Terms of Use

By using Fanlist you are agreeing to our Terms of Use. Please read our rules carefully. If you don’t agree to our Terms of Use, please don’t use Fanlist.

We may change these Terms at any time. By using Fanlist on or after the effective date, you are agreeing to our full Terms. If you don’t agree to them, you should discontinue the use of Fanlist, otherwise, your continued use of Fanlist will be subject to the new Terms.

These Terms apply to the use of the Fanlist (the “Platform”, the “Service”, or “ Fanlist”), and constitute a contract between you and Fanlist (the “Company”). Any audio, video, sound, text, graphics, or other materials sent, received, uploaded, or stored in Fanlist is collectively referred to as “User Content”.

Creators

“Creators” are Users on Fanlist who create and use a Fanlist Fan Page. The Terms outlined in this section are specific to “Creators” on our Platform.

Stripe Connect

Payment processing services, fees, and monetary payouts from Fanlist, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement. Stripe is its own separate company, and Fanlist is not responsible for the services and performance of Stripe. By agreeing to these terms and continuing to use Fanlist, users agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

As a condition of Fanlist enabling payment processing services through Stripe, you agree to provide Fanlist accurate and complete information about you and your business, and you authorize Fanlist to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.

Account Fees

Fanlist may charge Platform Fees, in the form of subscription fees, processing fees, transaction fees, and add-on fees, to Creators for the use of the Fanlist Platform. More information about when Account Fees apply and how they are calculated can be found on our marketing website and support center.

Any applicable Account Fees (including any applicable Taxes) will be displayed to the User prior to activating any paid services. Fanlist reserves the right to change the Account Fees at any time and will provide Members adequate notice of any fee changes before they become effective.

Cancellation and Refunds

Fanlist does not provide refunds on Platform Fees. You are able to cancel your paid services at any time. When you do cancel, your account be downgraded to a free service, if available, after your existing subscription expires.

Disputes with Fans

Fanlist provides a safe way for Fans to donate and support Creators. Fanlist uses Stripe, our payment processing vendor, to help manage credit card transactions, fraud, disputes, and refunds. Every Creator who accepts money on Fanlist must set up their own Stripe Connect account.

Fanlist does not guarantee, or can not be held liable, for any claims, promises, warranties, or guarantees a Creator makes for Fan donations, tips, membership subscriptions, perks, and purchases.

If at any time there’s a dispute, Creators must resolve that dispute independently with the Fan. Creators can optionally process refunds through their Stripe dashboard, and refunds are totally at the Creator’s own discretion. Fanlist is purely a platform to help facilitate transactions between Fan and Creator, and we can not help mediate disputes between Fans and Creators using Fanlist.

Fans

“Fans” are Users on Fanlist who interact with Creator Fan Pages. The Terms outlined in this section are specific to “Fans” on our Platform.

Sharing Fan Information With Creators

When Fans take actions on a Creator fan page, including actions like, but not limited to, submitting messages, liking, saving, following, subscribing, donating, supporting, tipping, purchasing, etc, we share the Fan’s information with that fan page owner and team members.

This information includes, but is not limited to, any details provided by the Fan, including full name, display name, email address, Twitter handle, Instagram handle, website, fan bio, etc.

By using Fanlist, a Fan agrees that this information will only be shared with Creators they engage with. If a Fan does not want to share their information with Creators, they should discontinue using their account.

Submitting Messages on Fan Pages

When Fans submit audio or text messages on Creator fan pages, you are giving the Creator, full rights and permission to use your message on whatever platform they choose, including, but not limited to, podcasts, websites, social media accounts, apps, radio, TV, etc.

You are solely responsible for any User Content you post on Fanlist. All User Content submitted to the Fanlist, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Any licensing or royalties on your User Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your User Content, or on Fanlist hosting of that Content.

Fan Donations, Subscriptions, Purchases, and Disputes

Fanlist does not guarantee, or can not be held liable, for any claims, promises, warranties, or guarantees a Creator makes for Fan donations, tips, membership subscriptions, perks, and purchases.

If at any time there’s a dispute, Fans need to contact the fan page Creator to resolve that dispute. Creators can optionally process refunds through their Stripe dashboard, and refunds are totally at the Creator’s own discretion. Fanlist is purely a platform to help facilitate transactions between Fan and Creator, and we can not help mediate disputes between Fans and Creators using Fanlist.

All Users

The Terms outlined below are for all “Users” who create an account on Fanlist.

Creating an Account

Fanlist is only for people 18 or older. Persons of any age can browse Fanlist. By registering for an account on Fanlist, you affirm that you are over the age limit effective for your country of residence, or old enough to form a binding contract where you live. If we learn that someone under the minimum allowed age is using Fanlist, we will terminate their account.

