bugs or viruses.
All Users are solely responsible for protection of their account information. We are not responsible for any stolen, lost, or compromised User account details, passwords, email accounts, or any unauthorized activities, payments, or withdrawals of funds that may result from lost, stolen or otherwise compromised User accounts.
We are not responsible for the use that other Users or third parties may make of Your Content once it is posted on the Service. You acknowledge and agree that once Your Content is posted on our Service, we cannot and have no obligation to control such use and will not be responsible to You for such use of any such Content. You acknowledge and agree that deletion of Your account does not in itself prevent the distribution, sharing, or circulation of any of Your Content as it may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of Your account.
Acceptable Use
As a User of our Service, You agree to use our Service legally, not to use our Service for or in connection with any illegal purpose whatsoever, and not to:
Harass or mistreat other Users of our Service;
Violate the rights of other Users of our Service;
Violate the intellectual property rights of the Service owners or any third party to the Service;
Hack into the account of another User of the Service; or
Act in any way that could be considered fraudulent.
User Contributions
Users may post Content to our Service, including without limitation the following information:
Photos;
Videos;
Livestream media;
Private messages; and
Public comments.
By posting publicly on our Site, You agree not to act illegally or violate these Terms of Service. You further agree and certify that You will not post, disseminate, upload, share, or distribute on or through the Service any material or content that includes or depicts any person (“Performer”) engaged in actual or simulated sexually explicit conduct or lascivious exhibition of the genitals or pubic area unless You have collected from each Performer a valid legal identification including a photograph of such person and certifying such Performer’s name and age, in accordance with the requirements of 18 U.S.C. §§ 2257 and any other applicable law concerning the protection of Minors (as defined hereinbelow).
Use of Materials
You acknowledge and understand that this Service is owned and operated by FanRealm and includes certain features that are owned or operated by the Service or its third-party service providers. Except as otherwise indicated herein the contents of the Service are the property of FanRealm and are protected by applicable law, including without limitation pursuant the trade secret, copyright, and trademark laws and other provincial and federal laws and regulations of Canada, the Province of Ontario, and other jurisdictions having jurisdiction throughout Canada and outside of Canada. No material from or on the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent. You may not redistribute, sell, decompile, reverse-engineer, or disassemble any element of the Service without our express permission and authorization. You hereby grant FanRealm and our agents and licensees a worldwide, royalty-free, fully-paid, perpetual, and non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute, and/or adapt, any content or material that You upload to, create on or through, distribute through, or post on or through the Service, including without limitation via message boards, chat rooms, forums, blogs, or any other features on the Service, in whole or in part, whether alone or in combination with other material, in any and all media, now known or hereafter devised.
User communications occurring on the Service, including without limitation messages and emails, may be read and/or moderated by FanRealm in accordance with our Privacy Policy and these Terms of Service, and as FanRealm, in our sole and absolute discretion, deem necessary and appropriate to prevent spam, inappropriate content, abusive practices, harassment, and/or other activities or content that we deem harmful or inappropriate. Emails and other communications may not be sent to partners or ambassadors without our authorization. Inappropriate content may include without limitation solicitation and spam.
Your Intellectual Property Rights:
You confirm that You own all rights in relation to the intellectual property (including without limitation copyright and trademarks) in and to Your Content and/or that You have secured all necessary rights to Your Content as are required to grant licenses in respect of Your Content to us and to other Users. This includes without limitation any and all rights required to engage in the acts covered by this section in any territory or jurisdiction in which our Service is accessible and, in particular, in Canada, the United States of America, the United Kingdom and the European Union.
You affirmatively agree to grant FanRealm a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable license to all Your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of the Service, including without limitation the rights to reproduce, distribute, make available, disseminate, and communicate to the public, perform, display, translate, and adapt or create adaptations or derivative works of Your Content, and otherwise deal in or make use of Your Content.
Though we do not own Your Content and are under no obligation to enforce any rights relating to such Content, You grant us the limited privity therewith and limited rights to submit infringement notifications (including of copyright or trademark) on Your behalf to any third-party service or website that hosts or otherwise deals in infringing copies of Your Content without Your permission. However, You acknowledge that we are under no obligation to monitor or police any infringement of Your Content or the rights relating thereto. Nonetheless, You consent and agree to provide us with all consents and other information which we may reasonably require to submit infringement notification on Your behalf.
