Terms of Service

1. Licenses

1.1. License to Services. Fanctuary hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license to: (a) use the Services in accordance with these Terms; and (b) download and install an instance of the App onto your mobile device. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services. Further, you may not reproduce any part of the Services and any such violation with respect to the Services will terminate the license(s) granted herein.

1.2. Your Content; Usage Data. You hereby grant Fanctuary a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, fully transferable, irrevocable (except with respect to personal information to the extent required by applicable law) license and right to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process (“Process”) data, information, and other content and materials (including, but not limited to, text, messages, audio content, video, images, or other works) submitted by you when using the Services, or stored or otherwise Processed in connection with your use of the Services (“Your Content”) together with data concerning use or performance of the Services (“Usage Data”): (a) during any period in which you access or use the Services (including pursuant to an agreement between you and the creator of a Community), for the purpose of exercising Fanctuary’s rights and performing its obligations under these Terms and any agreement with the creator of that Community (including, without limitation, to provide the Services) and (b) in perpetuity, in a form that does not identify you as the source thereof and does not otherwise constitute personal information, to develop and improve Fanctuary’s products and services and for all other lawful business practices, such as analytics, benchmarking, and reports.

1.3. Disclaimer. You are solely responsible for ensuring that use of the Service to store and transmit Your Content is in compliance with all applicable laws and regulations. Fanctuary is under no obligation to edit or control Your Content that you post or publish, and will not be in any way responsible or liable for the foregoing. Fanctuary may, however, at any time and without prior notice, screen, remove, edit, or block any of Your Content that violate these Terms or that are otherwise objectionable in Fanctuary’s sole judgment.

For compliance, safety, legal, or policy reasons, Fanctuary may review, moderate, remove, restrict access to, or otherwise take action regarding Your Content. Any such review, moderation, or enforcement action does not constitute endorsement, approval, authorship, verification, control over, or assumption of responsibility or liability for any such content.

1.4. Direct Messages and Communications. Users and Creators may be able to send messages, direct messages, chats, or other communications through the Services. You acknowledge and agree that communications sent through the Services are not confidential as between you and Fanctuary. Fanctuary may access, review, store, monitor, disclose, or use such communications as reasonably necessary to operate, provide, maintain, secure, and improve the Services; enforce these Terms and Fanctuary’s policies; investigate suspected fraud, abuse, harassment, illegal activity, safety issues, or policy violations; respond to user reports, disputes, payment issues, or auction-related matters; comply with applicable law, legal process, or governmental requests; and protect the rights, safety, and property of Fanctuary, Users, Creators, and others.

2. Eligibility

You must be at least 18 years of age to use our Services or have the consent of a parent or legal guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age or you are at least 13 years old and have obtained verifiable consent from a parent or legal guardian to access the Services; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations.

3. Ownership; Trademarks; Submissions; Operation of the Service

3.1. Ownership. The Services as well as any materials provided, contained in or made available for use in connection with the Services (collectively, the “Fanctuary Materials”) are protected by law, including, but not limited to United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Fanctuary Materials, including any and all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Fanctuary Materials belong to Fanctuary or its third-party licensors. The compilation of all content, including the look and feel of the Services, is the exclusive property of Fanctuary. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as Fanctuary conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to the Services or any of the Fanctuary Materials to you. You may not, without the permission of Fanctuary, “mirror” any of the Fanctuary Materials on any other server. Any unauthorized use of any of the Fanctuary Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.

3.2. Trademarks. The trademarks, service marks, and logos, including but not limited to Fanctuary’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Fanctuary Materials) are registered and unregistered Trademarks of Fanctuary or others. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Fanctuary Materials), without the written permission of the Fanctuary. Fanctuary’s Trademarks may not be used in any way without prior, written permission of Fanctuary. Fanctuary prohibits use of Fanctuary’s name or Trademarks as a “hot” link to any website unless Fanctuary first approves the establishment of such a link in writing.

3.3. Creator Deliverables and Intellectual Property. Unless otherwise expressly agreed in writing between a Creator and a User, as between the Creator and User, all copyrights, trademark rights, and other intellectual property rights in and to any content, work product, deliverables, materials, images, videos, audio, designs, names, logos, marks, or other works created, provided, or made available by a Creator through or in connection with the Services will remain with the applicable Creator or the Creator’s licensors. A User does not acquire any ownership rights in such materials merely by purchasing, subscribing to, bidding on, receiving, accessing, or participating in any Creator offering. If a User seeks ownership, assignment, transfer, or exclusive rights in any such materials, the User must negotiate such rights directly with the Creator in a separate written agreement. Fanctuary is not a party to, and assumes no responsibility or liability for, any dispute between a Creator and a User regarding the ownership, transfer, scope, use, infringement, or validity of any copyright, trademark, or other intellectual property rights.

For the avoidance of doubt, a User who purchases a Physical Good acquires ownership only of the tangible item itself. The Creator identified in the applicable listing is the sole contractual seller, and title to the Physical Good passes directly from that Creator to the purchasing User in accordance with Section 14.6. Title does not pass to or through Fanctuary at any time.

Unless the Creator and the User enter into a separate written agreement expressly identifying the rights granted, the sale of a Physical Good does not transfer, assign, or license any copyright, trademark, design right, right of privacy or publicity, name, image, likeness, or other intellectual property or proprietary right embodied in or otherwise associated with the Physical Good.

3.4. Creator License to Fanctuary. As between Fanctuary and the applicable Creator, the Creator retains all copyrights, trademark rights, and other intellectual property rights in and to any content, work product, deliverables, materials, images, videos, audio, designs, names, logos, marks, or other works created, submitted, uploaded, provided, displayed, performed, transmitted, or otherwise made available by the Creator through or in connection with the Services, including any Creator offering, Community, subscription offering, auction, event, experience, meeting, or other creator-based product or service.

By creating, submitting, uploading, providing, displaying, performing, transmitting, or otherwise making available any such content, work product, deliverables, materials, images, videos, audio, designs, names, logos, marks, or other works through or in connection with the Services, the Creator hereby grants Fanctuary a worldwide, non-exclusive, royalty-free, fully paid, non-transferable license, with no right to sublicense except to Fanctuary’s service providers, contractors, vendors, payment processors, hosting providers, marketing partners, and other third parties acting on Fanctuary’s behalf solely as necessary to operate, provide, maintain, improve, promote, advertise, or market Fanctuary and the Services, to use, reproduce, display, perform, distribute, transmit, publish, store, host, modify, adapt, create derivative works from, excerpt, promote, advertise, market, and otherwise exploit such materials, in whole or in part, solely for purposes of operating, providing, maintaining, improving, developing, promoting, advertising, and marketing Fanctuary, the Services, the applicable Creator, the applicable Creator offering, any Community, auction, event, experience, meeting, or other transaction or activity made available through or in connection with the Services. This license includes the right for Fanctuary to use the Creator’s name, username, likeness, profile image, biography, descriptions, Creator page, offering descriptions, public posts, previews, samples, thumbnails, screenshots, clips, excerpts, and other materials made available by the Creator through the Services for promotional, marketing, advertising, operational, safety, compliance, technical, and administrative purposes in connection with Fanctuary and the Services.

Fanctuary’s use of such materials does not transfer ownership of any copyrights or other intellectual property rights from the Creator to Fanctuary. Nothing in these Terms requires Fanctuary to use, promote, display, advertise, or market any Creator, Creator Content, Creator Deliverable, Creator offering, Community, auction, event, experience, meeting, or other materials. Fanctuary may remove, restrict, modify the display of, or discontinue use of any such materials at any time in accordance with these Terms, Fanctuary’s policies, applicable law, or the operational needs of the Services.

The Creator represents and warrants that the Creator owns or otherwise has all rights, licenses, permissions, and consents necessary to grant the foregoing license to Fanctuary and that Fanctuary’s use of such materials as permitted under these Terms will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other rights of any third party. Nothing in this Section makes Fanctuary a party to any separate agreement between a Creator and a User regarding ownership, assignment, transfer, exclusive rights, or other intellectual property rights in any Creator Deliverables.

