Last Updated: September 2, 2023
If you are a Model, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any Materials posted by our Users and Models.
- No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
- Termination by You
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Fantasy Club. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
- Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
- Grant of Rights
You understand that all we are offering you is access to Fantasy Club and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Fantasy Club or use the Services. You may access certain public areas of Fantasy Club and use the Services and the Materials therein, free of charge. We grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Fantasy Club for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Fantasy Club or the Materials therein. If you are a User or Model, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Fantasy Club and use the Services and the Materials therein, as limited by your subscriptions to certain Models, your access to Content, or your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Fantasy Club and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.
- Content Depicting Third Parties
You understand and agree that you may share content that depicts one or more third parties (“Content Depicting Third Parties”), provided:
- The Content Depicting Third Parties does not violate any third party’s rights.
- Each individual depicted in the Content Depicting Third Parties is registered as a Model on Fantasy Club.
- Each Model depicted in the Content Depicting Third Parties is tagged therein.
- You have obtained and will maintain government-issued identification documentation confirming that each Model depicted in the Content Depicting Third Parties is at least eighteen (18) years of age.
- You have obtained and will maintain written documentation confirming that each Model depicted in the Content Depicting Third Parties has consented to (i) being depicted in the Content Depicting Third Parties, (ii) the Content Depicting Third Parties being publicly distributed on Fantasy Club, and (iii) the Content Depicting Third Parties being downloaded by users of Fantasy Club.
- You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation.
We may refrain from publicly distributing any Content Depicting Third Parties until all depicted Models have confirmed their identity and consent to being depicted in the Content Depicting Third Parties and to the Content Depicting Third Parties being distributed on Fantasy Club. If you produce, or participate in, any Content Depicting Third Parties, we shall only be responsible for compensating the account of the Model from which the sale of the Content Depicting Third Parties is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Content Depicting Third Parties. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the other Model(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Content Depicting Third Parties. You further agree that any claim arising from Content Depicting Third Parties shall be asserted only against the Model(s) participating or appearing therein, and not against us.
- Section 2257
You represent and warrant that your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain a Model account on Fantasy Club, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request and/or provide us with the required information during the Model registration process. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain a Model account on Fantasy Club, and for a period of no less than seven (7) years after your Model account on Fantasy Club is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at the primary address of Model. Upon request, you will provide us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contains your name, photo, and birth date.
- Acceptable Use Policy
- Prohibited Uses for All Visitors, Users, and Models
- laws prohibiting sex trafficking and promotion or facilitation of prostitution;
- intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content;
- laws against obscene, lewd, defamatory, or libelous speech; and
- laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- access Fantasy Club or use the Services if you are, or are required to be, a registered sex offender in any jurisdiction.
- link to Fantasy Club on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
- post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (i) scenarios involving real or simulated lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, weapons, or asphyxiation; (ii) real or simulated sexual activity involving minors; (iii) genetic incest; (iv) bestiality; (v) real or simulated necrophilia; (vi) real or simulated bodily fluids including scat, vomit, and blood, but excluding semen, female ejaculation, urine, and saliva; (vii) real or simulated illegal prostitution or human trafficking; (vii) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on the Services; (ix) unsolicited sexual Content sent directly to another user or Content otherwise sexual objectification of another user in a nonconsensual manner; (x) illegal or illicit drugs; (xi) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including genital mutilation; (xii) any other illegal behavior or behavior that may be considered obscene under applicable law.
- post, upload, or share Content depicting any person under eighteen (18) years old.
- promote or advertise any Content as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted.
- post, upload, or share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are at least eighteen (18) years of age or older, and consent to being depicted in your Content, and consent to your Content being distributed on Fantasy Club.
- post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
- post, upload, or share any employment ads or Content which violates anti-discrimination laws.
- impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or contents of the Materials; or perform any other similar fraudulent activity.
- engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend visitors, Users, or Models.
- engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
- circumvent, disable, damage, or otherwise interfere with the operations of Fantasy Club, any user’s enjoyment of Fantasy Club, or our security-related features or features that prevent, limit, or restrict the use or copying of the Services that enforce limitations on the use of Fantasy Club or the Materials, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of Fantasy Club or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access Fantasy Club in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available the Services or the Materials therein to third parties including any action or “frame” or “mirror” Fantasy Club.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
- Additional Prohibited Uses for Models
If you are a Model, you will not, without our express prior written authorization:
- misrepresent whether any recorded or live Content does or will contain nudity or sexual activity.
- defraud Fantasy Club or our visitors, Users, or other Models (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
- fraudulently pass off recorded Content as a live stream.
- fail to honor any lawful representation made to visitors, Users, or other Models in furtherance of selling Content.
- allow a third party to use your keyboard during any live stream or otherwise allow a third party to control your account.
- record or broadcast Content from any public place where members of the public are reasonably likely to see your Content.
- release the personal information of any other user or third party without that person’s consent.
- harass, disparage, defame, or otherwise interfere with the business or personal lives of visitors, Users, or other Models, whether on Fantasy Club, on third-party websites, or offline.
- solicit or accept payments for travel or in-person meetings using the services provided by the platform.
- post, upload, or share Content that depicts below the waist nudity in “free chat” without switching on the “explicit stream” toggle
- post, upload, or share any separate public Content after the Model’s performance goes private;
- post, upload, or share Content depicting video games in private performances;
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
- WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING
The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Fantasy Club or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
- WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION
You understand that all depictions on Fantasy Club are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child sexual abuse material (whether real or virtual), you must exit Fantasy Club immediately. We do not provide or promote underage materials, and we do not tolerate those who seek underage materials. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Fantasy Club.
- Reporting Violative Materials or Activities
- Law Enforcement
- Billing and Payments
If you provide valid and current payment information may purchase Bits to subscribe to, purchase Content and Materials from, and tip Models. Bits have no cash value and are for entertainment purposes only. Unused Bits are not eligible for any full or partial refunds. Bits may be deleted from inactive accounts. We offer Users the opportunity to purchase differing amounts of Bits for differing prices. The price of Bits is displayed on Fantasy Club, and Users may only purchase Bits for the currently displayed price. We reserve the right to charge additional fees for access to Fantasy Club or any other feature or service of Fantasy Club, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Fantasy Club.
We bill for subscriptions on an automatic recurring basis. If you fail to renew your subscription and continue to access certain features on Fantasy Club, we may charge you for those features on an a-la-carte basis at our prevailing rates. The price for such subscriptions and the upgraded features related to such subscriptions is prominently displayed on Fantasy Club and may be changed by us from time to time. We reserve the right to change the price and upgraded features associated with such subscriptions at any time, without notice to you, by changing the information prominently displayed on Fantasy Club.
You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, tips, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
- Commissions for Content
If you are a Model, you will receive a sixty-five percent (65%) commission on all sales associated with your account, including sale of clips, subscriptions, and access to live streams, as well as all tips sent to your account. However, you will not earn any commissions on Materials posted by Fantasy Club in which you may be depicted. We reserve the right to change this percentage at any time. From time to time, we may offer certain increased commission percentages as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on Fantasy Club.
It is your sole responsibility to designate which Content is available for free, which Content is available through your subscription(s), and which Content must be purchased on an individual basis, including setting the purchase price for each piece of Content or subscription. If you fail to designate a purchase price, you understand and agree that we may make that Content available to our visitors, Users, and other Models free of charge.
We may permit you to pay for the Services using one or more cryptocurrencies, such as Bitcoin. Acceptance of such payment method is in our sole discretion and may be of limited duration. Any payment in cryptocurrency is irreversible. Refunds of cryptocurrency payments is at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions.By paying for or selling Content in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside Fantasy Club’s control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. Fantasy Club does not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase of sale on the Services.
- Third-Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Fantasy Club. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
- Changes to Your Billing Information
You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Fantasy Club, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Fantasy Club incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.
If you make a purchase on Fantasy Club that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold any funds or proceeds generated from interactions with Model Content that results in a chargeback.