You expressly waive any moral rights which You may have under any applicable law to object to derogatory or unfavorable treatment of any Content posted by You on or through the Service.
Sale of Goods
These Terms of Service govern the sale of goods available on our Site (the “Goods”). The following Goods are available on our Site: Digital Content.
These Terms of Service apply to all Goods displayed on our Site at the time You access it. This includes all Goods listed by any User whatsoever. All information, descriptions, or images provided about the Goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all Goods provided on the Site. You agree to purchase goods from our Site at Your own risk.
We reserve the right to modify, reject or cancel an order for Goods whenever it becomes necessary. If a User cancels Your order and has already processed Your payment, that User will give You a refund equal to the amount You paid. You agree that it is Your responsibility to monitor Your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows Users to sell goods and services. We do not assume any responsibility for the goods and services Users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by Users on our Site. However, if we are made aware that a User is violating these Terms of Service, we reserve the right to suspend or prohibit the User from selling goods and services on our Site.
Subscriptions
Your subscription automatically renews and You will be automatically billed until we receive notification that You want to cancel the subscription.
To cancel Your subscription, please follow these steps: Contact FanRealm at contact@fanrealm.net for subscription cancellation.
Payments
We accept the following payment methods on our Site:
Credit Card;
PayPal;
Debit; and
Direct Debit.
When You provide us with Your payment information, You authorize our use of and access to the payment instrument You have chosen to use. By providing us with Your payment information, You authorize us to charge the amount due to this payment instrument.
If we believe Your payment has violated any law or these Terms of Service, we reserve the right to cancel or reverse Your transaction.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in Your jurisdiction applies and cannot be excluded, these Terms of Service will not limit Your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is Your responsibility to read the Terms of Service and privacy policies of these third party websites before using these sites.
Limitation of Liability
FanRealm and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from Your use of the Site.
If You are a Fan User, You acknowledge and agree that:
FanRealm and its employees, owners, representatives, and agents will not be liable to You for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by You arising from, in relation to, or in connection with Your use of our Service; and
If You are a consumer User, residing in the United States of America, our total liability to You for claims arising out of or related to these Terms or otherwise arising from or relating to Your agreement with us shall be limited to USD 250 per claim.
If You are a Creator, You acknowledge and agree that FanRealm and our employees, owners, agents, and representatives:
exclude (to the greatest extent permitted by applicable law) all implied conditions, warranties, representations, or other terms that may apply to the Service or any Content on or accessible through it. Accordingly, if the Terms of Service do not expressly include a promise or commitment by FanRealm, then one cannot be implied or imputed by law;
are not responsible to You for any loss or damage suffered by You that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill;
are not and will not be held liable to You for any loss or damage suffered by You or any third party whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether foreseeable or not, arising out of or in connection with (i) Your inability to use the Service or any of its features, tools, or programs, or (ii) Your use of or reliance on any content (including without limitation Content) stored on or accessible through our Service;
are not liable to You for, and You expressly waive any and all claims in relation to, the following: loss of profits; loss of sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; loss of data or information, including any Content; or indirect or consequential loss or damage;
will not be liable to You for, and You expressly waive any and all claims in relation to, any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect or affect Your computer equipment, computer programs, data, or other proprietary material, hardware, or software due to or in relation to Your use of our Service or any of its features, services, or programs, or due to the downloading of any material or Content posted on it, or on any website linked to or accessible through the Service;
will not be liable to You if Your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
will not be liable to You for any disclosure of Your identity, or any disclosure or publication of Your personal information by other Users or third parties without Your consent (also known as "doxing");
will not be liable to You for any failure or delay by FanRealm in complying with any part of the Terms of Service arising from events that are outside our reasonable control.
If You are a Creator, our total liability to You for any and all claims arising out of or related to these Terms of Service and/or Your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of: (i) CAD 5,000 and (ii) 100% of the total fees paid by You to us in connection with Your use of the Service (note that this does not include any amounts paid to You by other Users).
Indemnity
Except where prohibited by law, by using this Site You indemnify and hold harmless FanRealm and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of Your use of our Site or Your violation of these Terms of Service.
