Fanstler, a Wyoming limited liability company (“Company”), owns and operates www.fanstler.com and all affiliated websites and mobile versions (“fanstler”), a social media website and application service that allows creators to upload photos and videos to their profile and set prices for access to that content (“Creator(s)”) and that allows fans to pay to access that content (“Fan(s)”). The term “You” or “User” refers to all users, whether Creators or Fans.
Please read the Terms of Service (“Terms”), a legal contract which governs your use of fanstler, including any content, functionality, and services offered on or through fanstler. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using fanstler, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use fanstler.
We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use fanstler after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing fanstler.
1. General Provisions
No Minors: fanstler contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access fanstler. If you do not meet these age requirements, you must not access fanstler and must leave now. The Company forbids all persons who do not meet these age requirements from accessing fanstler.
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). The Company only allows visual media of consenting adults for consenting adults on fanstler. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within fanstler, please promptly report this to the Company at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on fanstler or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
User Content: We do not own the media uploaded by Users on fanstler (“User Content”) and the views expressed by Users on fanstler do not represent the views of fanstler. All User Content transactions and interactions on fanstler are between Users and at no point does fanstler become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use solely as intended through the provided functionality of fanstler and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.
Rights Reserved by the Company: We reserve the right at any time and without notice to:
2. Accounts
Fans: To register and create an account on fanstler as a Fan, you must provide a valid email address, a username, and a password, or authenticate using a valid social media account. If you desire to purchase content on fanstler, you will need to add a valid payment method. fanstler does not store any payment information.
Creators: To register and create an account on fanstler as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. If you desire to sell content on fanstler, you will also need to add a verified bank account (checking or savings) or other approved payment method, and submit additional legal information, such as a W-9 if you are a resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire. With exception to those Creators seeking payment via direct bank wire, which is stored by our third-party payout processors, fanstler does not store any bank account information.
If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.
User Certifications: By registering on fanstler, you represent and warrant that:
Your Content: We may permit you to submit materials for publication on fanstler. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating fanstler and fulfilling the intent of these Terms. You hereby consent to (i) being depicted in any User Content you post on fanstler, and (ii) allowing the Company to publicly distribute any User Content you post on fanstler. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of fanstler, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential, and may be displayed on fanstler in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on fanstler, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to fanstler.
Co-Authored Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed.
You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.
Deactivation: If you wish to deactivate your fanstler account, you may select this option in your account settings.
3. Purchases and Payments
Purchasing Subscriptions: Fans who have added a valid payment method to their account may subscribe to a Creator’s content by clicking the “Subscribe” button on the Creator’s profile. If you purchase a subscription, you hereby authorize the Company to automatically charge the payment method on file on the first day of each billing period for the relevant subscription in a recurring manner until you cancel your subscription.
Wallets: We may allow you to prepay an allotment of funds to be stored in your wallet and used for subscriptions, pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and traditional payment methods. If an attempted purchase costs more than the amount of funds remaining in your wallet, we may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.
Trials: Creators may offer trials to Fans that are not subscribed to their content. If you purchase a trial, you will receive access to that Creator’s content at a discounted rate for the duration of the trial period. At the end of the applicable trial period, you will be charged the full price of the subscription at the beginning of each subscription period, until you cancel your subscription. To avoid any further charges, you must cancel before the end of the trial period.
Cancelling Subscriptions: Fans who have purchased a subscription may cancel any subscription at any time by turning off the “Auto-Renew” indicator located under the relevant Creator profile. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will be able to continue to access the Creator’s content until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.
Subscriptions Cancelled by the Company: If your payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
A la Carte Purchases and Tips: Fans who have added a valid payment method to their account may, in some instances, purchase Creator’s content a la carte or tip the Creator by clicking the “Purchase,” “Tip,” or some similar button on or near the Creator’s content. If you purchase content a la carte or tip a Creator, you hereby authorize the Company to automatically charge the payment method on file for the content.
Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with fanstler. Your payment information is stored by a third-party payment processor, such as CCBill. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Refunds: Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
Virtual Currency: We may allow Users to make purchases or receive payment on fanstler using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payout method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. We disclaim all risk of loss associated with virtual currency value fluctuations. Additional administrative fees may accompany virtual currency transactions.
Taxes Related to Purchases: If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs fees, value added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Taxes for Australian Sales: A Goods and Services Tax (“GST”) applies to all sales made to Australian consumers. fanstler specifically agrees to be responsible for the collection, reporting, and remittance of the GST associated with such sales to the Australian Taxation Office. The current rate of the GST in Australia is ten percent (10%) and is calculated as 1/11th of the gross sale made.
Billing Errors: If you believe that the Company has charged you in error, you must notify the Company in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to [email protected] and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
Selling Content: Creators earn eighty percent (80%) of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.