- Changes to Our Billing Methods
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
For refunds related to subscriptions:
- If you purchase a subscription, you may cancel the subscription at any time. If you cancel a subscription, you will not be issued a refund, and you will continue to have access to the features related to that subscription until the end of the current billing period.
- If you block another user, you will immediately lose access to that user’s Content, even if you have paid for a subscription related to that Content, and you will not be issued a refund.
- If you are blocked by a user to whom you have subscribed, you will immediately lose access to that user’s Content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.
- Billing Errors
- Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
- Anti-Money Laundering
We may prevent you from creating an account, suspend or terminate your account, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide requested information in a timely manner, we will terminate your account.
- Referral Program
- Participation and Termination
By participating in the Program, you accept and agree to comply with this section. We may terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. If you violate any provision of this section, you will forfeit all right to any unpaid and future referral commissions.
- Commission for Referrals
We may allow you to participate in a referral program (“Program”) to provide marketing services in exchange for a commission for each new user that subscribes to Fantasy Club (“Referral(s)”) using your personalized referral link (“Link”). Our current commission rate is posted on our Referral Program page. We may alter this rate from time to time in our discretion without notice and without penalty to us. Any changes to our Referral commission rate will only be applied to Referrals sent to us after the publication of the change. You agree that you will periodically check the Referral Program page, and your continued participation in the Program manifests your assent to any changes in the rates.
- Channel Information
You may market, advertise, and promote Fantasy Club by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channels”). You shall be solely responsible for all content, materials, and other information thereupon, including the Link (“Channel Information”). You represent and warrant that you own or operate the Channels, and that the Channel Information does not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Information, including but not limited to, any duty to review or monitor any such Channel Information. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Information or other information appearing on the Channels.
- Grant of Rights
- Code of Conduct for Program Participants
We reserve the right to terminate your participation in the Program at any time and for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of this Code of Conduct for Program Participants, or the other provisions of this Section.
You will not:
- Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
- Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that underage or other illegal content may be found on Fantasy Club or the Channel, or otherwise market Fantasy Club or the Channel to pedophiles or those seeking illegal content.
- Transmit or distribute the Link to any minors or any unwilling adults.
- Solicit or permit a minor to become a user of Fantasy Club.
- Use any form of unlawful email promotion to promote the Link.
- Violate the policies of any third-party website while sharing the Link.
- Engage in any activities that, in our sole discretion, are harmful to our image, goodwill, or reputation.
- Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
- FTC Guidelines
At all times, you will comply with all FTC guidelines related to affiliate and/or “influencer” marketing, including:
- The Channel Information must be truthful and shall not be misleading.
- You must actually use Fantasy Club before participating in the Program.
- You must post a clear and conspicuous disclosure on all Channel Information which includes the Link or otherwise promote or advertise Fantasy Club. This disclosure must be:
- close to the claims to which it relates,
- if text, in an easy-to-read font and color that stands out from the background,
- if video, on screen long enough to be noticed, read, and understood,
- if audio, read at an easily understandable cadence,
- if commissions are earned, a statement that “I get commissions for purchases made through links in this post” or something similar,
- if above average results were obtained from use of Fantasy Club, a statement that “I made $X a month, even though the average Model only earns $X per month” or something similar, and
- if you have a connection to Fantasy Club that your followers would not expect, such as an employment or familial relationship, a statement that “I work for Fantasy Club” or something similar.
- Access to the Channels
During your participation in the Program, you agree to provide us with the means necessary to monitor the source of traffic you send to Fantasy Club, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.
- Dispute Resolution and Damages
- Governing Law and Venue
If you are a Model and have a dispute with Fantasy Club arising out of or otherwise relating to this Agreement, you shall first contact Fantasy Club in writing and negotiate in good faith to attempt to resolve the dispute. If you and Fantasy Club are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
- Rights to Injunctive Relief
- Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
- We Disclaim All Warranties
- Use at Your Own Risk
You expressly agree that access to Fantasy Club and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Fantasy Club or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Fantasy Club, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Fantasy Club is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
- Offensive and Adult Materials Warning
Fantasy Club contains material that may be considered offensive by third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing Materials they may deem offensive, and you agree to cease accessing Fantasy Club and using the Services should you find them offensive. Specifically, you represent and warrant that you are aware that Fantasy Club is an inclusive platform which permits the posting of adult Materials, and that you are not offended by adult Materials, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult Materials, and those relating to distributing adult Materials to minors. Finally, if you are a Model, you represent and warrant that you are aware that your Content may be viewed by individuals across the world that may recognize your true identity, regardless of any privacy or geofencing features that may be offered by us.
- Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such Materials, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help you to limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted Materials on Fantasy Club from being displayed or accessed by your children or wards.
- Registered Sex Offenders and Safety Tips
By accessing Fantasy Club, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity.While we prohibit access to Fantasy Club and use of the Services by registered sex offenders, we do not conduct routine criminal background checks. You are solely responsible for your interactions with visitors, Users, and Models. We do not undertake any obligation to monitor user activity, screen, interview, or investigate the background of visitors, Users, or Models, or attempt to verify the accuracy of statements made by third parties regarding any visitor’s, User’s, or Model’s background. We expressly disclaim any warranty about the conduct of visitors, Users, or Models, or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with visitors, Users, and Models. Consider the following online safety tips:
- Anyone who can commit identity theft can also falsify an online profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with visitors, Users, and Models. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
- If you choose to have a face-to-face meeting with another user who you met on Fantasy Club, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.
- Fraud and Scam Warning
While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Fantasy Club other than through Bits. We have no way of determining the validity of any communication that you may receive from visitors, Users, or Models, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through Bits. You expressly understand and agree that if any other user that you are in communication with on Fantasy Club requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.
- No Responsibility for User-Generated Materials
We expressly disclaim all liability for any user-generated Materials. You understand that the Materials are primarily posted by visitors, Users, or Models, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content or any portion thereof, at any time, for any reason, with or without prior notice. If we choose to monitor Fantasy Club at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.
- Privacy / Security Warning
No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by visitors, Users, Models, or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree Fantasy Club shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release Fantasy Club from any and all liability and claims associated therewith.
- Third-Party Links
- Violations of Law
Access to Fantasy Club and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Fantasy Club and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. Youalso agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
- Limitation of Liability
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Fantasy Club including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, violation of prostitution or sex trafficking laws, any financial loss not due to the fault of Fantasy Club, missed meetings, unmet expectations, false identities, fraudulent acts by others, losses from gaming or gambling activity, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Fantasy Club, unavailability of Fantasy Club, its functions and any other technical failure that may result in inaccessibility of Fantasy Club, or any claim based on vicarious liability for torts committed by individuals met on or through Fantasy Club, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Fantasy Club, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
- Personal injury or property damage of any nature resulting from your access to and use of Fantasy Club.
- Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
- Any interruption or cessation of transmission to or from Fantasy Club and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Fantasy Club.
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Fantasy Club by any third party.
- Any incompatibility between Fantasy Club and your other services, hardware, or software.
- Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Fantasy Club to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
- Intellectual Property
Fantasy Club is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks.All of the marks, logos, domains, and trademarks that you find on Fantasy Club may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Fantasy Club.
- Notification of Copyright Infringement
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Fantasy Club, and we will remove all Materials if properly notified that the Materials infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Fantasy Club, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to Users and Models upon request. Information regarding submission of a notice of infringement under our DMCA Policy.
- Entire Agreement
- Policies of Our Service Providers
- Assignment and Delegation
- Cumulative Remedies
- Successors and Assigns
- Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
- Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Fantasy Club may be read by the agents and operators of Fantasy Club, regardless of whether they are the intended recipients of such messages.
- Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult materials, sexual materials and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
- Electronic Signatures
Youagree to be bound by any affirmation, assent, or agreement you transmit through Fantasy Club. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- English Language
- Export Control
You understand and acknowledge that the software elements of the Materials on Fantasy Club may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
- No Agency Relationship
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
- “Including” means “including, but not limited to.”
- No Waiver
- Other Jurisdictions/Foreign Law
- Service Not Available in Some Areas
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