Applicable Law
Unless expressly prohibited by applicable law in the jurisdiction where You are located, these Terms of Service are governed by the laws of the Province of Ontario, Canada, without regard to conflicts of law principles, and any disputes arising in connection with these Terms of Service will be adjudicated in the Courts of the Province of Ontario, Canada. In the event that a particular claim cannot be lawfully adjudicated under the laws of or in the Courts of Ontario, Canada, then only such claims as are strictly required to be adjudicated in or under the laws of another jurisdiction shall be so adjudicated in that jurisdiction or under the laws of that jurisdiction as the applicable laws expressly require, and all other claims shall be decided according to the laws of Ontario and shall be settled in the courts of Ontario as set forth hereinabove.
Severability and Waiver
If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.
Changes
These Terms of Service may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect Users to behave on our Site. We will notify Users by email of changes to these Terms of Service or post a notice on our Site.
Assignment and Waiver of Rights
Assignment. We are entitled to assign or transfer to others our rights and obligations under Your agreement with us. We may delegate the performance of any of our obligations under these Terms of Service to any third party we deem appropriate in our sole discretion. However, You may not transfer Your rights or obligations under these Terms of Service to any other party without our prior written consent. Waiver. In the event that we fail to enforce any right arising hereunder or any aspect of these Terms of Service, it will not be a waiver of any such right. We reserve all rights not expressly granted to You.
Termination
This Agreement is effective until terminated by either You or FanRealm. You may terminate this Agreement at any time by destroying all materials obtained from the Service and providing notice to us of Your intent to terminate this Agreement. This Agreement will terminate immediately without notice from FanRealm if in our sole discretion, You fail to comply with any term or provision of this Agreement, You are a repeat infringer of any third party’s or other User’s rights, or You engage in conduct that is illegal, tortious, or that interferes with the technological operation of this site. Upon termination, You must destroy all materials obtained from the Service and all copies thereof, whether made under the terms of this Agreement or otherwise.
Terms of Service for Fans
Effective date: December 13th, 2024
By accessing or using this Site as a Fan, you agree to the following terms, which form part of your agreement with FanRealm and which are in addition to the Terms of Service for all Users.
1. By accessing this Service, you represent and warrant to us that you are:
at least 18 years old;
old enough to enter into a contract legally and to be legally bound by a contract under the laws of the country or state/province where you live;
permitted by the laws of the jurisdiction where you are located to join FanRealm and to view the Content that is available on and through FanRealm and to use any functionality provided by the Service;
are able and willing to pay as may be required to view Content available on FanRealm and to use any functionality provided on or through the Service;
able and willing to provide any other information or verification records or documentation that we may require; and
acknowledge and understand that access to the Service is not and will not be permitted for any individual who is under the age of 18 years old.
2. The following terms apply to any and all Content that you post, display, upload, publish, disseminate, or distribute as a Fan on the Service (your “Fan Posted Content”):
You represent and warrant that for all your Fan Posted Content: the Content complies in full with the User Terms of Service and these Fan Terms of Service; you either own your Fan Posted Content (and all intellectual property rights in and to such Content) or you have a valid license to your Fan Posted Content; and if your Fan Posted Content includes or uses third-party material or content, you have secured all rights, licenses, consents, and releases necessary for the use of such third-party property in your Fan Posted Content and for the subsequent and ongoing use and exploitation of such Content on the Service.
You agree that you are and will be liable to FanRealm and will indemnify us if any of the warranties contained or given herein is untrue or inaccurate, and you will be responsible for any loss or damage suffered by us as a result of or in connection with any such warranty being untrue or inaccurate.
We do not endorse and are not responsible for any Fan Posted Content or any portion or element thereof or any Content whatsoever posted by any User of the Service. We have no obligation to monitor or review any Content and have no direct control over the contents of your Content or that of any other User.
3. Adult material: You acknowledge and understand that some of the Content on FanRealm contains adult material, and you agree to consider this when engaging with or accessing the Service and when determining how and where to access and view Content. FanRealm will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content that contains or features adult material in a way which places you in breach of any contract you have with a third party such as an employer or in breach of any applicable law.
4. This section describes the terms which apply to Fan-Creator Transactions:
All Fan-Creator Transactions are contracts between Fans and Creators that are subject to the terms of the Fan-Creator Contract. Although the Company facilitates Fan-Creator Transactions by providing the Service and storing Content, the Company is not a party to the Fan-Creator Contract or any other contract that may exist between any Fan and Creator. We are not responsible for any Fan-Creator Transactions or for the performance or non-performance of any Fan-Creator Contract or any portion or term thereof.
