Terms and Conditions

By using or visiting MCI LLC (Fanpress.com) or using any of the Fanpress.com products, software, or services provided to you on, from, or through the Fanpress.com website (collectively, the “Service”), whether or not you are a registered User of our Service, you signify your agreement to (1) these Terms and Conditions and (2) Fanpress.com’s Privacy Policy. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service.

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Basic Terms

1. You may not post violent, discriminatory, unlawful, infringing, or hateful content via the Service. This includes any content that supports or praises terrorism, organized crime, or hate groups.
2. You may not screenshot or publish content that exists on the Service outside of the Service. All Content that you unlock on the Service is watermarked and uniquely identifiable to your account. If we become aware of any Content published outside of the Service with your unique watermark, we reserve the right to permanently delete your account.
3. You may not use the Service to contact other users for commercial purposes outside of the Service. This includes the sharing of contact information that exists outside of Fanpress.com with other users, including but not limited to your email address, phone number, or physical address. Such prohibited commercial purposes includes but is not limited to (1) offering sexual services; (2) buying or selling firearms, prescription drugs, or any other goods and services of any kind outside of the Service; and (3) promoting online gambling, online real money games of skill or online lotteries.
4. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Fanpress.com prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Fanpress.com upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
5. You agree that you will not solicit, collect, or use the login credentials of other Fanpress.com users.
6. You are responsible for keeping your password secret and secure.
7. Unauthorized access to registered areas of the Service by non-registered Users is strictly prohibited. If you have a User password allowing access to a non-public area of the Service, you may not disclose or share your password with any third party(ies) or use your password for any unauthorized purpose.
8. To access certain non-public areas of the Service (including interacting with other users and purchasing any Content), you may be asked to become a registered User and provide certain registration details or other information. It is a condition of your use of the Service that all of the information you provide in the registration processes is correct, current, and complete.
9. You must not defame, stalk, bully, abuse, harass, threaten, blackmail, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You may not encourage violence or attach anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. You may not post Content glorifying self-injury or identifying victims or survivors of self-injury if the Content targets them for attack or humor.
10. You may not post repetitive Content or send repeated unwanted messages to one or more users.
11. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
12. If You see and Content that You think violates any of these Terms and Conditions, please contact us at support@fanpress.com. Provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may, at our sole discretion, remove entire posts if either the imagery or associated captions violate any of these Terms and Conditions. Depending on the Content, we may further work with law enforcement, including when we believe that there is risk of physical harm or a threat to public safety.
13. If You find Content that You do not like but that does not violate these Terms and Conditions, you can unfollow or block the user who posted the Content.
14. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
15. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Fanpress.com.
16. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Fanpress.com page is rendered or displayed in a user's browser or device.
17. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You may not create multiple accounts.
18. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Fanpress.com terms.
19. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms and Conditions. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Fanpress.com or the respective licensors of the Content. Fanpress.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.
20. You may purchase Coins to use to unlock Content on the Service. Coin refunds will only be given in exceptional circumstances.
21. All videos and pictures sent through private chat will be live for 72 hours from the moment you Unlock them or receive them for Free and will then expire. All videos and pictures posted on User Profiles will be live for 24 hours from the moment you Unlock them or receive them for Free and will then expire. Private text messages will remain indefinitely.
22. If a user uses Coins to unlock Content you have posted on the Service, you will receive Celeb Cash on a 1 to 1 basis (e.g. 100 coins spent to unlock Content converts to 100 Celeb Cash to the poster of the Content). A user may redeem Celeb Cash for U.S. Dollars. The conversion rate is set at 1000 Celeb Cash to $1. You can only redeem Celeb Cash in amounts equal to or greater than 50,000 Celeb Cash.
23. You have the option to set a Reply to Me price. If you choose to set a Reply to Me price greater than 0 Coins, the Users that you communicate with will be required to pay the Reply to Me price in order to reply to you. In order to receive your Reply to Me payment from a User that you are communicating with, you must respond to that User within 72 hours. If you fail to respond to a User within 72 hours, the Reply to Me price for that particular reply will be returned to the User. Coins spent by a User on Reply to Me are converted to Celeb Cash to You on a 1 to 1 basis (e.g. 100 coins spent on Reply to Me converts to 100 Celeb Cash).
24. Other than using Coins to unlock Content, you may not sell or otherwise transfer any Coins or Celeb Cash to other individuals.
25. Coins can only be obtained through purchasing them through the Service. If Fanpress.com determines, in its sole discretion, that You obtained Coins in any other way (e.g. from other Users, from unauthorized use of the Service, from hacking, or other abuse of the website), Your account will be terminated and You forfeit all Coins in Your account and all Content unlocked with such Coins.
26. Celeb Cash can only be obtained through another user’s spending of Coins to unlock Content You post. If Fanpress.com determines, in its sole discretion, that Coins used to unlock Your Content were obtained in an authorized way, Fanpress.com will remove the associated Celeb Cash from your account and will not allow You to redeem the Celeb Cash for U.S. dollars. If Fanpress.com determines, in its sole discretion, that You obtained Celeb Cash in an unauthorized way (e.g. from other Users, from unauthorized use of the Service, from hacking, or other abuse of the website), Your account will be terminated and You forfeit all Celeb Cash in Your account.
27. You have the option to create a Subscription, where you offer users a recurring monthly fee to gain access to your exclusive content. You keep 100% of your subscription fee. Payment processing fees and 3-D Secure fees will be assessed to the user in addition to the subscription fee. If a user successfully charges back a subscription, the cost of the chargeback will be deducted from your balance.
28. Subscription content does not expire as long as the user continues to pay the monthly fee. The user may cancel a subscription at any time with no penalty. Upon cancellation, the user will retain access to the Subscription content until the end of the 30-day billing cycle, at which point the user will lose access to the Subscription content.
29. You must be at least 18 years old to use the Service.
30. Violation of these Terms of Use may, in Fanpress.com’s sole discretion, result in termination of your Fanpress.com account. You understand and agree that Fanpress.com cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Fanpress.com, we can stop providing all or part of the Service to you.