3.5. Submissions. All submissions, suggestions, ideas, and other feedback regarding the Services (the “Submission”), except your personal information, communicated to Fanctuary including through the Services, is and shall become the sole and exclusive property of Fanctuary. Fanctuary is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Fanctuary endeavors. Fanctuary will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Fanctuary, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. Fanctuary has the right but not the obligation to monitor and edit or remove any activity or content in accordance with our Privacy Policy. Fanctuary takes no responsibility and assumes no liability for any content posted by you or any third party.

3.6. Operation of the Services. The Services are controlled and operated by Fanctuary from its offices within the United States. Fanctuary makes no representation that any of the Services or Fanctuary Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Fanctuary’s Services are intended solely for users located in the United States and for activities directed to the United States market. Fanctuary does not represent or warrant that the Services are appropriate, available, or compliant with laws or regulations outside the United States.

Fanctuary does not use algorithms or similar automated systems to provide preferential treatment, enhanced visibility, ranking manipulation, or promoted placement for Creator Content, User Content, Creators, Users, Communities, or other posts or offerings, except to the extent expressly disclosed by Fanctuary or required for ordinary technical operation, safety, compliance, fraud prevention, or legal purposes.

4. User Conduct

4.1. Prohibited Conduct of User. As a specific condition of your use of any of the Services, you explicitly agree not to, and not to permit any third party to: (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to Fanctuary computer systems or networks connected to Fanctuary, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

4.2. Identity Verification / ID Check for Fanctuary Events. For events, experiences, meetings, or other activities hosted, sponsored, organized, or otherwise designated by Fanctuary, Fanctuary may require identity verification, age verification, ticket confirmation, check-in procedures, or presentation of a valid government-issued identification. You agree to comply with any such verification, security, access, or event procedures requested by Fanctuary. Failure to comply may result in denial of entry, cancellation of participation, removal from the event, suspension of access, or other action permitted under these Terms, without refund except as required by applicable law.

4.3. No Unauthorized Recording. Creators and Users may not record, photograph, screenshot, capture, livestream, broadcast, reproduce, publish, distribute, post, share, or otherwise make available any meeting, video call, audio call, chat, event, experience, handshake, one-on-one interaction, or other communication or interaction made available through or in connection with the Services, whether online or offline, without the prior express consent of all participants.

This prohibition applies to audio recordings, video recordings, screen recordings, screenshots, transcripts, summaries generated from recordings, livestreams, and any other form of capture or reproduction, whether made through the Services, a third-party application, a device, or any other method.

Each Creator and User is solely responsible for obtaining all legally required consents before recording or capturing any communication or interaction. Fanctuary does not consent to, authorize, or assume responsibility for any recording, capture, publication, distribution, or other use of any such communication or interaction by any Creator, User, or third party.

Any violation of this Section may result in removal of content, cancellation of the applicable meeting, event, experience, auction benefit, or transaction, suspension or termination of access to the Services, withholding or reversal of Creator earnings or User payments to the extent permitted by these Terms, Fanctuary’s policies, payment processor rules, or applicable law, and any other action available to Fanctuary under these Terms or applicable law.

Nothing in this Section limits Fanctuary’s right to access, review, monitor, store, disclose, or use communications and related materials as described in these Terms for purposes of operating, providing, maintaining, securing, and improving the Services; enforcing these Terms and Fanctuary’s policies; investigating suspected fraud, abuse, harassment, illegal activity, safety issues, policy violations, payment issues, or auction-related matters; complying with applicable law, legal process, or governmental requests; or protecting the rights, safety, and property of Fanctuary, Users, Creators, and others.

4.4. Prohibited Conduct During Meetings, Events, and Interactions; Reporting and Immediate Disconnection. Creators and Users must conduct themselves in a respectful, lawful, safe, and appropriate manner in all meetings, video calls, audio calls, chats, direct messages, events, experiences, handshakes, one-on-one interactions, and other communications or interactions made available through or in connection with the Services, whether online or offline.

Without limiting any other provision of these Terms, Creators and Users may not engage in any conduct that is unlawful, abusive, threatening, harassing, discriminatory, defamatory, obscene, sexually explicit, sexually suggestive, hateful, degrading, intimidating, coercive, violent, fraudulent, invasive of privacy, or otherwise inappropriate. Prohibited conduct includes, without limitation, discriminatory statements or conduct based on race, color, religion, sex, gender, gender identity, sexual orientation, national origin, ancestry, age, disability, veteran status, or any other protected characteristic; insults, personal attacks, bullying, or humiliation; unwanted sexual comments, advances, requests, gestures, images, or conduct; threats of harm; stalking; doxing; solicitation of illegal activity; and any conduct that Fanctuary determines may create a safety, legal, reputational, operational, or policy concern.

Fanctuary may provide reporting, blocking, interruption, termination, or emergency-disconnection tools or procedures that allow Creators, Users, or Fanctuary to report, pause, disconnect, end, restrict, or otherwise interrupt any meeting, call, chat, event, experience, handshake, one-on-one interaction, or other communication or interaction through or in connection with the Services.

If Fanctuary receives a report, detects, or reasonably suspects that a Creator or User has engaged in prohibited conduct, Fanctuary may, with or without prior notice, immediately disconnect, terminate, pause, restrict, suspend, or otherwise block the applicable meeting, call, chat, event, experience, handshake, one-on-one interaction, communication, account, transaction, auction benefit, payment, payout, or access to the Services, in whole or in part. Fanctuary may also review available communications, reports, recordings or other evidence submitted by participants, platform logs, payment records, account information, and other relevant information as reasonably necessary to investigate the matter, enforce these Terms, protect Users and Creators, comply with applicable law, and protect the rights, safety, and property of Fanctuary and others.

Fanctuary is not required to determine conclusively whether prohibited conduct occurred before taking immediate protective, safety, moderation, payment, or access-control measures. Any such action may be taken based on Fanctuary’s reasonable judgment, including where Fanctuary determines that immediate action is necessary or appropriate to prevent harm, address a safety or legal concern, enforce these Terms or Fanctuary’s policies, preserve evidence, prevent further misconduct, or protect the integrity of the Services.

A Creator or User whose access, meeting, transaction, auction benefit, payment, payout, or account has been disconnected, restricted, suspended, cancelled, withheld, or otherwise affected under this Section may submit an objection or request for review by contacting Fanctuary at support@fanctuary.co within fourteen (14) days after notice of the action, or within such other period stated by Fanctuary. The objection should include the applicable account information, transaction or meeting details, a description of the issue, and any supporting materials. Fanctuary may review the objection in its discretion and may affirm, modify, or reverse its prior action. Fanctuary is not obligated to provide any particular outcome, reinstate access, complete any transaction, release any payment, or provide any refund except as required by applicable law or expressly provided in these Terms.

Nothing in this Section limits Fanctuary’s rights under these Terms to remove content, restrict access, suspend or terminate accounts, cancel transactions or participation rights, withhold, reverse, refund, or release payments, cooperate with law enforcement, comply with legal process, or take any other action permitted by these Terms, Fanctuary’s policies, payment processor rules, or applicable law.

4.5. In-Person Events; Venue Rules; Assumption of Risk; Waiver. Certain Creator offerings, auction benefits, meetings, handshakes, experiences, events, or other activities made available through or in connection with the Services may involve in-person attendance or interaction between Creators, Users, Fanctuary personnel, venue personnel, or other third parties.

You acknowledge and agree that in-person events and interactions involve inherent and unpredictable risks, including, without limitation, risks of personal injury, illness, emotional distress, harassment, unwanted contact, property loss, theft, damage to personal property, delays, cancellations, crowd-related risks, transportation-related risks, and the acts or omissions of Creators, Users, venues, venue personnel, security personnel, service providers, vendors, and other third parties.