Creators have full authority and are solely responsible for the pricing of Fan-Creator Transactions and the Content that they allow you to access.
Fan Payments do not include VAT, which will be added at the current rate as applicable to any Fan Payments.
In order to enter into a Fan-Creator Transaction, you must have a payment method on file in your account profile, and must then click the 'Subscribe' to the particular Creator's profile.
You expressly authorize the Company to provide your payment card details to our third-party payment provider for the purpose of processing your payments from you as a Fan to the relevant Creator (“Fan Payment”). Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
If you choose to provide details of two or more payment cards, then we will first attempt to charge the first card for the full amount of any Fan Payment and will charge the second card if the first card is rejected for any reason in order to collect the full Fan Payment.
The payment provider may take (i) periodic payments from your payment card for Fan Payments that are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments that are not Subscriptions (including for example, any tips that you pay to a Creator). You expressly authorize and consent to each of these payments being debited using the payment card details that you provide to us.
Aside from free-trial Subscriptions, all Subscriptions to a Creator's profile will renew automatically at the end of the relevant subscription period unless your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" option. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" setting.
If you cancel a Subscription you will continue to be have access to view the relevant Creator's Content until the end of the subscription period in which you canceled, and no further payments will be charged to or taken from your payment card in respect of subscriptions to that Creator's profile thereafter (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
You agree that you will not make unjustified, invalid, or unwarranted refund requests relating to any Fan-Creator Transaction or tip, or any unjustified chargeback request to your payment card provider in relation to any Fan-Creator Transaction or tip. If we determine that you have made any refund request or chargeback request in bad faith, we reserve the right to suspend or delete your User account.
5. Suspension of your User account: If we exercise our right to suspend your User account pursuant to the Terms of Service, any payments which would have otherwise been due during the suspension period will be suspended until your User account is reinstated.
Terms of Service for Creators
Effective date: December 14th, 2024
By accessing or using this Site as a Creator, you agree to the following terms, which form part of your agreement with FanRealm and which are in addition to the Terms of Service for all Users.
1. Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
"VAT" means applicable value added tax and any similar or equivalent tax or other tax imposed in addition to value added tax, or applicable director or indirect tax, charge, duty, impost or levy in any other relevant jurisdiction; and
"Tax" includes all forms of tax and statutory, governmental, state, federal, provincial, local or municipal charges, contributions, duties, levies, withholdings, or liabilities wherever applicable in any jurisdiction.
2. Your use of the Service is also governed by other terms and by using our Service, you affirm that you agree to be bound by such additional terms, including the following:
Our Terms of Service for all Users;
Our Privacy Policy;
Our Acceptable Use;
The Fan-Creator Contract (Note that this does not form part of your agreement with us, but it does govern and establish the applicable terms for each Fan-Creator Transaction that you enter into on the Service); and
Our Terms of Service for Fans will also apply if you also interact with or use the Service as a Fan.
3. Fees Charged to Creators. The Company charges a fee of 19% of all Fan Payments made to you, excluding any VAT (“Our Fee”). The remaining 81% of the Fan Payment excluding any VAT is payable to you as a Creator ("Creator Revenues"). Our Fee includes the costs of maintaining, operating, and providing access to the Service and storing Content. Our Fee is deducted from the Fan Payment, and Creator Revenues are paid to you as detailed below.
4. Setting up your Creator account: To set up your Creator account, you will need to:
Upload a valid form of government-issued ID (passport, driver’s license, ID Card) and a photo of you holding that ID.
Add bank account or payment details and/or a payment method.
Select one of the available methods provided by the Service regarding how your Creator Revenues will be transferred to you.
If you are registered for VAT in Canada, you may need to provide us with your valid Canada VAT number.
Submit additional information as may be required depending on the country, state and/or province where you live.
Set your subscription price for your Fans if you want to offer or to your Fans a subscription fee.
5. Creator’s personal legal responsibility. Only individuals are permitted to be Creators. Each and every Creator is personally bound by the Terms of Service. If you have an agent, representative, agency, manager, management company, or other third party (each a “Representative”) which or assists you with or facilitates the operation of your Creator account, you remain personally responsible for your compliance with all the terms set forth in these Terms and in the Terms of Service, as well as the compliance of such Representatives. Our relationship is with you, and not with any Representative or other third party, and you will personally bear full legal responsibility for ensuring that all Content posted and all use of your account complies with the Terms of Service.
