Introduction: This Contract between Fan and Star ⭐ (“this Agreement”) governs each interaction between a Fan and a Star ⭐ on Fanzi.

Scope: This Agreement is legally binding and applies each time a Star ⭐ Interaction is initiated on Fanzi. This Agreement applies to the exclusion of any other terms which the Fan or Star ⭐ may propose.

Parties: The only parties to this Agreement are the Fan and Star ⭐ participating in the Star ⭐ Interaction. Redpass LLC and/or its Subsidiaries are not parties to this Agreement or any Star ⭐ Interaction except as set forth below.

Interpretation: In this Agreement, defined terms have the following meanings:

    •    “Company”: Redpass LLC
    •    “Content”: any material Uploaded to Fanzi by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
    •    “Star ⭐”: a User who has set up their Fanzi account to post Content for Fans to view
    •    “Star ⭐ Earnings”: the portion of a Fan Payment payable to a Star ⭐ pursuant to the Terms of Use
    •    “Star ⭐ Interaction”: an interaction on Fanzi that grants access to a Star ⭐’s Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Star ⭐’s account or Content, including direct messages
    •    “Star ⭐ Interaction Licence”: the non-transferable, non-sublicensable, and non-exclusive rights each Star ⭐ grants to Relevant Content
    •    “Fan”: a User who has registered for an account and who can access a Star ⭐’s Content via a Star ⭐ Interaction
    •    “Fan Payment”: any payment related to a Star ⭐ Interaction
    •    “FIL Fee”: max is 20% of all Fan Payments charged to Stars ⭐ in accordance with the Terms of Use
    •    “Include”, “Includes” and “Including” also mean “without limitation”
    •    “Indirect Sales Taxes”: any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction
    •    “Fanzi”: the website accessed via www.fanzi.com or via any web browser, which is owned and operated by the Company
    •    “Paid Relevant Content”: any Content for which the Fan must make a Fan Payment
    •    “Referring User”: a User who participates in the Fanzi Referral Program
    •    “Relevant Content”: the applicable Content of a Star ⭐ to which a Star ⭐ Interaction relates
    •    “Subscription”: a Fan’s binding agreement to obtain access for a specific period of time to all Content that a Star ⭐ makes available to Fans in exchange for authorising automatic renewal payments. This excludes individually priced Content.
    •    “Subsidiary”: any legal entity which the Company or one of the Company’s subsidiaries, alone or with other Company subsidiaries, owns, or has the power to vote or control
    •    “Tax”: all forms of tax and statutory or governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction
    •    “Upload”: publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever
    •    “User”: any user of Fanzi, whether a Star ⭐ or a Fan or both (also referred to as “you” or “your”)

Pricing and Payment: The Fan entering into a Star ⭐ Interaction agrees to pay the applicable Fan Payment plus any Indirect Sales Tax, which the Company and its Subsidiaries are authorised to collect. The Company is also authorised to deduct the FIL Fee, to pay out Star ⭐ Earnings, and to pay applicable referral payments.

Subscriptions and Renewals: When you select “Subscribe,” you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax). You authorise the Company to charge you again after each Subscription, unless: (i) your payment is declined and you have not provided another payment; (ii) the Subscription price has increased; (iii) you switched off the “Auto-Renew” feature on the Star ⭐’s account; or (iv) you close your Fanzi account before the new Subscription period begins. By selecting “Subscribe,” you agree to these provisions, and acknowledge that you will not receive further notice regarding the renewal of that Subscription.

Licence of Content: As part of a Star ⭐ Interaction, the Star ⭐ grants a Star ⭐ Interaction Licence. The Star ⭐ Interaction Licence permits a Fan access to Relevant Content.

Ownership of Content: The Star ⭐ Interaction Licence does not grant any Fan ownership rights to the Relevant Content.

Expiry of Licence: The Star ⭐ Interaction Licence expires automatically without notice:

    •    if the Fan Payment related to the Star ⭐ Interaction was unsuccessful, charged back, or reversed;
    •    if the Star ⭐ deletes either the Relevant Content or their Star ⭐ account;
    •    when an active Subscription period ends;
    •    if the Fan’s account is suspended or terminated;
    •    if the Fan breaches the Fanzi Terms of Service;
    •    if Relevant Content is removed from the Star ⭐’s account or the Star ⭐’s account is suspended or terminated; and
    •    if the Fan closes their account.

Removal of Content: The Company reserves the right to remove any Content from a Star ⭐’s account at any time. The Fan participating in the Star ⭐ Interaction acknowledges that Stars ⭐ may remove Content, including pay-per-view Content at any time.

Cancellation and Refunds: In respect of every Star ⭐ Interaction:

    •    The Fan will gain access to the Relevant Content within 14 days of the Star ⭐ Interaction. The Fan agrees that any statutory right to cancel the Star ⭐ Interaction under the Consumer Rights Act 2015, the UK Consumer Contracts Regulations 2013, EU Directive 2011/83, or any other equivalent applicable law is therefore not applicable regarding any Star ⭐ Interaction other than a Subscription.
    •    This Agreement does not affect any statutory right to a refund which a Fan may have under the Consumer Rights Act 2015, the UK Consumer Contracts Regulations 2013, EU Directive 2011/83, or any other applicable law.
    •    Cancellations and refunds also are subject to the Company’s Terms of Use.

Obligations Between Star ⭐ and Fan in Star ⭐ Interactions:

    •    The Fan and the Star ⭐ agree to comply at all times with Fanzi’s Terms of Service.
    •    The Star ⭐ is solely responsible for creating and publishing Relevant Content.
    •    The Star ⭐ warrants that it possesses all necessary rights to grant a Star ⭐ Interaction Licence.
    •    The Star ⭐ agrees to provide Paid Relevant Content once the Fan has made the Fan Payment.
    •    The Fan acknowledges that third parties may assist Stars ⭐ in operating their accounts and in Star ⭐ Interactions.
    •    The Fan agrees to make the Fan Payment required to access Paid Relevant Content.
    •    The Fan agrees not to initiate a chargeback unless the Fan disputes the Star ⭐ Interaction in good faith.
    •    The Fan assumes all risk of accessing the Relevant Content unless the Star ⭐ engages in negligence or another breach of duty.

No Guarantees: The Fan participating in the Star ⭐ Interaction acknowledges that circumstances may prevent access to Relevant Content, including if the availability of all or any part of Fanzi is suspended or inaccessible.

Applicable Law and Forum for Disputes:

    •    To the greatest extent permitted by the laws of the place where you live, this Agreement is governed by the laws of England and Wales, which will apply to any claim that arises out of or relates to this Agreement. The Fan will also be able to rely on mandatory rules of the law of the country where they live.

Where Claims Can Be Brought:

    •    Any Fan resident in the United Kingdom or the European Union may bring a claim under this Agreement in the courts of England and Wales or the country where the Fan lives.
    •    All other Fans must bring a claim under this Agreement in the courts of England and Wales.

Severability: In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, or is prohibited by law, the remaining provisions of the Agreement shall remain in full force and effect, and the remainder of this Agreement shall be valid and binding as though such invalid, unenforceable, or prohibited provision were not included herein.

Last updated: 12.12.2024