Welcome to FanBasis. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Address: 3425 Stallion Lane, Weston, FL, 33331
and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products.
Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you.These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action aiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER : EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on the Services located at www.fanbasis.com, send you an email, and/or notify you by some other means
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us
FanBasis takes the privacy of its users very seriously. For the current FanBasis ,
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at firstname.lastname@example.org.
You may be required to sign up for an account, select a password and user name (“FanBasis User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your FanBasis User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services and Products you obtain for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Content Creators must comply with all laws that relate to the Content Creator Services (as defined below)). If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.
You will not share your FanBasis User ID, account or password with anyone, and you must protect the security of your FanBasis User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your FanBasis User ID and account.
FanBasis connects those providing services (“Content Creators”) and those looking to acquire their services (“Clients”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Content Creator or Client, while if we use one of those specific terms, it only applies to that category of user.
FanBasis uses reasonable efforts to vet each potential Content Creator, including checking each Content Creator's background, identity, and following, before recommending a certain Content Creator to Clients. However, before receiving services from any Content Creator (“Content Creator Services”), Clients are responsible for making their own determinations that the recommended Conten Creator is suitable. FanBasis is only responsible for connecting Content Creators and Clients, and can’t and won’t be responsible for making sure that Content Creator Services are actually provided or are up to a certain standard of quality. FanBasis similarly can’t and won’t be responsible for ensuring that information (including credentials) a Client or Content Creator provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Client or Content Creator, and Content Creators aren’t our employees
Without limiting any of our rights, any request you submit through our Services may be rejected by us or by a Content Creator. If that happens more than once, we may terminate your access to our Services, remove or ban you (and any Services account you created or control), or take other appropriate action in our sole discretion, including terminating your license to use any Content (defined below).
Content Creators are independent contractors of Clients and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of FanBasis. FanBasis does not offer the Content Creator Services and does not employ individuals to perform the Content Creator Services. You hereby acknowledge that FanBasis does not supervise, direct, control or monitor the Content Creator Services and expressly disclaims any responsibility and liability for the Content Creator Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
Clients and Content Creators must not enter into separate agreements outside of FanBasis relating to Content Creator Services (“Outside Agreements”). If you do enter into any Outside Agreement we may terminate your FanBasis account, and you acknowledge that FanBasis is not a party to and isn’t responsible for enforcing any Outside Agreement.
From time to time, we may offer rewards or incentives for referring Content Creators to the Services. For details on current referral offers and related terms and conditions, please see our Referral Program
As part of the Services, you may receive communications through the Services, including messages that FanBasis sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want FanBasis to send you information regarding your account or transactions with us, which may include FanBasis using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from FanBasis, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from FanBasis . You agree to indemnify and hold FanBasis harmless from and agains any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including FanBasis') rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that FanBasis owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to FanBasis or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
By submitting User Submissions through the Services, you hereby do and shall grant FanBasis a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize FanBasis to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that FanBasis, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by FanBasis. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that FanBasis is not responsible for such risks
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that FanBasis is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release FanBasis, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Content Creator Services. Content Creator Services are made available by Content Creators to you for the fees set forth in their applicable profiles. Payment for such Content Creator Services are made following the billing procedures set forth below. We reserve the right to cancel your Content Creator Services request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from the Services for any reason. We reserve the right at any time to change our Content Creator Services fees upon posting on the Services or by other notice to you.
Products. Products are offered at the prices set forth by the creator offering the products or services, and you may choose to purchase Products through the www.fanbasis.com website or our mobile 7 applications. FanBasis may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event FanBasis needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. FanBasis is required by law to apply sales tax to orders to certain states. Purchased Products will be shipped to the shipping address of the order. Information about our return policy can all be found on our Frequently Asked Questions page. Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.
Texting Fees. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Products may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you (“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.
Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings , any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Subscription(s) at any time, go to account settings. If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR FANBASIS ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FANBASIS WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription.
Free Trials and Other Promotions Any free trial or other promotion that provides access to free Products or free Paid Subscriptions must be used within the specified time of the trial. You must stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at email@example.com.