To the fullest extent permitted by applicable law, you voluntarily assume all risks arising out of or relating to your attendance at, participation in, travel to or from, or interaction with any Creator, User, venue, event, experience, meeting, handshake, one-on-one interaction, or other in-person activity made available through or in connection with the Services.

Fanctuary may arrange, designate, reserve, or use third-party venues, including hotels, event spaces, studios, meeting rooms, restaurants, conference facilities, or other locations. Unless expressly stated in writing by Fanctuary, Fanctuary does not own, lease, manage, maintain, inspect, supervise, or control any third-party venue, premises, equipment, furniture, fixtures, parking area, common area, building system, entrance, exit, or surrounding area. Fanctuary is not responsible for any defect, unsafe condition, security failure, maintenance issue, accessibility issue, or other condition of any third-party venue or premises, except to the extent liability cannot be waived or limited under applicable law.

You agree to comply with all event rules, venue rules, security procedures, check-in requirements, identification requirements, age-verification requirements, staff instructions, posted rules, and other procedures established by Fanctuary, the venue, security personnel, or other authorized personnel. Fanctuary may require bag checks, restrictions on personal items, clear-bag policies, limits on food or beverages, restrictions on computers, cameras, recording devices, gifts, or other items, and prohibitions on weapons, hazardous materials, illegal substances, or any item that Fanctuary or venue personnel determine may create a safety, legal, operational, reputational, or policy concern.

Fanctuary may deny entry, remove any person, cancel participation, suspend or terminate access, cancel any transaction or benefit, or take any other action permitted under these Terms if Fanctuary determines, in its sole discretion, that a person fails to comply with applicable rules or procedures, presents a safety or security concern, lacks required identification or authorization, attempts to bring prohibited items, engages in prohibited conduct, or otherwise creates a legal, safety, operational, reputational, or policy concern.

To the fullest extent permitted by applicable law, you, User or Creator, release, waive, discharge, and agree not to sue Fanctuary and its directors, officers, employees, agents, contractors, affiliates, service providers, and representatives for any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to your attendance at or participation in any in-person event, experience, meeting, handshake, one-on-one interaction, or other activity, including claims arising from ordinary negligence, except to the extent such claims cannot be released or waived under applicable law, including claims arising from Fanctuary’s gross negligence, willful misconduct, or fraud.

Nothing in this Section limits any rights you may have under applicable law that cannot be waived by contract.

4.6. Minors at In-Person Events. If Fanctuary permits a minor to attend or participate in any in-person event, experience, meeting, handshake, one-on-one interaction, or other activity, the minor must be accompanied at all times by a parent or legal guardian, unless Fanctuary expressly states otherwise in writing. The parent or legal guardian is responsible for supervising the minor, ensuring the minor’s compliance with these Terms and all event and venue rules, and remaining in the area designated by Fanctuary or the venue.

Fanctuary may require a parent or legal guardian to sign additional consents, releases, waivers, assumption-of-risk acknowledgments, permission forms, or other documents before a minor may attend or participate. Fanctuary may deny or terminate a minor’s participation if the required parent or legal guardian is not present, fails to provide required documentation, refuses to comply with Fanctuary’s procedures, or if Fanctuary determines that participation may present a safety, legal, operational, reputational, or policy concern.

Fanctuary may require that any interaction involving a minor occur only in an open, monitored, staff-visible, or otherwise controlled area, and may prohibit or restrict private, unsupervised, or one-on-one interactions involving minors.

4.7. Security Procedures; No Background Checks. Fanctuary may, but is not required to, implement safety, trust, security, identity-verification, age-verification, ticket-confirmation, SMS verification, check-in, bag-check, staff-monitoring, incident-reporting, or other screening or security procedures for the Services or for any event, experience, meeting, handshake, one-on-one interaction, auction benefit, or other activity.

You acknowledge and agree that any such procedures are limited administrative, operational, safety, and compliance measures only. They do not guarantee safety, prevent all misconduct, verify all information provided by any Creator or User, or constitute a background check, criminal history check, employment screening, endorsement, certification, approval, supervision, control, or assumption of responsibility by Fanctuary for any Creator, User, venue, vendor, or other third party.

Unless Fanctuary expressly states otherwise in writing, Fanctuary does not conduct criminal background checks, sex-offender registry checks, identity-history checks, employment-history checks, reference checks, or other background investigations on Creators, Users, bidders, purchasers, attendees, guests, venue personnel, vendors, or other third parties.

You are solely responsible for using reasonable care, judgment, and precautions in deciding whether to interact with, meet, communicate with, attend an event with, or engage in any transaction involving any Creator, User, venue, vendor, or other third party. To the fullest extent permitted by applicable law, Fanctuary disclaims responsibility and liability for the acts, omissions, statements, conduct, criminal history, background, suitability, safety, or qualifications of any Creator, User, bidder, purchaser, attendee, guest, venue, vendor, or other third party.

5. Third-Party Software; Third-Party Content; Third-Party Materials; Community Terms

5.1. Third-Party Software. The software you download in connection with the App may consist of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.

5.2. Third-Party Content. The Services may contain links to or from third-party websites. Fanctuary has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Fanctuary is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by Fanctuary.

5.3. Third-Party Materials. You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Fanctuary, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Third-Party Materials, at your sole risk. Fanctuary will not have any liability to you for any Third-Party Materials that may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable.

5.4. Community Terms. Part of the Services includes enabling certain third parties to form communities (each, a “Community”), and to make these Communities available to others on the Services. In order to access any Community, you must first agree to that Community’s terms and conditions and privacy notice (“Community Terms”). By participating in any such Community or by accepting the Community Terms, you thereby signify that you have read and agree to such Community Terms.

5.5. Child Sexual Abuse and Exploitation. We prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior involving minors, you can use the in-line report feature on the Website or App. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If we confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.

5.6. Community and Platform Guidelines. Creators and Users who access or use the Services, including any fan club, Community, subscription offering, auction, event, or other creator-based offering through the Services, must comply with all guidelines, policies, rules, standards, and instructions established or made available by Fanctuary from time to time, including those relating to content, safety, legal compliance, user interactions, events, auctions, payments, and service delivery. Fanctuary may take any action permitted under these Terms, including removal, restriction, suspension, termination, cancellation of transactions or participation rights, or restriction of access to the Services, if any Creator or User fails to comply with such guidelines, policies, rules, standards, or instructions.

5.7. Creator Independent Contractor Status.

5.7.1. Independent Business Relationship. Creators acknowledge and agree that they use the Services as independent businesses and independent contractors, and not as employees, workers, agents, representatives, partners, joint venturers, franchisees, or fiduciaries of Fanctuary. Nothing in these Terms is intended to create an employment relationship between Fanctuary and any Creator. Creators are solely responsible for determining whether and how to offer, provide, price, perform, fulfill, suspend, modify, or discontinue any Creator content, offering, auction-related service, event participation right, one-on-one meeting, access right, experience, handshake right, or other benefit made available through or in connection with the Services.

When offering a Physical Good, a Creator acts solely in the Creator’s own name and for the Creator’s own account as an independent third-party seller. No Creator has authority to bind Fanctuary or to represent that Fanctuary is the owner, consignor, manufacturer, seller, exporter, importer, warrantor, or supplier of any Physical Good.

5.7.2. Control Over Manner and Means. Except for Fanctuary’s limited rights to operate the Services, process payments, enforce these Terms and Community Terms, maintain safety and security, prevent fraud and abuse, comply with law, and administer disputes, Creators retain control over the manner and means by which they create, schedule, communicate, perform, and deliver their own Creator offerings. Fanctuary does not prescribe the specific method, schedule, location, tools, process, technique, staffing, or performance details by which a Creator provides Creator offerings, and Fanctuary does not supervise or control the day-to-day performance of any Creator.