Basic Conditions

32. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you deactivate your account, your and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but those materials and data may persist and appear within the Service.
33. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
34. We reserve the right to refuse access to the Service to anyone for any reason at any time.
35. We reserve the right to force forfeiture of any username for any reason.
36. We reserve the right to delete any piece of content that exists on the Service at any time for any reason.
37. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
38. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Fanpress.com is not responsible or liable for the conduct of any user. Fanpress.com reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
39. You agree that you are responsible for all charges you incur through use of the Service.
40. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and Content (except as may be the result of standard search engine protocols or technologies used by a search engine with Fanpress.com’s express consent).

Rights

41. Fanpress.com does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Fanpress.com a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, You can choose who can view your Content and activities, as described in the Privacy Policy.
42. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Fanpress.com may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
43. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
44. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
45. The Service contains content owned or licensed by Fanpress.com ("Fanpress.com Content"). Fanpress.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Fanpress.com, Fanpress.com owns and retains all rights in the Fanpress.com Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fanpress.com Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Fanpress.com Content.
46. The Fanpress.com name and logo are trademarks of Fanpress.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fanpress.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Fanpress.com, and may not be copied, imitated or used, in whole or in part, without prior written permission from Fanpress.com.
47. Although it is Fanpress.com’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Fanpress.com reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Fanpress.com, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Fanpress.com encourages you to maintain your own backup of your Content. In other words, Fanpress.com is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Fanpress.com will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
48. You agree that Fanpress.com is not responsible for, and does not endorse, Content posted within the Service. Fanpress.com does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
49. Except as otherwise described in the Service's Privacy Policy, as between you and Fanpress.com, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Fanpress.com is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Fanpress.com in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Fanpress.com, and Fanpress.com will not be liable for any use or disclosure of any Content you provide.

Reporting Copyright and Other IP Violations

50. We respect other people's rights, and expect you to do the same.
51. We provide you with tools to help you protect your intellectual property rights, including under the Digital Millennium Copyright Act.
52. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• MCI LLC is located at 452 Ave, Escorial Urb., Caparra Heights, San Juan Puerto Rico 00918.
• For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Fanpress.com customer service through support@fanpress.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
53. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by the Copyright Agent, Fanpress.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fanpress.com’s sole discretion.
54. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

55. THE SERVICE, INCLUDING, WITHOUT LIMITATION, Fanpress.com CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Fanpress.com NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Fanpress.com PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Fanpress.com CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Fanpress.com OR VIA THE SERVICE. IN ADDITION, THE Fanpress.com PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
56. Fanpress.com DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. Fanpress.com DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Fanpress.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Fanpress.com SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
57. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
58. Fanpress.com DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

59. UNDER NO CIRCUMSTANCES WILL Fanpress.com BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Fanpress.com CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Fanpress.com PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Fanpress.com PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL Fanpress.com BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Fanpress.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
60. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Fanpress.com’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY Fanpress.com, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY Fanpress.com.
61. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS AND PROVISIONS OF THE LAW OF ANY STATE, OR OF THE UNITED STATES, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO IT, WOULD HAVE MATERIALLY AFFECTED ITS AGREEMENT.
62. Fanpress.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

63. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Fanpress.com’s request), indemnify and hold Fanpress.com harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Fanpress.com in the defense of any claim. Fanpress.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Fanpress.com.

Time Limitation on Claims

64. You agree that any claim you may have arising out of or related to your relationship with Fanpress.com must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

65. These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Fanpress.com exclusively in a state or federal court located in San Francisco County, California, and to submit to the personal jurisdiction of the courts located in San Francisco County for the purpose of litigating all such disputes.
66. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Fanpress.com’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Fanpress.com reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Fanpress.com

Entire Agreement

67. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Fanpress.com and governs your use of the Service, superseding any prior agreements between you and Fanpress.com. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Fanpress.com. Any purported assignment or delegation by you without the appropriate prior written consent of Fanpress.com will be null and void. Fanpress.com may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

68. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fanpress.com to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Fanpress.com provides.

Charges

69. You may purchase Coins using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Coins you will be provided with a variety of purchase options which may include discounts for higher purchases of Coins. Please note that other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Coins through the Serive, you have no right or title in or to any such Coins. We reserve the right to manage, regulate, control, modify and/or eliminate such Coins as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Coins may not be transferred without our prior, explicit written authorization for such transfer. Except as expressly provided otherwise herein, Coins may not be used for any “real-world” purpose including, by way of example only, trade, sale, or service outside of our Platform. You agree that all purchases of Coins are “final sale” and no refund will be given in the event either you or we terminate your account. In the event that you make any Coin purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.

The effective date of these Terms of Use is October 4, 2018. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.