6. Fan-Creator Transactions. This section describes the terms which apply to Fan-Creator Transactions:
All Fan-Creator Transactions are contracts entered into by and between the Fan and the Creators only and are subject to the terms established in the Fan-Creator Contract. Note that FanRealm is NOT a party to the Fan-Creator Contract, nor are we a party to any other contract which may exist or which may be formed by or between any Fan and Creator. We are not responsible for any Fan-Creator Transaction or the performance or nonperformance of any terms in the Fan-Creator Contract or any other contract between a Fan and a Creator.
Fan Payments do not include VAT, which will be added at the then current rate applicable to Fan Payments.
When you receive confirmation that a Fan-Creator Transaction has been confirmed, you are responsible for performance and must perform your part of such Fan-Creator Transaction by allowing the Fan to view the relevant Content on your Creator account or providing the customized Content that the Fan has paid for (or such other performance obligation as may be applicable). You expressly agree that you will indemnify us and hold us harmless for any breach of this obligation by you and you will solely be responsible for any loss or damage (including loss of profit) that we may suffer in connection with or as a result of your failure to comply with this obligation.
7. The following terms apply to any and all Content that you post, display, upload, or publish on the Service as a Creator:
Your Content is not confidential or privileged.
You authorize your Fans to view, interact with, and access your Content on our Service for any lawful purpose and for their own personal use, and in accordance with any and all licenses granted by you to your Fans.
You warrant that, for each and every item of Content that you post, display, distribute, disseminate, upload, or publish on or through the Service:
the Content complies with the User Terms of Service;
you hold all necessary rights to deal in and/or license the Content on the Service, including in each jurisdiction in which your Fans are based and in Canada;
you are the owner of your Content (and all intellectual property rights in or to such intellectual property) or you hold a valid license to offer and provide the Content to Fans;
in cases where your Content uses, incorporates, or includes any material owned by a third-party, you have secured all rights, licenses, consents, and releases required for the use of the third-party intellectual property in your Content and have secured the same for the subsequent use and exploitation of such Content on the Service; and
the Content is as you described and is (a) of quality that is satisfactory quality, accounting for any description of such Content, price, and all other relevant details and circumstances including without limitation any representation, description, or statement regarding the Content or the nature thereof or in any advertising; and (b) reasonably suitable for the purpose that the Fan communicated to you as the purpose for which such Fan plans to use or is using the Content.
You agree to act as responsible party for and custodian of all records relating to any Content that you upload to the Service.
You agree that you will be liable to us and will indemnify us if any warranty made or given herein is untrue, and you understand and agree that you will be personally responsible for any and all losses and damages that we may suffer (including loss of profit) in relation to or as a result of any such warranty being untrue.
We will not be and are not responsible for, nor do we endorse any element of any Content that you or any other User posts or shares on or through the Service. We are under no obligation to monitor, review, or approve any Content and we have no direct control over what your Content is composed of or what is included in it.
8. Advertising: The following terms apply if you post, distribute, or upload Content to your Creator account that is designed to promote a third-party’s goods, services, or image in exchange for payment, self-promotional benefits, or any other valuable consideration, or self-promotional purposes, including advertising, sponsorship, marketing, and product placement, (collectively, "Ad Content").
You agree that you will ensure that any Ad Content that you upload or post to your Creator account does not: (i) disrespect or prejudice the human dignity of any other User or other person; (ii) promote or include discrimination against anyone based on ethnicity, race, gender, nationality, religion, disability, age, or sexual orientation; (iii) encourage behavior that is or may be prejudicial to health or the safety of any human or animal; (iv) encourage behavior that is or may be grossly prejudicial or adverse to the protection of the environment; (v) cause or pose significant risk of mental, moral, physical harm, or detriment to any person; (vi) urge any person to purchase or rent goods or services in a manner that exploits such person’s credulity or inexperience; (vi) encourage anyone to persuade others to purchase or rent goods or services; (vii) exploit any person’s trust in others; (viii) unreasonably demonstrate or depict any person in a dangerous situation; (ix) does not advertise tobacco products, electronic cigarettes, and/or electronic cigarette refill containers, illegal drugs, or any prescription-only medication; (x) does not advertise, facilitate, encourage, or promote illegal gambling; (xi) does not include any advertisement for or promotion of any alcohol or alcoholic drink being aimed at minors; and (x) does not encourage excessive or inappropriate alcohol consumption.