5.7.3. No Minimum Work, Exclusivity, or Continuing Obligation. Creators are not required to accept, create, post, list, perform, or fulfill any minimum number of offerings, hours, transactions, auctions, meetings, events, or services. Creators may use other websites, platforms, marketplaces, social media, agencies, representatives, payment services, or business channels, and may provide the same or similar content, services, access, experiences, events, or offerings to others, including outside the Services, unless the Creator separately agrees otherwise in a written agreement not involving Fanctuary.

5.7.4. Creator Pricing and Economic Opportunity. Unless otherwise expressly stated by Fanctuary for technical, compliance, payment-processing, consumer-protection, or platform-integrity reasons, Creators are responsible for setting or approving the prices, minimum bids, subscription levels, offering terms, availability, scope, and business terms of their Creator offerings. Creators bear the opportunity for profit and the risk of loss associated with their Creator offerings, including costs, chargebacks, refunds, taxes, equipment, software, internet access, personnel, production, preparation, travel, and other expenses.

Creators may modify the prices, subscription levels, minimum bids, offering terms, availability, and other business terms of their Creator offerings, subject to Fanctuary’s policies, technical limitations, payment processor requirements, and applicable law. Fanctuary may require advance notice to Users, cancellation rights, or additional consent before any price change or other material change applies to an existing subscription, recurring charge, or previously purchased offering.

Creator earnings are subject to Fanctuary’s applicable platform fees, payment processing fees, payout fees, commissions, refunds, chargebacks, taxes, offsets, withholding, and other deductions described in these Terms, Fanctuary’s policies, payment processor rules, or applicable law.

5.7.5. Creator Tools, Equipment, and Expenses. Creators are responsible for providing and maintaining, at their own expense, all equipment, devices, software, internet access, workspace, production materials, licenses, permits, insurance, personnel, and other resources necessary or appropriate to create, perform, and deliver their Creator offerings. Fanctuary does not reimburse Creators for such expenses.

5.7.6. Taxes and Legal Compliance; Third-Party Tax Documentation. Creators and Users are solely responsible for determining, reporting, filing, withholding, collecting, remitting, and paying all taxes, duties, assessments, fees, penalties, interest, and other governmental charges arising out of or relating to their access to or use of the Services, any amounts earned, received, transferred, paid, charged, refunded, credited, or paid out through or in connection with the Services, any purchases, subscriptions, bids, auction transactions, Creator offerings, events, experiences, or other transactions, and any goods, services, content, benefits, or rights provided, received, or made available through or in connection with the Services.

Creators located outside the United States may offer only plans whose purpose is the Creator’s posting of new content or provision of live-streaming services. Plans whose purpose is to provide access to or downloads of previously created or previously published works are prohibited.

A Creator located outside the United States may not create, submit, upload, publish, offer, or otherwise make available through the Services any post, plan, content, or other offering if any amount paid, credited, or otherwise made available in connection with it would constitute, in whole or in part, a royalty from sources within the United States or other consideration for the sale, assignment, license, use of, or right to use any copyright or other intellectual property in the United States.

Plans, posts, or other offerings whose purpose is to provide access to or downloads of previously created or previously published works are prohibited.

By creating, submitting, uploading, or publishing any post under a plan offered by a Creator located outside the United States, the Creator represents and warrants that:

(a) all services relating to the creation, preparation, and submission of the post are performed entirely outside the United States;

(b) any amounts paid, credited, or otherwise made available to the Creator in connection with the post constitute solely compensation for the Creator’s services performed outside the United States and do not constitute, in whole or in part, royalties, including royalties from sources within the United States, or other consideration for the sale, assignment, license, use of, or right to use any copyright or other intellectual property in the United States or elsewhere;

(c) the applicable post and plan are offered for the purpose of obtaining the Creator’s ongoing services in creating and posting new content, and not for the purpose of granting any User the right to commercially exploit, reproduce, distribute, publicly display, publicly perform, modify, adapt, sublicense, or otherwise use any copyright or other intellectual property;

(d) the post and the applicable plan do not provide access to or downloads of any previously created or previously published work; and

(e) the Creator will not create, submit, upload, publish, or offer any post or plan if any portion of the amounts paid in connection with the post or plan would constitute a royalty from sources within the United States or other consideration for the use of, or right to use, intellectual property in the United States.

Any access provided to a User is limited to personal, non-transferable viewing or receipt of newly created content as part of the Creator’s ongoing services and is incidental to those services.

These representations are made by the Creator and do not constitute a tax determination, tax classification, or tax or legal advice by Fanctuary.

To the fullest extent permitted by applicable law, Fanctuary is not responsible for determining, calculating, collecting, withholding, reporting, filing, remitting, or paying any taxes, duties, assessments, fees, penalties, interest, or other governmental charges on behalf of any Creator or User. Fanctuary is not responsible for determining any Creator’s or User’s tax status, tax residence, citizenship, source of income, beneficial ownership, eligibility for treaty benefits, eligibility for exemptions, withholding rate, reporting obligations, filing obligations, payment obligations, or liability for any tax, penalty, interest, assessment, or other governmental charge.

Fanctuary does not provide tax, legal, accounting, withholding, reporting, treaty, residency, source-of-income, or compliance advice. Creators and Users should consult their own tax, legal, and accounting advisors regarding their obligations in connection with the Services.

Fanctuary does not itself collect, verify, store, or maintain Creators’ or Users’ tax identification numbers, Social Security numbers, Employer Identification Numbers, foreign tax identifying numbers, IRS Forms W-8BEN, W-8BEN-E, W-9, 1099, 1042-S, or similar tax documentation, unless Fanctuary expressly states otherwise in writing or is required to do so by applicable law.

Except where necessary to comply with applicable law, payment processing, tax reporting, payout, fraud prevention, security, compliance, or other legitimate operational requirements, Fanctuary does not directly collect, verify, store, or maintain Creators’ or Users’ tax identification numbers, tax forms, or similar tax documentation.

Tax certifications, taxpayer identification information, withholding documentation, IRS Forms W-8BEN, W-8BEN-E, W-9, 1099, 1042-S, or similar tax documentation may be collected, verified, stored, processed, transmitted, filed, furnished, issued, corrected, or made available by Fanctuary’s third-party payment processors, payout providers, tax reporting service providers, or other third-party service providers, including Stripe, Payoneer, or other providers designated by Fanctuary. Creators and Users must provide such information and documentation directly to the applicable third-party provider if requested by that provider or if required to receive payouts, make or receive payments, complete transactions, or use certain features of the Services. A non-U.S. Creator or User who is required to submit an IRS Form W-8BEN must provide a valid and properly completed Form W-8BEN to the applicable third-party payment processor, payout provider, or tax reporting service provider and must renew or resubmit the form upon its expiration. A Form W-8BEN generally remains valid until December 31 of the third calendar year following the year in which it is signed, unless a change in circumstances causes any information on the form to become incorrect or invalid, in which case a new or updated form may be required earlier. Amounts payable to a non-U.S. Creator or User may be subject to U.S. federal income tax withholding at a rate ranging from zero percent (0%) to thirty percent (30%), depending on the type and source of the income, the Creator’s or User’s country of tax residence, the availability and applicability of an income tax treaty, the information and certifications provided, and applicable law. The submission of a Form W-8BEN does not guarantee eligibility for a reduced rate of withholding or exemption from withholding.

To the fullest extent permitted by applicable law, Fanctuary shall not be responsible or liable for any tax liability, additional withholding, underwithholding, overwithholding, tax assessment, penalty, interest, fine, loss, delay, denial or suspension of payout, loss of treaty benefits, reporting error, filing error, audit, investigation, or other adverse consequence arising out of or relating to any inaccurate, incomplete, false, misleading, outdated, expired, or improperly completed information, certification, representation, tax form, or other documentation provided or omitted by a Creator or User.

Each Creator and User is solely responsible for the accuracy, completeness, and validity of all tax-related information, representations, certifications, and documentation provided to Fanctuary or any third-party payment processor, payout provider, or tax reporting service provider, and shall bear all consequences resulting from any error, omission, misrepresentation, or failure to timely update such information or documentation.

