TERMS OF SERVICE - AGREEMENT
Last Updated: 01/11/2024

RedPass Group, a U.S.-based company specializing in IT and web services, welcomes you to fanzi.xyz (the “Website”). We are committed to providing you with the best possible experience while using the Website and ensuring that you understand your legal rights and obligations. Please read this agreement, which governs your use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is conditional upon your acceptance of this agreement. If you do not agree to this agreement, you must not access the Website.

 

1. Introduction

1.1 Fanzi is operated by RedPass Group.
1.2 These Terms of Service, together with our Privacy Policy ("Terms"), govern your use of Fanzi, including any content, functionality, and services offered on or through the Website.
1.3 This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. By continuing to use Fanzi after such notice, you agree to these Terms as modified. You are expected to check this page periodically to remain aware of any changes, as they are binding on you.
1.5 By using Fanzi, you consent to receiving communications from us electronically, including emails and messages posted to your Fanzi account. You acknowledge and agree that all communications provided to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email support@fanzi.xyz, notifying us of your withdrawal of consent.
1.6 We do not own User Content on Fanzi, and views expressed by Users on Fanzi do not represent the views of Fanzi. All User Content transactions and interactions on Fanzi are between Users, and Fanzi does not become a party to any transaction or interaction between Users.
1.7 We reserve the right at any time and without notice to:

• 1.7.1 modify, suspend, or terminate Fanzi or any portion thereof;
• 1.7.2 restrict, limit, suspend, or terminate your access to Fanzi or any portion thereof;
• 1.7.3 delete any content you post on Fanzi if, in our reasonable opinion, it does not comply with these Terms and/or applicable law;
• 1.7.4 monitor your use of Fanzi (including any content or messages you post or broadcast on Fanzi) to verify compliance with these Terms and/or applicable law;
• 1.7.5 investigate any suspected or alleged misuse or unlawful use of Fanzi and cooperate with law enforcement in such investigations;
• 1.7.6 disclose information about your use of Fanzi in connection with a law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
• 1.7.7 change the payment or payout processor that enables you to make or receive payments as a User.

1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

 

2. How It Works

2.1 Fanzi is a social media platform that lets you create a User profile, which in turn allows you to:

• 2.1.1 upload and post photos and videos for access by your Fans; and/or
• 2.1.2 subscribe to another User’s profile to view their otherwise restricted photos and videos.

2.2 The term "User" refers to all users, whether using the Website to earn money or to subscribe to others.
2.3 The term "User Content" means any and all media uploaded by Users.

 

3. Account Registration

3.1 To register and create an account on Fanzi, you must provide a valid email address, a username, and a password and/or a valid Twitter or Instagram account. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.
3.2 You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.3 If you are looking to subscribe to other profiles, you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor. However, as far as legally possible, Fanzi reserves the right to change the payment processors it uses at any time and without notice. Fanzi does not store any payment card information.
3.4 If you are looking to earn money from other Users subscribing to your profile, you will need to add a bank account and upload a valid form of ID. Additional legal information, such as a W-9 if you are a U.S. resident, may also be required (the exact information required depends on your country). Your earnings will be paid into your bank account via one of our payout processors or direct bank wire.
3.5 By registering on Fanzi, you confirm that:

• 3.5.1 all account registration, profile information, and content you provide is your own information and is truthful and accurate;
• 3.5.2 if you previously had an account with Fanzi, your old account was not terminated or suspended for violation of these Terms;
• 3.5.3 you will not use any third-party payment processors to accept payments for subscriptions or other services via Fanzi;
• 3.5.4 you register on Fanzi for your own personal use and will not sell, rent, or transfer your account to any third party; and
• 3.5.5 Fanzi reserves the right, at any time, to verify the information you provide and your compliance with these Terms and to suspend your account if it is unable to verify to its reasonable satisfaction.

3.6 You are fully responsible for any and all activities that occur on your account and for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and to notify us immediately at support@fanzi.xyz if you believe your account has been compromised. You agree to log out at the end of each session and to take special caution when accessing your account from a public or shared computer.
3.7 We have the right to disable any username, password, or other identifier at any time and at our sole discretion for any or no reason, including if you have violated any provision of these Terms.

