Terms of Service
Effective date: November 30th, 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.
"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 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.
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.
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.
Users may post Content to our Service, including without limitation the following information:
Private messages; and
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.
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.
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 firstname.lastname@example.org for subscription cancellation.
We accept the following payment methods on our Site:
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).
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.
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.
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.
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.
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.