Restrictions. No Content Creator may collect any information from or relating to Clients (“Client Information”), whether via the Services, in the course of performing Content Creator Services, or otherwise, beyond what is necessary to perform the Content Creator Services for the applicable Client from or about whom such Client Information was collected. Content Creators also must not use any Client Information beyond what is necessary to perform the Content Creator Services for such applicable Client. Upon the conclusion of the Content Creator Services for a Client (or otherwise upon the request of such Client or FanBasis), Content Creator must properly destroy all Client Information from or relating to such Client and make no further use of it whatsoever. Content Creators must collect, use, maintain, and transmit all Client Information in compliance with all applicable laws.
Registration. In order to participate on the Services, each Content Creator must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Services account and your use of our Services. You agree not create a Content Creator account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Agencies), or if you (and your parent or legal guardian, or an Agency, if applicable) have previously been removed or banned from the Services. You are responsible for maintaining the confidentiality of your Content Creator information, including your username and password. You are responsible for all activities that occur or in connection with your Content Creator account and you agree to notify us immediately of any unauthorized access or use of your Content Creator account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Content Creator account.
Content Creator age 16 or older. Content Creators who are at least 16 years old may register directly with the Services. By registering, you represent and warrant that: (A) you are at least 16 years old (and, if between 16 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms); (B) you are of legal age to form a binding contract; (C) you are (and if you are between 16 and 18 years old, your parent or legal guardian is) not barred from using the Services under the laws of the United States, your place of residence (and if you are between 16 and 18 years old, the place of residence of your parent or legal guardian), or any other applicable jurisdiction; and (D) you are (and if you are between 16 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Content Creator’s participation on the Services and will fully indemnify, defend, and hold harmless FanBasis for any failure to do so.
Parent or Legal Guardian of Content Creator, under age 16. Content Creators who are under 16 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that:
(A) he or she is the parent or legal guardian of the Content Creator and agrees to these Terms;
(B) neither the parent or legal guardian nor the Content Creator is barred from using the Services under the laws of the United States, the place of residence of the parent, legal guardian, or Content Creator, or any other applicable jurisdiction; and
(C) he or she is responsible for complying with all applicable laws and regulations relating to Content Creator’s participation on the Services and will fully indemnify, defend, and hold harmless FanBasis for any failure to do so.
Agencies. A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Agency”) may register a Content Creator (“Affiliated Content Creator”). By registering, the Agency represents and warrants for itself and each Affiliated Content Creator that:
(A) Agency is the authorized representative of the Affiliated Content Creator (and, if the Affiliated Content Creator is below the age of 18, is registering with any consent required of the Affiliated Content Creator’s parent or legal guardian as set forth above and agrees to these Terms;
(B) neither the Agency nor the Affiliated Content Creator is barred from using the Services under the laws of the United States, the place of residence of the Agency or any Affiliated Content Creator, or any other applicable jurisdiction; and
(C) Agency is responsible for complying with all applicable laws and regulations relating to Affiliated Content Creator’s participation on the Services under these Terms and will fully indemnify, defend, and hold harmless FanBasis for any failure to do so. To register Affiliated Content Creator as an Agency, please contact firstname.lastname@example.org
From time to time, a user may request Content Creator Services from you through the Services
[While we hope you will fulfill a request within 48 hours of receiving it, you may have up to seven days (at our sole discretion) to complete and upload the request Content. If you do not either: (i) accept the request and upload the Content; or (ii) decline the request; the request will expire and can no longer be fulfilled You may decline a request or otherwise refuse, in your discretion, to create or upload a Content if a user’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to record and upload to the Services the requested Content.]
We retain the right, in our sole discretion, to cancel any request from a user. No payment will be made to you for any declined, cancelled, or unfulfilled Content Creator Services.