Fanctuary may rely on the status, verification, tax-documentation status, withholding, reporting, payout eligibility, transaction eligibility, payout restrictions, transaction restrictions, and compliance determinations made or communicated by its third-party payment processors, payout providers, tax reporting service providers, or other third-party service providers. Fanctuary may refuse, suspend, delay, withhold, offset, reverse, or cancel payouts, earnings, payments, transactions, account access, Creator features, User features, or other amounts if a Creator or User fails to complete required tax documentation or verification with the applicable third-party provider, provides incomplete or inaccurate information to such provider, fails tax verification, or if Fanctuary or the applicable third-party provider determines that withholding, reporting, suspension, delay, reversal, cancellation, or additional documentation is required or appropriate.

To the fullest extent permitted by applicable law, Fanctuary is not responsible for filing, furnishing, preparing, issuing, correcting, or delivering any IRS Form 1099, Form 1042-S, withholding statement, tax return, information return, or other tax document to any Creator, User, tax authority, or governmental authority, except to the extent Fanctuary is expressly required to do so by applicable law. Any IRS Form 1099, Form 1042-S, withholding statement, tax return, information return, or other tax document may be prepared, filed, furnished, issued, corrected, delivered, or made available by Fanctuary’s third-party payment processors, payout providers, tax reporting service providers, or other third-party service providers, where required or permitted by applicable law.

Creators and Users are solely responsible for maintaining accurate and current tax, payment, payout, account, and contact information with Fanctuary and any applicable third-party provider. Creators and Users must promptly update the applicable third-party provider if any tax information, tax status, tax residence, address, taxpayer identification number, entity classification, beneficial ownership, certification, or other relevant information becomes inaccurate, incomplete, expired, or otherwise changes.

5.7.7. Tax Information Representations; Reimbursement and Indemnification. Each Creator or User who submits or is required to submit any Tax Information represents and warrants that all such Tax Information is true, correct, complete, current, and not misleading when submitted, and that such Creator or User is legally entitled to make each certification and claim each tax status, exemption, reduced withholding rate, treaty benefit, source-of-income classification, or other tax treatment reflected in such Tax Information. For purposes of this Section, “Tax Information” includes, without limitation, any tax-related information, form, certification, filing, statement, or representation provided to Fanctuary or any third-party payment processor, payout provider, tax reporting service provider, or governmental authority, including IRS Forms W-8BEN, W-8BEN-E, W-9, or similar forms; taxpayer identification numbers; names and addresses; tax residence and citizenship; beneficial ownership; entity classification; the source and character of any payment or income; treaty-benefit claims; exemption claims; and withholding-rate claims.

Each such Creator or User must promptly correct, renew, replace, or update any Tax Information that is inaccurate, incomplete, misleading, expired, invalid, or affected by a change in circumstances, and must provide any additional information or documentation reasonably requested by Fanctuary or an applicable third-party service provider for tax reporting, withholding, verification, audit, or compliance purposes.

To the fullest extent permitted by applicable law, if Fanctuary or any of its affiliates, directors, officers, employees, agents, or representatives incurs, becomes liable for, or is required to pay any Tax Losses arising out of or relating to: (a) any inaccurate, incomplete, erroneous, false, fraudulent, misleading, outdated, expired, omitted, or improperly completed Tax Information submitted or provided by or on behalf of a Creator or User; (b) any failure to submit, renew, correct, or timely update required Tax Information; (c) any incorrect certification or representation concerning tax residence, beneficial ownership, treaty eligibility, exemption eligibility, withholding rate, or the source or character of any payment or income; (d) any determination or allegation by the Internal Revenue Service or another governmental authority that a payment constitutes a U.S.-source royalty or other income subject to withholding, to the extent such determination or allegation arises out of or relates to Tax Information or representations provided by or on behalf of the Creator or User; or (e) any breach of this Section, the applicable Creator or User shall indemnify, reimburse, and hold harmless Fanctuary and the other foregoing persons from and against such Tax Losses.

For purposes of this Section, “Tax Losses” include, without limitation, any taxes or amounts that Fanctuary was required to withhold, collect, remit, or pay; underwithholding or additional withholding amounts; tax assessments and deficiencies; penalties; interest; fines; governmental charges; costs of preparing, correcting, amending, or refiling tax forms or information returns; reasonable attorneys’ fees, accountants’ fees, and other professional fees; audit and investigation expenses; and other losses, liabilities, costs, and expenses actually incurred by Fanctuary, without duplication. This reimbursement obligation will not apply to the extent a final, non-appealable determination establishes that the applicable Tax Losses resulted solely from Fanctuary’s gross negligence, willful misconduct, or fraud.

Fanctuary may deduct, withhold, reverse, set off, or recover any amount owed under this Section from any current or future earnings, balances, payouts, refunds, credits, or other amounts otherwise payable to the applicable Creator or User. If such amounts are insufficient, the Creator or User shall promptly pay the remaining amount upon Fanctuary’s written demand. The rights and obligations under this Section are cumulative and will survive the suspension or termination of the applicable account and the termination of these Terms.

Nothing in these Terms shall be construed as requiring Fanctuary to assume any tax reporting, withholding, filing, payment, collection, remittance, or advisory obligation on behalf of any Creator or User, except to the extent Fanctuary is expressly required to do so by applicable law.

5.7.8. Assistants and Subcontractors. Creators may use their own employees, assistants, representatives, agents, contractors, subcontractors, managers, production staff, or service providers to assist with their Creator offerings, provided that the Creator remains solely responsible for their acts, omissions, compensation, taxes, compliance, confidentiality, intellectual property rights, safety, and performance, and provided that use of such persons does not violate these Terms, any applicable Community Terms, Fanctuary policies, or applicable law.

5.7.9. Limited Platform Rights. Fanctuary’s right to review, moderate, remove, restrict, suspend, terminate, cancel, refund, withhold, delay, release, investigate, verify, or otherwise take action with respect to any Creator, User, content, offering, transaction, auction, event, payment, payout, communication, or account is exercised solely for platform operation, safety, trust and security, legal compliance, fraud prevention, payment processing, chargeback handling, policy enforcement, dispute administration, and protection of Fanctuary, Users, Creators, and others. Such limited rights do not create, and shall not be construed as evidence of, Fanctuary’s control over the manner and means of any Creator’s work or business.

5.7.10. No Benefits or Employment Rights. Creators are not entitled to, and Fanctuary will not provide, wages, salary, overtime, minimum wage, unemployment insurance, workers’ compensation, disability insurance, paid sick leave, paid family leave, health insurance, retirement benefits, vacation, expense reimbursement, stock options, severance, or any other employee benefits or employment-related rights, except to the extent such rights cannot be waived under applicable law.

5.7.11. Classification. The parties intend that Creators be treated as independent contractors to the fullest extent permitted by applicable law.

5.8. Agreements Between Creators and Users. Any agreement for products, content, or services provided by a Creator to a User is entered into directly between the Creator and the User. Fanctuary is not a party to any such agreement and is not responsible for the Creator’s performance, nonperformance, or provision of such products, content, or services.

6. Revision Date, Modifications; Suspensions and Terminations

These Terms are effective and were last updated as of the revision date at the beginning of these Terms.

Fanctuary may modify, update, supplement, or replace these Terms, any policies, guidelines, Community Terms, subscription terms, Creator offering terms, plan terms, fees, charges, commissions, payout rules, features, functionality, or other terms applicable to the Services from time to time in its sole discretion, subject to applicable law.

If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Your continued access to or use of the Services after the updated terms become effective constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Services and, where applicable, cancel your subscription or account before the changes take effect.

Fanctuary may also modify, discontinue, suspend, or change any plan, subscription, Creator offering, pricing structure, fees, commissions, payout terms, or other commercial terms, subject to any notice, consent, cancellation, or refund rights required by applicable law. For material changes to subscription fees or other recurring charges, Fanctuary will provide notice and any opportunity to cancel or other consent process required by applicable law before the change applies.