Don’t impersonate any other person’s identity or podcast, violate anyone else’s rights, or choose names that are offensive. Users registering for an account must represent themself. If you don’t follow these rules, we will terminate your account.

You’re responsible for all the activity on your account, and for keeping your username and password confidential. You may not select or use the identity of another person with the intent to impersonate that person. You must use a valid email address, and Fanlist reserves the right to verify this at any time

We don’t allow shared accounts. If you find out that someone has used your account without your permission, you should report it to support@fanlist.com and create a more secure password immediately. Fanlist will not be liable for any loss or damage arising from your failure to comply with the above requirements.

We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.

You are responsible for your use of Fanlist, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you on Fanlist.

Privacy and Personal Data

When delivering the Service, Fanlist will collect and process personal data about you and your use of the Service. By using the Service, you agree that Fanlist can use your personal data in accordance with our Privacy Policy and in accordance with the consent you have given us.

Communication

Fanlist may need to send you information about the Service, such as important announcements and administrative messages, by email, text, website announcement, or other means of communication.

Fanlist may send you promotional information by email, text, website announcement, or other means of communication. You may choose to opt into receiving such communication and can manage your consent in the platform.

Integrations

We may make available functionality allowing you to integrate other services (“Integration Service”) into Fanlist. Usage of such services will be governed by the Terms applicable to the Integration Service used.

When using Fanlist or third-party integrations to Fanlist, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Fanlist of the contents of such third-party websites. Fanlist excludes any responsibility for the content of linked third-party websites.

Intellectual Property Rights

All rights, title to, and interest in the Service (excluding User Content) are and will remain the exclusive property of Fanlist. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable, and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.

The trademarks, logos, domain names, and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Fanlist Nothing in the Terms grants you the right to use any such marks.

You are solely responsible for the User Content you post on Fanlist. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Any licensing or royalties on your User Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your User Content, or on Fanlist hosting of that Content.

The Digital Millennium Copyright Act (DMCA) lays out a system of legal requirements for dealing with allegations of copyright infringement. Fanlist complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and our intellectual property rights policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers. We do this at our sole discretion.

Termination

You may stop using our Platform, by contacting Fanlist at support@fanlist.com, to request account deletion. Fanlist also reserves the right to terminate your account. Users are not entitled to refunds upon termination due to breach of these Terms.

Disclaimer of Warranty

Fanlist provides the Service to you “as is”. You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied.

The Service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. Fanlist makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance, and quality of the Service.

Fanlist will from time to time have to carry out updates and maintenance of the Service, due to technical, security, or operational reasons, during which time the Service might be unavailable. Fanlist will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

Limitation of Liability

Fanlist shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.

Indemnity

You agree to indemnify, defend, and hold harmless Fanlist, our subsidiaries, affiliated companies, officers, directors, employees, contractors, representatives, agents, third-party providers, and partners from all claims, liabilities, damages, causes of action, losses, costs or debt, and expenses (including reasonable attorney’s fees) that arise from your use of the Service in breach of the Terms or applicable laws. Fanlist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Fanlist in asserting any available defenses.

Partial Invalidity

If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions, and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Force Majeure

Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation, or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

Assignment

Fanlist is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

Choice of Law and Dispute Resolution

The Terms shall be governed by and interpreted in accordance with United States law. Any dispute, controversy, or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United States courts

Restrictions on Content and Use of Fanlist

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process, and governmental request. We reserve the right to report illegal activity to applicable local authorities. We can enforce our terms to protect our rights, our property, or the safety of our users and the public.

Prohibited User Content includes content which:

is offensive, such as user content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
displays or links to pornographic, sexually explicit or any other indecent material;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work;
infringes on other’s trademarks, copyright or legal rights;
solicits passwords or personal data from other users;
violates the rights of or harms or threatens the safety of other users;
shares personal information about others, without their consent;

Any use of any User Content or materials posted on Fanlist is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on Fanlist, or endorse any opinions expressed on Fanlist.

You understand that by using Fanlist, you may be exposed to User Content that might be offensive, harmful, inaccurate, inappropriate, or in some cases, User Content that has been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content generated or made available on Fanlist.

You may not do any of the following while using Fanlist:

probe, scan, or test the vulnerability of Fanlist systems, code, or network;
breach or circumvent any security or authentication measures;
access, search, or scrape Fanlist by any means (automated or otherwise) other than through our currently available interfaces that are provided by us;
interfere with, or disrupt, the access of any user, host or network;
script the creation of User Content in such a manner as to interfere with the normal operations of Fanlist or its users.

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