Content will be vary from 15 minutes to 2 hours in Duration and will follow the general directions and requests of the User, while falling in line with the described experience. You will have sole discretion over the script and content of any Content Creator Services.Your response to the user’s request is your responsibility and at your discretion, subject to these Terms; however, users are usually happiest when at least the majority of their request is followed by a Content. If you complete a Content but do not follow the general directions and requests of the User, we will discuss with you an appropriate adjustment of the payment made to you
Business Content. If you are a resident of the United States, you may choose to offer Content Creator Services for promotion of a U.S. commercial entity, brand, or business ("Business") through the Services ("Business Services"). Except as noted, Business Services are Content Creator Services under these Terms.
Booking Fee. You set your own price for Content Creator Services and any other offering you choose to make available through the Services (each, a “Booking Fee”), provided that: (i) your price on the application for iOS must be an available Apple SKU; and (ii) where there is no identical Apple SKU, your price will be the Apple SKU that is closest to the price you set (e.g., Booking Fee of US$5.00 adjusted to US$5.99; Booking Fee of US$100.00 adjusted to US$99.99). In addition, the Booking Fee for Content Services must be at least US$5.00 (unless it is either US$0.00 or as otherwise agreed in writing by us). The Booking Fee excludes any service, transaction, or processing fees paid to FanBasis.
Fees. Other than with respect to an expired Content Creator Services request that you choose to fulfill (as set forth above and subject to these Terms, we will pay you 80% of the Booking Fee actually received by FanBasis for the Content Creator Services delivered to fulfill to a user’s request that you accepted through the Services, except that in the case of a Booking Fee paid through the App, we will pay you 80% of the amount actually received by FanBasis after subtracting any payment to or deduction by the application platform (e.g., Apple deducts a 30% commission from the Booking Fee) from the Booking Fee (“Net App Booking Fee”), (EXCEPT IN CASES OTHERWISE AGREED UPON IN WRITING BY FANBASIS)
Additional Representations and Warranties. You represent and warrant that:
(i) the Content Creator Services are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other type of payment due from FanBasis to you, to any third party, guild, union, management, or agent, or pursuant to any collective bargaining agreement, in connection with any Content Creator Services, payment from us to you, or the Services;
(ii) FanBasis is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with the Services; and
(iii) FanBasis is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes
Content Creator Payment. You agree to register with the third party payment provider selected by FanBasis, which we may change in our sole discretion. You may not use a payment provider other than the one selected by FanBasis. You will provide the payment provider any information required in order to receive payments via the payment provider. Any payments due to you from FanBasis will be made via the payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. FanBasis will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. Subject to the payment provider’s terms, payment will be made within approximately two weeks of receipt by FanBasis of the Booking Fee or Net App Booking Fee. You acknowledge and agree that FanBasis does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Other than with respect any payment to or deduction by the application. FanBasis will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by FanBasis. Unless otherwise agreed by FanBasis in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if FanBasis, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with the Services, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
Currency. Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.
Fundraising. If you identify any entity on your booking page or elsewhere on the Services as a charitable organization or a recipient of any funds that you are raising (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) the Services, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between FanBasis and the Charity, as we determine in our sole discretion.
FanBasis is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. FanBasis has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Client who believes that a Content Creator may be in breach of these Terms is not able to enforce these Terms against that Content Creator.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions , available at and FanBasis is not a party to any In-App Purchase.
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
Both you and FanBasis acknowledge that the Terms are concluded between you and FanBasis only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that FanBasis, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, FanBasis, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and FanBasis acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and FanBasis acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof
Warranty Disclaimer. FanBasis and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (FanBasis and all such parties together, the “FanBasis Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the FanBasis Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The FanBasis Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products, including any Content Creator Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the FanBasis Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY FANBASIS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE FANBASIS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO FANBASIS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the FanBasis Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account)and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without FanBasis' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with FanBasis and limits the manner in which you can seek relief from FanBasis. Both you and FanBasis acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, FanBasis' officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the FanBasis may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and FanBasis agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FanBasis, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of FanBasis, and you do not have any authority of any kind to bind FanBasis in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and FanBasis agree there are no third-party beneficiaries intended under these Terms.