Referral Program: The Company may provide you with a unique referral URL that allows you to earn income from any new Creator who registers for a Creator account using the same browser that they used to click the referral link. Referral payments will be made in accordance with the terms published on fanstler. You will not use Google Ads, Facebook Ads, or any advertising service or platform to impersonate the Company with the intention to refer other Users.
4. Acceptable Use
Prohibited Uses: You agree that you will only use fanstler for purposes expressly permitted and contemplated by these Terms. You may not use fanstler for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
Violations of Prohibited Uses
Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of fanstler, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of fanstler or our computer systems violates these Terms and certain international, foreign, and domestic laws.
Additional Prohibited Uses for Creators
Creators must act in the best interests of the Company at all times, whether on fanstler, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from fanstler. If you are a Creator, you will not, without our express prior written authorization:
Reporting Violative Content and Activities
If you are aware of any content on fanstler or any User engaging in activities that violate these Terms, please email us at [email protected] with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.
Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
5. Third Party Websites
Twitter: fanstler allows Users to connect a Twitter account and to post auto-tweets. By using this feature, you must fully comply with and respect Twitter's terms of service, which can be read in full here: https://twitter.com/tos.
Links to fanstler: You may link to our homepage on your third-party social media accounts, 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.
Links to Third-Party Websites: fanstler may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites 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 on fanstler, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Intellectual Property Rights
Other than User Content, no right, title, or interest in or to fanstler or any content on fanstler is transferred to you, and all rights not expressly granted are reserved by us. Any use of fanstler not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of fanstler in breach of the Terms, your right to use or access fanstler will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.
7. Disclaimer of Warranties
By using fanstler, you acknowledge and agree as follows:
8. Limitation of Liabilities
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:
9. Releases
You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.
10. Exclusion of Damages
11. Complaints
fanstler is committed to promptly resolving, in good faith, all complaints and appeals.
12. Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
13. Indemnification
Indemnification Provision: You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: your access of fanstler; your conduct on fanstler, including any content you submit to fanstler; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.
Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.
Disputes
Governing Law: The laws of the state of Florida—without giving effect to any conflicts of law principles—govern all matters arising out of your use of fanstler or relating in any way to these Terms. The predominant purpose of these Terms is providing services and licensing access to intellectual property and is not a “sale of goods.” These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to fanstler or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Orange County, Florida. Each party hereby submits to the personal jurisdiction of the Florida courts located in Orange County, Florida to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum. For purposes of this section, fanstler will be deemed solely based in the state of Florida and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
Dispute Resolution: Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these Terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to fanstler or these Terms.
Litigation Election: Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.
Mediation: If the parties cannot settle a dispute arising out of or relating to fanstler or these Terms through negotiation after thirty (30) days, either party may, by notice to the other party demand that the dispute be mediated by a certified mediator in the state of Florida. If the parties cannot agree upon a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as otherwise provided in these Terms. Mediation will take place in Orange County, Florida, or in such other location as the parties mutually agree. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
Arbitration: If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to fanstler or these Terms by arbitration administered by American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. Unless the parties agree otherwise, the arbitration will take place in Orange County, Florida. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
Right to Injunctive Relief: Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to fanstler.
Recovery of Expenses: In any proceedings between the parties arising out of these Terms or relating to the subject matter of these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. “Prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
Jury Trial Waiver: Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to fanstler or these Terms. Either party may enforce this waiver up to and including the first day of trial.
Class Action Waiver: All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
Limitation on Time to Bring Claims: A party will not file a claim arising out of or relating to fanstler or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred.
Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and the Company about your access to fanstler. It supersedes all earlier or contemporaneous agreements between you and the Company about access to fanstler. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on fanstler will govern the items to which they pertain.
Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.
No Waivers: The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
Severability: The parties intend as follows:
that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, these Terms will be held unenforceable;
that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and
that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Notice to the Company: You may send notice to the Company by email at [email protected] unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on fanstler. Please check fanstler for the most current information for sending notice to the Company.
Notice to You: You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you, (2) a notification on your account, or (3) by posting the notice on a place on fanstler chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
Force Majeure: The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, epidemics, pandemics, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; and hacking, spam, or any failure of a computer, server, network, or software.
No Third-Party Beneficiaries: These Terms do not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.
Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on fanstler and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.
Electronic Communications Not Private: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use fanstler to send or receive messages you only intend the sender and named recipients to read.
Electronic Signatures: Any affirmation, assent, or agreement you send through fanstler will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
California Consumer Rights Information: If you are a California resident, you may contact Fanstler by email at [email protected] to resolve any disputes or to receive further information about fanstler. Users who want to gain access to the password-restricted area of fanstler must register. The Company does not charge consumers for registering, but the Company does charge for purchasing content or subscriptions.
English Language: The Company drafted these Terms in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to fanstler to [email protected]