Terms of service

Contents

Terms of Use for all Users

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

A. Introduction: These Terms of Use for all Users control your utilization of Fansofy and your concurrence with us.

B. Interpretation: In the Terms of Service:

  • We allude to our site as "Fansofy", including when gotten to through the URL www.fansofy.com or by means of any internet browser;
  • References to "we", "our", "us" are references to Phoenix technologies Limited, the administrator of Fansofy;
  • "Content" means any material uploaded to Fansofy by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  • "Creator" means a User who has set up their Fansofy account as a Creator account to post Content on Fansofy to be viewed by other Users;
  • "Fan" means a User who follows a Creator and is able to view the Creator's Content;
  • "Fan Payment" signifies any payment made by a Fan to a Creator, including payments for admittance to a Creator's Content, access live streams, reserve 1:1 voice calls or 1:1 video calls for association with the Creator, to secure new Content from the Creator, to buy in to the Creator's record, to utilize the fan communication work for the Creator, and any tips paid by a Fan to the Creator;
  • "Fansofy Referrer" means a user who participates in the Fansofy Referral Program;
  • "Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on Fansofy, which can be found here;
  • "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (1) these Terms of Use for all Users, (2) Terms of Use for Fans, (3) Terms of Use for Creators, (4) Privacy Policy, (5) Acceptable Use Policy, (6) Referral Program Terms, (7) Complaints Policy, and (8) Platform to Business Regulation Terms;
  • "User" means any user of Fansofy, whether a Creator or a Fan or both (also referred to as "you" or "your").

C. Who we are and how to contact us: Fansofy is operated by Phoenix technologies Limited. We are a limited company registered in England and Wales, with company registration number 13560062 and we have our registered office address at Phoenix technologies ltd, 71-75, Shelton street, Covent Garden, London WC2H 9JQ, United Kingdom.
To contact us with any questions about Fansofy, please email our support team at support@fansofy.com. If you are unable to contact us by email, please write to us at the following address: Phoenix technologies ltd, 71-75, Shelton street, Covent Garden, London WC2H 9JQ, United Kingdom.

D. How we may change the Terms of Service:> We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

  • to reflect changes in laws and regulatory requirements which apply to Fansofy and the services, features and programs of Fansofy where such changes require Fansofy to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
  • to address an unforeseen and imminent danger related to defending Fansofy, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Fansofy, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Fansofy.

E. We may make changes to or suspend or withdraw Fansofy: We may update and change Fansofy from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Fansofy, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Fansofy for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

F. Registering with Fansofy: To use Fansofy you must first register and create a User account on Fansofy. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Fansofy site for the composition of passwords. To register as a User:

  • You must be at least 18 years old, and you will be required to confirm this;
  • If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
  • You must not be barred from accessing our platform under any laws which apply to you.
  • If you do not meet the above requirements, you must not access or use Fansofy.

G. Your commitments to us: When you register with and use Fansofy, you make the following commitments to us:

  • If you previously had an account with Fansofy, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
  • You will make sure that all information which you submit to us is truthful, accurate and complete.
  • You will promptly update any of your information you have submitted to us as and when it changes.
  • You consent to receive communications from us electronically, including by emails and messages posted to your Fansofy account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
  • You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@fansofy.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  • You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
  • You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Fansofy.

H. Rights we have, including to suspend or terminate your account:

  • We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
  • It is our policy to suspend access to any Content you post on Fansofy which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@Fansofy.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
  • If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Fansofy account, but we are not obligated to give you prior notice of such removal.
  • We reserve the right in our sole discretion to terminate your agreement with us and your access to Fansofy for any reason by giving you 30 days’ notice by email or electronic message to your Fansofy account. We can also suspend access to your User account or terminate your agreement with us and your access to Fansofy immediately and without prior notice:
    • If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or
    • if you attempt or threat to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Fansofy.
  • Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Fansofy for you to be able to access your Content following termination of your account.
  • We can investigate any suspected or alleged misuse, abuse, or unlawful use of Fansofy and cooperate with law enforcement agencies in such investigations.
  • We can disclose any information or records in our possession or control about your use of Fansofy to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
  • We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your Fansofy account.
  • Other than Content (which is owned by or licensed to Creators), all rights in and to Fansofy and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
  • We are the sole and exclusive owners of any and all anonymised data relating to your use of Fansofy and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

I. What we are not responsible for: We will use reasonable care and skill in providing Fansofy to you, but there are certain things which we are not responsible for, as follows:

  • We do not authorize or approve Content on Fansofy, and views expressed by Creators or Fans on Fansofy do not necessarily represent our views.
  • We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
  • Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Fansofy, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Fansofy.
  • All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Fansofy. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
  • You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of Fansofy and that if you choose to do so, you do so entirely at your own risk.
  • We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Fansofy (including the Fansofy Referral Program).
  • The materials which we make accessible on Fansofy for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
  • We do not promise that Fansofy is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Fansofy. You should use your own virus protection software.
  • We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Fansofy.
  • While we try to make sure that Fansofy is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
  • We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
  • You acknowledge that once your Content is posted on Fansofy, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which 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.

J. Intellectual property rights – ownership and licenses:

  • You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by subsection 10(b) below in any territory in which Fansofy is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
  • You agree to grant us a license under 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 Fansofy. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
  • The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Fansofy, that we do not have to pay you for the license, and that we can grant a sublicense of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Fansofy, as well as to use your Content for other normal operations of Fansofy. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
  • Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
  • You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Fansofy. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

K. Twitter: Users have the facility to connect an active Twitter account to their Fansofy account and to share certain Content in the form of Fansofy posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter's terms of service from time to time in respect of any Content shared in this way.

L. Linking to and from Fansofy:

  • Links to Fansofy:
    • You may link to the Fansofy homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
    • If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Fansofy or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Fansofy account by using Google Ads or any similar advertising platform or search engine advertising service.
  • Links from Fansofy: If Fansofy contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Fansofy, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

M. How do I delete my account?> If you want to delete your Fansofy account then you may do so in the 'User Account' section of your Fansofy account.

  • If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
  • If you are a Creator, then once you initiate the "delete account" process your account will remain open until the last day of your Fans' paid subscription period, following which you will receive your final payment and your account will be deleted.
  • If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).
  • Once your account has been deleted you won't be charged any further amounts or have access to your former Fansofy account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Fansofy for you to be able to access your Content following termination of your account.

N. Who is responsible for any loss or damage suffered by you?

  • Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
  • If you are a consumer User: If you are a consumer User, you agree that:
    • We and our subsidiary companies, 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 or in connection with your use of Fansofy.
    • If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
  • If you are a business User: If you are a business User, you agree that:
    • We and our subsidiary companies, employees, owners, representatives, and agents:
      • exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Fansofy or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
      • won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
        • your inability to use Fansofy or any of its services, features or programs; or
        • your use of or reliance on any content (including Content) stored on Fansofy;
    • won't be liable to you for any:
      • 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;
    • won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Fansofy or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
    • won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
    • won't 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”);
    • won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

General: You agree that:

  • If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
  • If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
  • We reserve all rights not expressly granted to you.
  • No implied licenses or other rights are granted to you in relation to any part of Fansofy, save as expressly set out in the Terms of Service.
  • Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
  • You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
  • Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
  • The Terms of Service form the entire agreement between us and you regarding your access to and use of Fansofy, and supersede any and all prior oral or written understandings or agreements between us and you.

P. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning Fansofy (including those arising from or relating to your agreement with us) can be brought:

For consumers (Fans):

  • Consumers - Law:
    • If you are a consumer, your agreement with us is governed by English law and English law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
  • Consumers - where claims must be brought:
    • If you are a consumer resident in the United Kingdom or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the courts of England and Wales or the courts of the country where you live.
    • If you are a consumer resident outside of the United Kingdom or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of England and Wales.

For business Users (Creators and Referring Users):

  • Business Users – Law:
    • If you are a business User, your agreement with us, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by English law, without regard to conflict of law provisions.
  • Business Users - where claims must be brought:
    • If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.

Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Fansofy (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.

Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:

  • Terms of Use for Fans – which contain additional terms which apply if you use Fansofy as a Fan;
  • Terms of Use for Creators – which contain additional terms which apply if you use Fansofy as a Creator;
  • Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
  • Acceptable Use Policy which applies to all Users and tells you what you can and can’t do on Fansofy;
  • Referral Program Terms – which outline the terms that apply if you participate in the Fansofy Referral Program;
  • Complaints Policy - which sets out the procedure for making a complaint about any aspect of Fansofy, and how we will deal with that complaint; and
  • Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union or the United Kingdom.

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section Q.1 to Q.7 above, the Terms of Use for all Users will apply to the extent of the conflict.