 

3.8 Content Creator Verification Terms and Conditions

3.8.1 All content creators must complete the verification process by submitting a clear and legible copy of a government-issued photo ID and a selfie holding the ID to validate identity.
3.8.2 Submitted information will be used solely for verifying the identity of the content creator. Fanzi will take reasonable measures to secure and protect the confidentiality of the provided information.
3.8.3 Fanzi may use third-party services to facilitate the identity verification process, and content creators consent to the use of such services for verification purposes.
3.8.4 Content creators are responsible for ensuring that their personal information complies with all applicable laws and regulations. Fanzi reserves the right to request additional information or documentation for compliance purposes.
3.8.5 Fanzi employs industry-standard security measures to protect submitted information against unauthorized access or disclosure. Content creators are encouraged to use strong, unique passwords for account security.
3.8.6 Failure to complete verification may result in suspension or termination of the content creator's account. Fanzi reserves the right to suspend or terminate accounts that violate these verification terms.
3.8.7 Fanzi may update or modify these verification terms at any time. Content creators are responsible for reviewing the terms periodically. By using Fanzi, content creators acknowledge and agree to these verification terms. Please carefully review our Privacy Policy for additional information on the handling of personal data.

4. Subscriptions, Tips, Purchases and Payment of Revenue

4.1 To access another User's content on Fanzi, you must first add a payment card to your account and then click the 'Subscribe' button on that User's profile. All purchases are final and non-refundable. However, you may cancel your subscription at any time by clicking unsubscribe located under the relevant User profile or by contacting us at support@fanzi.xyz, which will allow you to access the User's profile until the end of the existing billing period, where you will lose access to the content and not be re-billed.
Recurring Billing (Subscriptions): If you purchase any automatically renewing subscriptions, you hereby authorize the Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
Tips: Tipping is enabled for Fanzi creators when an account has five posts or more. Whether an account is free or has a subscription price, there are a number of ways fans can tip creators on Fanzi. All purchases are final and non-refundable.

• If fans want to show appreciation for a particular post, they can tip the creator on that post.
• Fans can send Fanzi creators tips through direct messages. This shouldn’t be confused with pay-per-view messages, in which fans pay to unlock content sent in a message.
• If a fan finds themselves wanting to tip a creator for no particular reason other than showing general appreciation, they can go to that creator’s profile and send a tip there.
  The amount of tips a user can send to creators is limited to a maximum of 20% of the amount spent by the user on Fanzi. The minimum amount users can tip creators is $5.

4.2 Payment of Revenue: If a User uploads content (an "Uploading User"), then, subject to that User complying with these Terms, that User is entitled to 80% of the revenue generated by other Users who subscribe to the uploading User's content. Payment will be made by or on behalf of Fanzi to the uploading User.

5. Refunds

5.1 All purchases made on fanzi.xyz are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
5.2 Any purchase made on Fanzi resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from Fanzi. Additionally, the chargeback amount will be removed from the earning Creator's income.

6. Account Deactivation

6.1 Should you wish to deactivate your Fanzi account, please contact Fanzi customer support at support@fanzi.xyz to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.

7. Intellectual Property Rights

7.1 Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• 7.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• 7.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
• 7.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  7.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
  7.4 Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  7.5 The Fanzi name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

8. License

8.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Fanzi other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
8.2 We do not warrant that Fanzi is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Fanzi is compatible with your device. From time to time we may make updates to Fanzi and will make such updates available through the website.

9. Acceptable Use

9.1 We require that all Users respect and comply with these Terms below, at all times, when using Fanzi.
9.2 You may not:

• 9.2.1 use Fanzi other than for your own lawful and personal use in accordance with these Terms;
• 9.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
• 9.2.3 falsify account registration information, or make unauthorized use of another's information or content;
• 9.2.4 use Fanzi in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
• 9.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of Fanzi without our express written permission;
• 9.2.6 use Fanzi for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• 9.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• 9.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
• 9.2.9 act in an abusive manner towards any other user or employee of the Website;
• 9.2.11 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
• 9.2.12 use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• 9.2.12 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Fanzi;
• 9.2.14 interfere in any way with the operation of Fanzi or any server, network or system associated with Fanzi, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
• 9.2.15 use Fanzi for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
• 9.2.16 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Fanzi or any server, network or system associated with Fanzi, or to extract, collect, harvest or gather content or information from Fanzi; or
• 9.2.17 use the app to engage in any unlawful conduct or fraudulent activity.