Fanctuary expressly reserves the right to terminate, suspend, modify, or discontinue any of the Services, or any portion thereof, at any time and for any reason, with or without notice to you, subject to applicable law.

7. DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) (“DMCA”) and the Services are subject to our DMCA Policy. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify us in accordance with that policy.

8. Disclaimers

THE SERVICES, FANCTUARY MATERIALS, AND ALL CONTENT THEREIN ARE PROVIDED BY FANCTUARY ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND FANCTUARY MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. FANCTUARY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

FANCTUARY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. FANCTUARY DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. FANCTUARY IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

9. Limitation of Liability

EXCEPT AS PROVIDED IN SECTIONS 11.5 (COMMENCING ARBITRATION) AND 11.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FANCTUARY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. FANCTUARY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED US$100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. Disputes with Third Parties

FANCTUARY IS NOT AFFILIATED WITH ANY THIRD-PARTY SERVICES ACCESSED OR MADE AVAILABLE ON THE SERVICE OR ANY THIRD PARTY USING THE SERVICE, INCLUDING OTHER USERS. ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY SERVICES OR OTHER THIRD PARTY USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY COMMUNITY OR A CREATOR OR USER OF A COMMUNITY, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY. YOU IRREVOCABLY RELEASE FANCTUARY FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. IN SUCH INSTANCE, YOU AGREE TO HOLD FANCTUARY HARMLESS AND RELEASE FANCTUARY FROM ANY ASSOCIATED CLAIMS. ANY COMMUNICATION ASSISTANCE, PAYMENT HOLD, PROPOSED RESOLUTION, TRANSACTION PROCESSING, REFUND, CREDIT, RELEASE OF PROCEEDS, OR OTHER ADMINISTRATIVE ACTION TAKEN BY FANCTUARY IN CONNECTION WITH AN AUCTION-RELATED DISPUTE DOES NOT MAKE FANCTUARY A PARTY TO THE TRANSACTION OR DISPUTE, AND DOES NOT CONSTITUTE A GUARANTEE, ENDORSEMENT, APPROVAL, VERIFICATION, OR ASSUMPTION OF RESPONSIBILITY FOR ANY CREATOR’S OR USER’S ACTS, OMISSIONS, CONTENT, SERVICES, PERFORMANCE, OR NON-PERFORMANCE.

11. Dispute Resolution; Binding Arbitration

11.1. Generally. Except as described in Section 11.2 (Exceptions) and 11.3 (Opt-Out), you and Fanctuary agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FANCTUARY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

11.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Fanctuary, Inc., Attention: Legal Department – Arbitration Opt-Out, 4310 Cameron St Suite 1 Las Vegas, NV, 89103 USA that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Fanctuary receives your Opt-Out Notice, this Section 11 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 12 (Governing Law and Venue). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

11.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267.

11.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Fanctuary’s address for notice is: Fanctuary, Inc., 4310 Cameron St Suite 1 Las Vegas, NV, 89103 USA. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fanctuary may commence an arbitration proceeding. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

11.6. Arbitration Proceedings. Any arbitration hearing will take place in the county in the State of California where you reside, unless we agree otherwise. If you do not reside in California, the arbitration hearing will take place in Los Angeles County, California, unless we agree otherwise. During the arbitration, the amount of any settlement offer made by you or Fanctuary must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

11.7. Arbitration Relief. Except as provided in Section 11.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction.

11.8. No Class Actions. YOU AND FANCTUARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fanctuary agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

11.9. Modifications to this Arbitration Provision. If Fanctuary makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fanctuary’s address for Notice of Arbitration, in which case your account with Fanctuary will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

11.10. Enforceability. If Section 11.8 (No Class Actions) or the entirety of this Section 11 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Fanctuary receives an Opt-Out Notice from you, then the entirety of this Section 11 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 12 (Governing Law and Venue) will govern any action arising out of or related to these Terms.

12. Governing Law and Venue

These Terms, your access to and use of the Services, and any claim or dispute you may bring against Fanctuary, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.

13. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

14. Delivery Policy

Fanctuary does not itself list, offer, sell, own, stock, or ship any Physical Good in its own name or for its own account. The Services may enable Creators, acting as independent third-party sellers, to offer Physical Goods and ship them directly to Users.

Sections 14.1 and 14.2 apply to digital products and digital services. Sections 14.3 through 14.9 apply to Physical Goods.

14.1. Digital Products. The Services provide digital content and digital access products, including access to subscriber-only content. For purposes of these Terms, a one-on-one online video meeting may also be treated as a digital product or service.

14.2. Subscriptions. Because subscription content becomes available immediately after you subscribe, delivery occurs upon purchase and activation of your subscription.

14.3. Physical Goods. “Physical Good” means a specifically identified item of tangible personal property offered by a Creator through an auction feature of the Services. The Creator identified in the listing is the sole contractual seller, and the successful bidder is the purchaser. Fanctuary is not a party to that sale and never acquires title to the Physical Good.

14.4. Seller Representations. By listing a Physical Good, the Creator represents and warrants that:

• (a) the Creator owns the Physical Good or has valid authority to sell it;
• (b) the Physical Good is authentic, lawful, safe, and free from any undisclosed lien or competing ownership claim;
• (c) the description, photographs, condition, defects, authenticity information, item location, and ship-from location are complete and accurate;
• (d) the Creator has all rights and permissions required to display and sell the Physical Good; and
• (e) neither the Physical Good nor its listing infringes any intellectual property, privacy, publicity, or other right of a third party.

14.5. No Intellectual Property License. The sale of a Physical Good transfers only the tangible item. It does not transfer or license any copyright, trademark, character right, design right, name, image, likeness, publicity right, or other intellectual property or proprietary right, except under a separate written agreement expressly identifying the rights granted.

14.6. Shipping and Passage of Title. The Creator is solely responsible for packaging and shipping the Physical Good directly to the purchaser.

Subject to any non-waivable applicable law, title to and risk of loss of the Physical Good pass directly from the Creator to the purchaser when the Creator delivers the Physical Good to the first carrier at the ship-from location disclosed in the listing. For a non-U.S. Physical-Goods Auction under Section 5.7.6, the ship-from location must be outside the United States.

Fanctuary never acquires title, custody, possession, or risk of loss. The Creator must use a trackable shipping method and retain proof of shipment.

14.7. International Shipping and Customs. The listing must state the ship-from country, shipping charge, estimated shipping time, and the party responsible for customs duties, import taxes, and similar charges.

Unless the listing lawfully states otherwise, the purchaser is responsible for import duties and taxes. The Creator is responsible for accurate export and customs documentation. Fanctuary is neither the exporter nor the importer of any Physical Good.

14.8. Shipment Delays and Refunds. The Creator must ship the Physical Good within the time stated in the listing and within any period required by applicable law. If the Creator cannot do so, the Creator must notify the purchaser and issue a refund when required by applicable law.

Any refund obligation relating to a Physical Good is the Creator’s obligation. Fanctuary may administratively process the refund from amounts payable to or recoverable from the Creator, without becoming the seller of the Physical Good.

14.9. Restricted Physical Goods. A Creator may not offer:

• (a) counterfeit, pirated, unlicensed, unauthorized, stolen, recalled, unsafe, or unlawfully acquired goods, or any goods for which the Creator fails, upon Fanctuary’s request, to provide information or documentation reasonably satisfactory to Fanctuary regarding authenticity, licensing, authorization, ownership, or lawful sale;
• (b) a figure or other item marketed or classified as R18 or adult-only, or depicting explicit sexual conduct;
• (c) a costume or other item that unlawfully reproduces or uses a third party’s character, artwork, logo, costume design, trademark, or other protected material, including any unlicensed or unauthorized reproduction or use of such material;
• (d) underwear, lingerie, bras, panties, socks, stockings, hosiery, or other intimate garments; or
• (e) any item containing bodily fluids, biological material, hazardous contamination, or an unsanitary condition.