You agree that before uploading or posting any Ad Content to the Service, you will clearly disclaim and declare that any such Ad Content contains advertising and is for promotional purposes by including the signifier “#advertisement” in the caption to the Advertising Content.
9. Content that includes or features coauthors or other third-party participants. For any Content that you upload to your Creator account, which depicts or shows any person other than you (each a “Coauthor”), including without limitation Content in which such person cannot be identified from or in such Content ("Coauthored Content"), you represent and warrant that each and every Coauthor featured or shown in any such Coauthored Content that is uploaded to your account is either a Creator on FanRealm (and is therefore bound by these Terms and the Terms of Service), or is a consenting adult who has given such consent clearly and freely, and that you have affirmatively verified the age and identity of each such individual and you commit to provide supporting documentation to us upon request (which we may make in our sole and absolute discretion).
You further warrant that you have obtained and keep on record written consent from each individual shown in your Coauthored Content that such individual:
has given his or her express, prior, and fully informed consent to his or her appearance in the Coauthored Content; and
has consented to the posting of the Coauthored Content in which he or she appears on the Service.
You agree that if you upload Coauthored Content where Co-Author(s) in the Content maintain a Creator account on FanRealm, you will tag the FanRealm account(s) of the Co Authors who appear in the Coauthored Content.
You understand and acknowledge that you are solely responsible for obtaining the necessary licenses and/or consents from all Coauthors for any Coauthored Content is a work of joint authorship as required to authorize such Coauthored Content to be shared through, uploaded to, and/or made available on the Service.
You understand and agree that the Company will arrange for Creator Revenues to be paid only to the Creator account to which the relevant Coauthored Content was uploaded. The Creator who uploads the Coauthored Content is solely responsible for dividing and distributing any revenue generated from the Coauthored Content among the Co Authors appearing in such Coauthored Content. Any such revenue-sharing agreement will be an independent, private agreement between the Creator and such Coauthor (s). The Company is not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to receive any Creator Revenues from or in connection with any Coauthored Content that features or includes you if it is posted on another Creator’s account. If you post Coauthored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Coauthored Content. If you fail to provide any information requested by us upon our request, we may delete the Coauthored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Revenues earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from or in connection with Coauthored Content. You agree that all claims arising from Coauthored Content must be made against the Creator(s) who posted the Coauthored Content and/or against the Coauthor.
10. Payouts to Creators:
All Fan Payments will be received by a third-party payment provider (the “Payment Provider”) selected and approved by us in our sole and absolute discretion. The Payment Provider will collect the Fan Payment and pay the Creator Revenues to your bank account based on the information that you have provided and subject to the Payment Provider’s terms and conditions.
In cases where we do not pay you through a Payment Provider, we will deduct our Fee from the Fan Payment(s) received and we will hold your Creator Revenues on your behalf.
The amount that you see in your ‘current balance’ in your FanRealm account is your Creator Revenues at the relevant time. All Fan Payments and Creator Revenues are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Fan Payments and Creator Revenues figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
If a Fan successfully seeks a refund or chargeback from their credit card provider concerning a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Revenues that you earned on the amount that was charged back or refunded.
Except for storing the payout options that you may provide to facilitate payment by direct bank transfer, we do not store any data that you disclose to us during registration of your payout options with any Payment Provider.
11. Withholding of Creator Revenues:
We reserve the right to withhold all or any portion of the Creator Revenues due and/or payable to you if:
we suspect that you have or may have breached any part of the Terms of Service;
you threaten or attempt to breach the Terms of Service or any portion thereof in a manner that we believe has caused or could cause serious consequences for FanRealm or another User (including any actual, potential, or possible loss caused to the Company or another User); or
we suspect that the Creator Revenues, or any portion thereof, result from or relate to any unlawful or fraudulent activity by you or the Fan who made the Fan Payment contributing to or creating the Creator Revenues,
If we withhold revenues as set forth above, we may do so for as long as we deem necessary to investigate the relevant actual, threatened, or suspected breach, unlawful activity, or fraudulent activity. If our investigation leads us to conclude, in our sole and absolute discretion, that (i) you have breached any part of the Terms of Service; (ii) you threatened or attempted to breach any the Terms of Service or any portion thereof in a way which has caused or could cause serious consequences for the Company or another User, and/or (iii) the Creator Revenues are connected to or result from a breach, unlawful activity, or fraudulent activity, we may determine that you have forfeited your Creator Revenues and may notify you of such.
