Fansky Terms of Service

Effective Date: March 12, 2024

These Terms of Service ("Terms") govern your access to and use of the Fansky website and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please refrain from using our Services.

Service Description

1. Fansky is a platform that enables creators and artists ("Creators") to sell digital products ("Products") to customers ("Customers") in an online marketplace format.
2. Fansky is not a party to transactions between Creators and Customers and serves solely as a facilitator.

Eligibility and Account Registration

1. By using our Services, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into this agreement on your own behalf or on behalf of the entity you represent.
2. To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.
3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, please notify us immediately at contact@fansky.net.

User Obligations

1. When using the Services, you agree to comply with all applicable laws, regulations, and these Terms. You shall not use the Services for any unlawful, fraudulent, or deceptive purposes, or in any manner that infringes upon the rights of Fansky or any third party.
2. Creators are solely responsible for the Products they offer through the Services and must provide accurate, complete, and non-misleading information about their Products. Creators represent and warrant that they have all necessary rights and licenses to sell their Products on our platform.
3. Customers should carefully review Product descriptions and specifications before making a purchase. All Product sales are final, and digital Products are non-refundable due to the nature of the goods.

Intellectual Property

1. The Services and all related intellectual property rights, including but not limited to copyrights, trademarks, and logos, are owned by Fansky or its licensors. You agree not to reproduce, modify, distribute, or create derivative works based on the Services without our prior written consent.
2. By submitting content to the Services, you grant Fansky a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Fansky's business.

Payments and Fees

1. Fansky retains a fee for all transactions processed through our platform, which is deducted from the Customer's payment before the remaining funds are transferred to the Creator. Our current fee structure is available on our website.
2. Creators are responsible for determining, collecting, reporting, and remitting any applicable taxes to the appropriate tax authorities. Fansky is not responsible for withholding or remitting taxes on behalf of Creators.
3. Fansky reserves the right to withhold funds pending settlement to Creators if we suspect or have reason to believe that the Creator has violated these Terms or applicable law.

Disclaimers and Limitation of Liability

1. The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. Fansky disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. In no event shall Fansky be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.
3. Fansky does not assume responsibility for any content posted by Creators or Customers and does not guarantee its accuracy, completeness, or reliability.
4. If you encounter content that you believe is inappropriate or infringing, please report it to contact@fansky.net for investigation and appropriate action, which may include content removal and/or user account termination.
5. Fansky is not liable for any loss or damage caused by Creators, Customers, or third parties who use our Services.

Prohibited Product

1. Creators must ensure that the products sold do not include prohibited items, including: Content which promotes discriminatory or degrading information related to race, gender, religion, region etc.; Customized services; Content which promotes terrorist and extremist organizations, subversion of state power, and disseminating state secrets; Photo or photo realistic materials; Pornographic materials; Any kind of material that contains or depicts people who are or appear to be underage.

Termination

1. Fansky may, at its sole discretion, suspend or terminate your access to the Services at any time and for any reason, without prior notice or liability.
2. Upon termination of your account, you agree to cease all use of the Services, and Fansky may delete any content or data associated with your account.

Dispute Resolution

1. Any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the applicable laws and regulations, without giving effect to any principles of conflicts of law.
2. You agree to first attempt to resolve any dispute informally by contacting us at contact@fansky.net. If a dispute cannot be resolved informally, you agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

General Provisions

1. These Terms constitute the entire agreement between you and Fansky regarding your use of the Services and supersede any prior agreements or understandings.
2. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
3. Fansky's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
4. Fansky reserves the right to modify these Terms at any time. We will post any changes on this page and update the "Effective Date" at the top of these Terms. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at contact@fansky.net.