A previously worn costume or pair of shoes may be offered only if it is lawful and non-infringing, is accurately identified in the listing as previously worn, and is professionally cleaned or otherwise cleaned to a commercially reasonable hygiene standard before shipment. The listing must accurately describe the item’s condition and state whether it has been cleaned or will be cleaned before shipment.

15. Non-Refund, and Unclaimed Property

15.1. Final Purchase. Except as required by applicable law or expressly provided in these Terms, bids and completed purchases are final.

With respect to a Physical Good, the Creator must provide a cancellation, replacement, or refund where required by applicable law or where the Creator fails to ship the item, lacks the right to sell it, ships a counterfeit item, or delivers an item that materially differs from the applicable listing.

Any such obligation is the obligation of the Creator as seller. Fanctuary may administratively process a refund, credit, chargeback, or offset from the Creator’s proceeds or reserve without becoming the seller or assuming title to the Physical Good.

15.2. Subscriptions. Subscription fees are non-refundable. You may cancel your subscription at any time to stop future charges, but we do not provide refunds or pro-rated credits for any unused portion of the then-current billing cycle. Your access will remain active until the end of the period for which you have already paid.

15.3. Creator Fees; Platform Fees; Payment Processing Fees; Payout Fees. Creators acknowledge and agree that Fanctuary may deduct, withhold, charge, or collect platform fees, payment processing fees, payout fees, commissions, and other applicable fees from amounts earned by Creators through or in connection with the Services. Unless otherwise stated by Fanctuary in writing, all such fees are charged to Creators and may be deducted from Creator earnings, transaction proceeds, balances, or payouts before any amounts are paid or made available to the applicable Creator.

Unless otherwise stated by Fanctuary in writing, the following fees apply:

• (a) Subscription Plan Sales. For sales of subscription plans, membership plans, fan club plans, Community plans, or similar recurring or plan-based offerings, Fanctuary will charge a platform fee equal to twenty-five percent (25%) of the gross amount of the applicable plan sale.
• (b) Auction Sales. For auction sales, winning bids, auction-related purchases, auction benefits, auction-based experiences, or similar auction transactions, Fanctuary will charge a platform fee equal to thirty percent (30%) of the gross amount of the applicable auction sale.
• (c) Payment Processing Fee. For each User order or transaction, Fanctuary may charge a payment processing fee equal to 2.9% of the applicable transaction amount plus $0.30. If the payment card or payment method used for the transaction was issued outside the United States, Fanctuary may charge a payment processing fee equal to 4.4% of the applicable transaction amount plus $0.30, or such other amount charged or required by Fanctuary’s payment processor or otherwise disclosed by Fanctuary.
• (d) Creator-Level Calculation. If a single User order includes offerings from more than one Creator, payment processing fees may be calculated separately for each Creator based on the portion of the order attributable to that Creator. For example, if a User order includes a $10 offering from Creator A and a $20 offering from Creator B, the applicable payment processing fee may be calculated separately on the $10 portion attributable to Creator A and on the $20 portion attributable to Creator B.
• (e) Payout Fee. When Fanctuary transfers, releases, pays out, or makes available amounts to a Creator through Stripe, Payoneer, or any other payment processor, payout provider, bank, financial institution, or payment method designated or approved by Fanctuary, Fanctuary may charge a payout fee equal to 1.5% of the payout amount plus $0.25, capped at $50 per payout.
• (f) Changes to Fees. Fanctuary may modify, add, remove, or update any platform fee, payment processing fee, payout fee, commission, or other fee at any time, subject to applicable law and any notice required under these Terms or applicable law. Updated fees may apply to transactions, earnings, balances, or payouts occurring after the effective date of the updated fee terms.
• (g) Gross Amount; Taxes; Refunds; Chargebacks. Unless otherwise stated by Fanctuary in writing, fees may be calculated based on the gross transaction amount before deduction of taxes, refunds, chargebacks, credits, discounts, payment processor fees, currency conversion fees, payout fees, or other amounts. Fanctuary may deduct, withhold, reverse, offset, or recover fees, refunds, chargebacks, taxes, withholding amounts, tax assessments, tax deficiencies, penalties, interest, fines, payment processor charges, reimbursement or indemnification amounts owed under Section 5.7.6, or other amounts from any current or future Creator earnings, transaction proceeds, balances, payouts, refunds, credits, or other amounts otherwise payable to the Creator, to the extent permitted by these Terms, Fanctuary’s policies, payment processor rules, and applicable law.
• (h) No Separate Money Transmission or Custodial Service. Any deduction, withholding, calculation, transfer, release, or payout of amounts under this Section is made solely as part of Fanctuary’s administrative platform, payment processing, fraud prevention, compliance, chargeback handling, and payout functions, and does not create a deposit account, stored value account, escrow account, fiduciary relationship, trust relationship, money transmission relationship, or custodial relationship between Fanctuary and any Creator.

15.4. Creator Earnings; Rounding and Fractional Amounts. Creator earnings, payouts, revenue shares, or other amounts payable to Creators may be calculated by Fanctuary in increments smaller than one U.S. cent for internal accounting and transaction-processing purposes. Unless otherwise stated by Fanctuary, such amounts may be calculated up to the third decimal place of one U.S. dollar ($0.001).

Because payment processors, financial institutions, and payout systems generally process transactions only in whole U.S. cents, Fanctuary may round down or floor Creator earnings to the nearest U.S. cent ($0.01) prior to payout, settlement, or crediting. Any fractional amount below one U.S. cent resulting from such rounding or floor calculation may be retained, offset, aggregated, adjusted, or otherwise handled by Fanctuary for accounting, operational, technical, processing, reconciliation, compliance, or administrative purposes.

15.5. Unclaimed Property / Dormant Funds. For purposes of these Terms, “Unclaimed Property” refers to any funds or payments due to you from Fanctuary, including both Creator and User funds, that remain unclaimed, inactive, or otherwise uncollected for a period specified under applicable U.S. state unclaimed property laws.

Funds may be considered unclaimed if, for a continuous period of approximately two (2) years:

• the account holder has not logged in to the Fanctuary account;
• the account holder has not withdrawn, claimed, or directed payment of available funds;
• Fanctuary has not received any communication or inquiry from the account holder regarding the account or funds; or
• payout attempts to the designated payment method, bank account, or Stripe Connect account fail due to inactivity, closure, or invalid account information.

Fanctuary may, at its sole discretion, attempt to remit such unpaid amounts to the most recently designated payout account or payment method. If Fanctuary is unable to complete payment, Fanctuary may comply with applicable unclaimed property laws, including reporting and remitting such funds to the relevant governmental authority.

You are responsible for maintaining accurate and current contact, tax, and payout information, and for monitoring your Fanctuary account and communications. Fanctuary does not guarantee delivery of funds to outdated, inactive, or invalid payment accounts. Nothing in these Terms limits Fanctuary’s rights or obligations under applicable state or federal unclaimed property laws.

16. Auctions

16.1. Platform Role and Nature of Auctions. Fanctuary provides a platform that enables Creators to offer auctions and enables Users to place bids through the Services. Fanctuary is not the seller, auctioneer, organizer, broker, agent, sponsor, or principal of any auction, auction item, auction-related right, event, service, or transaction conducted through the Services. Fanctuary does not host or conduct auctions on behalf of Creators or Users.

All auctions conducted through the Services are solely between the applicable Creator and the participating bidder, successful bidder, purchaser, or User. Fanctuary does not guarantee, supervise, control, manage, endorse, or assume responsibility for any auction procedure, auction operation, bidding activity, auction rules, auction result, auction outcome, fulfillment, performance, legality, quality, safety, accuracy, timing, delivery, Creator conduct, User conduct, or any dispute arising from or relating to any auction or auction-related transaction. To the fullest extent permitted by applicable law, Fanctuary disclaims all liability arising out of or relating to any auction conducted through the Services.