We may also withhold all or any part of the Creator Revenues due and or payable to you if we receive, learn or notice that you have secured, encumbered, pledged, assigned, or otherwise permitted the placement of a lien on Creator Revenues. We have no duty to pay Creator Revenues to any third-party lienholder and we may withhold payment of Creator Revenues until such lien has been removed.
If we withhold or forfeit any of your Creator Revenues where we have a right to do so under these Terms of Use for Creators, we will have no obligation to you in respect of such Creator Revenues.
In the event that we withhold Creator Revenues or any portion thereof hereunder and we determine that such Creator Revenues or any portion thereof that we have withheld is unrelated to any breach of the Terms of Service or any suspected unlawful or fraudulent activity, then we may pay or we may arrange for you to be paid the portion of the Creator Revenues that we deem to be unrelated to such breach, unlawful activity, or fraudulent activity. Notwithstanding the previous sentence, you understand and agree that if we determine that your breach of the Terms of Service has or may cause loss for us, we may withhold all Creator Revenues, or a portion thereof, and we may set off such amounts to cover any losses that we have suffered in relation thereto.
If, upon completing our investigation, we determine that your Creator Revenues are forfeited, we will (unless prohibited by applicable law) use our best efforts to return any Fan Payments relating to forfeited Creator Revenues to the relevant Fans who paid such Fan Payments.
12. Promoting Tax compliance and VAT:
We are not liable for and do not offer you any advice concerning taxes and/or VAT. We recommend that all Creators obtain professional tax advice to ensure your compliance with local Tax and VAT rules that may be applicable to you based on your individual circumstances.
By using the Service as a Creator, you warrant that you will report and have reported to the relevant tax authority in your jurisdiction, the receipt of all moneys received by and payments made to you in connection with your use of the Service, as required by law.
By using the Service as a Creator you warrant that you have and will comply with all applicable tax laws and regulations. If you become aware of any non-compliance with respect to taxes in relation to you or your account or if any litigation, inquiry, or investigation is commenced against you in relation to or in connection with, or which may lead to, any occurrence of tax non-compliance, you agree that you will:
notify us by email to the email on the Contact Page of our website within 5 business days of the becoming aware of such Tax non-compliance or litigation, inquiry, or investigation; and
promptly provide to us via email with: the details of the steps that you have taken or are taking to resolve the tax non-compliance and the steps you are taking to prevent the non-compliance from happening again and such other information concerning the occurrence of the tax non-compliance as we may reasonably require.
You are solely and exclusively responsible for your own tax exposure and affairs. We are not responsible for assisting or advising you on your tax exposure or affairs and we will not be liable to you or any other party in relation to any general information provided on the Service or via email concerning tax, and we are not and will not be liable to you or any other party for any non-payment of tax by you.
We reserve the right to suspend, close, or terminate your account if we are notified of or become aware of any Tax non-compliance by you.
13. Canada VAT and Canada-Based Creators:
For the purposes of Canada VAT only, Creators are treated as providing their services to FanRealm, and not directly to Fans.
If you are a Creator registered for Canada VAT you will be treated, for VAT purposes, as charging FanRealm your Creator Revenues, together with and including the Canadian VAT at the then-current rate that is in force at the time of the Fan Payment;
You shall be solely responsible for payment of any and all VAT amounts paid to and or payable by you. You are advised to consult with a qualified tax advisor regarding VAT that is or may be applicable to you.
DISCLAIMER
FANREALM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” FANREALM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND ANY WEBSITE WITH WHICH IT IS LINKED. FANREALM DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. FANREALM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FANREALM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FANREALM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICE, EVEN IF FANREALM OR A FANREALM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANREALM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SERVICE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE ANY LAW OF ANY PROVINCE OR TERRITORY, WHICH PROVIDES OR STATES SIMILARLY AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Contact information
Email: support@fanrealm.net