10. User Content

10.1 Fanzi may allow you to upload, post, or otherwise submit content, including but not limited to, videos, photographs, and other content (collectively, “User Content”) to the Website. You represent and warrant that you own or control all rights in and to your User Content and have the right to grant us the license granted in these Terms.
10.2 By submitting User Content to Fanzi, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform such User Content throughout the world in any media, now known or hereafter devised, in any manner, for any purpose.
10.3 You agree that the User Content will not violate any third party rights, including any intellectual property rights, and will not contain any offensive, unlawful, or obscene material. You also agree that we are not responsible for User Content and have no obligation to monitor or review User Content.
10.4 You acknowledge and agree that we may display advertising in connection with your User Content and that we may place advertising on the Website in a manner that is deemed appropriate by us.
10.5 You represent and warrant that you have obtained the consent of any person appearing in your User Content to the use of their name, likeness and/or voice in connection with your User Content.

11. DMCA

11.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by Fanzi, terminating the account of the User who published the content.
11.2 To notify us of claimed copyright infringement, please contact our customer support team by email at support@fanzi.xyz.
11.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:
11.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
11.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
11.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
11.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
11.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
11.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11.3.7 A DMCA counter-notification must include all of the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
  11.4 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
  11.5 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

12. Linking to the Website and Social Media Features

12.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
12.2 The Website may provide certain social media features that enable you to:

• 12.2.1 link from your own or certain third-party websites to certain content on the Website;
• 12.2.2 send emails or other communications with certain content, or links to certain content, on the Website;
• 12.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  12.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
• 12.3.1 establish a link from any website that is not owned by you;
• 12.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• 12.3.3 link to any part of the Website other than the homepage; or
• 12.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
  12.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
  12.5 We may disable all or any social media features and any links at any time without notice in our discretion.

13. Links from the Website

13.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. Referral Program

14.1 Every user with a Fanzi account has a unique referral URL that allows users to earn income from any other user who signs up via their referral link. In order to ensure the referral is successful, the new user must register with Fanzi using the same browser that they used to click the referral link.
14.2 Fanzi pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed on the first calendar business day of each month. This referral income is deducted from the Fanzi fee and not from the income of the referred User.
14.3 For a User to be successfully added to another User's referral program, that user must sign up to Fanzi via a unique referral URL. In no event will Fanzi be liable to add a user to a referral account if that user has not signed up via the correct referral link.
14.4 Users may not use Google Ads to impersonate Fanzi with the intention to refer other Users.

15. Disclaimer of Warranties; Limitations of Liability

By using Fanzi, you acknowledge and agree as follows:

• 15.1.1 Fanzi and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Fanzi and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of Fanzi, or the results of your use of Fanzi. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that Fanzi and all of its services and features will be available at any particular time or location; that Fanzi and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Fanzi and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Fanzi and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
• 15.1.2 Fanzi does not warrant or guarantee that use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since Fanzi may need to carry out maintenance of the Website from time to time.
• 15.1.3 In no event shall Fanzi be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Fanzi or any of its services or features, nor shall Fanzi be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at support@fanzi.xyz as we are happy to help prevent continuance of such distribution where we are reasonably able to do so.

16. User Indemnification

16.1 By using Fanzi, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:

• 16.1.1 your use of Fanzi or any of its services or features;
• 16.1.2 any User Content created, published, or otherwise made available on Fanzi by you;
• 16.1.3 any transaction or interaction between you and any other User of Fanzi; and/or
• 16.1.4 your violation of these terms or any applicable law.

17. Governing Law and Dispute Resolution

17.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of the EU (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Fanzi or arising out of or related to these Terms shall be resolved exclusively in the courts of the EU.
17.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Fanzi or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

18. Waiver and Severability

18.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. Entire Agreement

19.1 The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Contact

If you have any questions, comments, complaints, or concerns about Fanzi, please contact our support team at support@fanzi.xyz.