16.2. Auction Participation and Eligible Payment Methods. To participate in auctions through the Services, you must use a payment method approved by Fanctuary or its payment processor that is capable of supporting authorization holds and timely capture of payment. Eligible payment methods may include credit cards, Apple Pay, or other payment methods approved by Fanctuary or its payment processor. Unless expressly approved by Fanctuary, ACH, bank transfer, or other payment methods that do not support authorization holds and timely payment capture may not be used for auction bidding.

You are responsible for ensuring that your payment method remains valid, authorized, and available during the auction and through completion of any related transaction.

16.3. Authorization Holds and Payment Capture. When you place a bid in an auction, Fanctuary or its payment processor may place a temporary authorization hold on your eligible payment method to verify payment availability. An authorization hold does not necessarily constitute a completed charge.

If you are the successful bidder, Fanctuary or its payment processor will attempt to capture the applicable payment from your eligible payment method. Unless otherwise stated by Fanctuary, actual payment will be processed only if you are the successful bidder.

16.4. Failure to Complete Payment. If Fanctuary or its payment processor is unable to complete payment from the successful bidder’s eligible payment method within the time period specified by Fanctuary, Fanctuary may, in its sole discretion, cancel the successful bid and award the applicable auction item, right, access, experience, event participation right, meeting right, handshake right, or similar benefit to the next eligible bidder.

Fanctuary may provide a payment completion period of one (1) day and may retry payment approximately every twelve (12) hours during that period. Fanctuary may modify the timing, retry process, or payment completion procedures from time to time in its sole discretion.

16.5. Finality of Bids and Auction Purchases. Because of the nature of auctions, all bids placed and all auction purchases, including any goods, services, access, experiences, event participation rights, meeting rights, handshake rights, or other rights or benefits purchased through an auction, are final, binding, and non-refundable.

Except in the case of a technical failure of Fanctuary’s systems or as otherwise required by applicable law, you may not cancel, withdraw, or revoke a bid or an auction purchase once submitted.

16.6. Tied Bids. In the event of tied bids in the same auction, the bid received first, as determined by Fanctuary’s systems and records, will have priority and may be treated as the winning bid over later bids in the same amount. Fanctuary’s systems and records will be used to determine the time of bid submission.

16.7. Delivery and Fulfillment of Auction Purchases. For non-physical auction benefits, the Creator and the successful bidder are solely responsible for coordinating performance or delivery.

For a Physical Good, the Creator is solely responsible for packaging, shipping, tracking, customs documentation, and fulfillment in accordance with Section 14. Fanctuary may require proof of shipment or delivery and may condition or withhold payout pending fulfillment or resolution of a dispute. Such administrative action does not make Fanctuary the seller or cause title to pass to Fanctuary.

16.8. Third-Party Payment Processing; No Money Transmission Services. Payments, authorization holds, payment captures, refunds, credits, payouts, and other payment-related transactions made through or in connection with the Services may be processed by third-party payment processors, including Stripe or other providers designated by Fanctuary. Fanctuary does not provide money transmission, money transfer, stored value, banking, escrow, fiduciary, or custodial services.

Any temporary hold, delayed payout, payment review, refund processing, release of proceeds, or other payment-related action taken by Fanctuary is provided solely as an administrative platform function in connection with the Services, payment processing, fraud prevention, compliance, chargeback handling, or dispute administration. Nothing in these Terms creates a deposit account, stored value account, escrow account, fiduciary relationship, trust relationship, or money transmission relationship between you and Fanctuary.

To the extent funds are processed, held, released, refunded, or paid out in connection with an auction or other transaction, such activity is subject to the rules, procedures, and requirements of Fanctuary’s third-party payment processors and applicable law. Fanctuary may delay, withhold, reverse, refund, or release payments as permitted by these Terms, applicable payment processor rules, or applicable law.

16.9. No Resale or Transfer of Auction Rights. A meeting, appearance, access right, membership, service, or other non-physical auction benefit may not be transferred or resold unless the applicable listing expressly permits it.

After title to a Physical Good has passed to the purchaser, the purchaser may possess, transfer, or resell the tangible item to the extent permitted by applicable law. No such transfer or resale conveys any intellectual property, publicity, privacy, endorsement, or other non-tangible right associated with the Physical Good.

16.10. Auction Service Disputes. If a dispute arises between a Creator and a successful bidder regarding whether an auction-related service, event, experience, meeting, right, access, or other benefit has been provided or properly performed, the Creator and successful bidder must first attempt in good faith to resolve the dispute directly through the applicable successful-bidder chat or other communication channel made available through the Services.

Fanctuary may make available features, notices, or communication settings intended to encourage direct resolution between the parties for a period of fourteen (14) days. If the Creator and successful bidder reach an agreement during this direct resolution period, Fanctuary may process Creator earnings, refunds, credits, or other transaction handling in accordance with the parties’ agreement, these Terms, and Fanctuary’s applicable policies.

If the dispute is not resolved during the direct resolution period, Fanctuary may, but is not obligated to, assist with communications or propose a resolution based on information provided by the parties, including objective evidence submitted by the Creator. Fanctuary may open or make available an inquiry chat or other communication channel, review materials submitted by the Creator or successful bidder, conduct follow-up communications, and provide a proposed resolution or guidance within the successful-bidder chat or other applicable channel.

At any time during Fanctuary’s facilitation process, the Creator and successful bidder may continue to communicate and reach their own agreement. If the parties reach an agreement, Fanctuary may process Creator earnings, refunds, credits, or other transaction handling in accordance with the parties’ agreement, these Terms, and Fanctuary’s applicable policies.

If either party does not accept the direct resolution process or Fanctuary’s proposed resolution, the Creator or successful bidder may pursue resolution through a neutral third-party dispute resolution provider, including the American Arbitration Association or another provider. The party seeking such external resolution is responsible for initiating the process unless otherwise required by applicable law.

The Creator or successful bidder may provide Fanctuary with the resulting decision, award, determination, settlement, or instruction through an inquiry chat or other channel designated by Fanctuary, or Fanctuary may receive such determination directly from the applicable third-party provider.

Pending resolution of the dispute, Fanctuary may hold the disputed payment or proceeds. After Fanctuary receives sufficient information regarding the final resolution, determination, settlement, or instruction, Fanctuary may release Creator earnings, issue a refund or credit, provide guidance in the successful-bidder chat, or otherwise process the transaction in accordance with that result, these Terms, and Fanctuary’s applicable policies.

16.11. Fanctuary’s Role in Auction Disputes. Any communication assistance, payment hold, proposed resolution, transaction processing, refund, credit, release of proceeds, or other action taken by Fanctuary in connection with an auction-related dispute is provided solely as an administrative platform function.

Fanctuary is not a party to the transaction or dispute between a Creator and a User, and Fanctuary does not guarantee that any auction-related dispute will be resolved in favor of either party. Fanctuary is not responsible for the acts, omissions, representations, content, services, performance, or non-performance of any Creator or User, and Fanctuary does not assume liability for any dispute between a Creator and a User except to the extent expressly required by applicable law.

No action taken by Fanctuary in connection with an auction, including displaying a listing, administering bids, collecting or transmitting payment, withholding a payout, processing a refund or chargeback, verifying a Creator, or collecting or reporting tax, makes Fanctuary the contractual seller or causes title to a Physical Good to pass to or through Fanctuary.

17. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

18. Assignment

These Terms, including any rights and licenses under these Terms, may not be transferred or assigned by you in whole or in part, by operation of law or otherwise, without the prior written consent of Fanctuary. If Fanctuary sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize Fanctuary to assign these Terms and the information you provided to Fanctuary or that Fanctuary collected while you used the Services in connection with such sale or merger.

19. Consent to Electronic Communication

By using the Services, you consent to receiving electronic communications from us regarding your use of the Services, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to Fanctuary using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.

20. General

These Terms constitute the entire agreement between you and Fanctuary relating to your access to and use of the Services. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Fanctuary’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are not intended to confer third-party beneficiary rights upon any other person or entity.

If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below: