1. Acceptance of the Terms
The Terms are entered into by and between Fantasy Club and you, the User. Any reference herein to User means any user of Fantasy Club whether a Fan or Creator or both (as applicable, referred to as “you” or “your”). A Creator means a User who has set up a Fantasy Club account as a Creator to stream Content on Fantasy Club to be viewed by other Users. A Fan is a User who views Content streamed by a Creator on Fantasy Club. Content means any video and/or audio material streamed to Fantasy Club by a Creator.
You acknowledge that the Website contains sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which you reside. You agree not to enter or use the Website if you are not 18 years of age or older, if sexually oriented adult material offends you, or if you are accessing the Website from any community or country where adult material is specifically prohibited by law. Fantasy Club will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing adult material including in any way which places you in breach of any agreement that you have with a third-party (ex. your employment agreement) or in breach of any applicable law.
Fantasy Club may in its sole discretion make improvements, modifications and/or changes to the Website including services and prices that are offered or described on the Website, at any time, without prior notice. You are responsible for regularly reviewing these Terms and your continued use of the Website constitutes your agreement as to all such updated or modified terms.
Fantasy Club strictly prohibits the Website being used in any way to engage or participate in, assist, support, facilitate or promote any act of prostitution or sex trafficking, including but not limited to sex trafficking of children, or sex trafficking by force, fraud or coercion.
You may not use the Website to (1) exchange any personal contact information with a Creator or otherwise communicate with a Creator that in any way is intended to result in a face-to-face meeting between you and a Creator; (2) redirect Users to another website or platform; (3) communicate with a Creator regarding the use of any other online service to enter into a transaction with a Creator; (4) bully, abuse, harass, threaten or intimidate any person; (5) engage in misleading or deceptive conduct or conduct that is likely to mislead or deceive another person; (6) violate anyone’s intellectual property rights, such as copyright, trademarks, trade dress or confidential or proprietary information; or (7) introduce any virus, trojans, worms, logic bombs or other material which is or may be malicious or technologically harmful. The violation of any prohibited conduct will result in the immediate cancellation of your account with Fantasy Club and you will be permanently blocked or otherwise prohibited from using Fantasy Club. Fantasy Club will cooperate fully with any criminal investigation by any police or other government criminal enforcement agency in the prosecution of a Creator arising from any actual or threatened unlawful or illegal conduct.
“Content” means any material streamed to the Website by a Creator, including any photos, videos, audio (ex. music and other sounds), livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
Content provided by Creators is the reason Fantasy Club exists. Our goal at Fantasy Club is to allow Creators to innovate in live streaming by freeing them from arbitrary, stigma-based restrictions Content. Unlike other platforms that generate revenue with commercial partnerships, which come with excessive content restrictions, we only monetize Content provided by Creators.
- You may not stream Content that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity;
- You may not use Fantasy Club or stream Content in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years of age for, by example, exposing them to inappropriate Content;
- You may not stream Content on the Website that shows, depicts, includes or refers to:
- any individual under 18 years of age; or
- any other individual unless you have written confirmation that all individuals shown or included or referred to in your Content are at least 18 years old, and you have written consent from each individual to use their name and/or image in the Content.
- You may not stream Content on the Website that shows, promotes, advertises, or refers to:
- child pornography
- escort services, prostitution or sex trafficking
- violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse, extreme fisting, or genital mutilation or dismemberment
- vomiting, menstruation, urine, scatological, or excrement-related material
- sexually explicit material featuring any individual who has not given prior, express or informed consent to that material being taken, captured, or otherwise memorialized or being streamed on the Website
- self-harm or suicide
- illegal drugs or illegal drug paraphernalia
- firearms, weapons or any item whose sale, possession or use is subject to prohibition or restriction
- hate speech (Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic)
- You may not stream Content on the Website that contains unsolicited sexual content or unsolicited language that sexually objectifies another individual in a non-consensual way, or contains fake or manipulated sexual content in relation to another individual;
- You may not stream Content on the Website that contains or refers to any individuals personal or confidential information (ex. telephone numbers, residential or business addresses, GPS coordinates), email addresses, log-in credentials, passwords and security questions or financial information such as bank account and credit card credentials, biometric data and medical records, without that person’s express written consent;
- You may not stream Content on the Website that is used or is intended to be used to extract money or another benefit from any person in exchange for removal of the Content;
- You may not stream Content on the Website that promotes or has the intention or effect of bullying, abusing, harassing, threatening or intimidating any person;
- You may not stream Content on the Website to engage in misleading or deceptive conduct or conduct that is likely to mislead or deceive another User;
- You may not stream Content on the Website that violates anyone’s intellectual property rights, such as copyright, trademarks, trade dress or confidential or proprietary information; and
- You may not stream Content on the Website to knowingly introduce any viruses, trojans, worms, logic bombs or other material which is or may be malicious or technologically harmful.
The streaming of any Prohibited Content, as described above, will result in the immediate cancellation of your account with Fantasy Club and you will be permanently blocked or otherwise prohibited from using Fantasy Club.
Users and creators cannot create multiple accounts in order to pay a creator and/or gain promotional ranking.
Creators must be actively engaged in their Fantasy Club stream.
Purposeful exploitation of the website and promotions is grounds for immediate account deletion and forfeiture of all bits.
NO BELOW THE WAIST NUDITY IN FREE CHAT
No below the waist nudity is allowed in “free chat.” Below the waist nudity is only allowed when “Pay-Per-view” or “Pay-Per-Shows” are in progress. Below the waist nudity in free areas will result in warnings, temporary suspension, or permanent closing of your account for repeat offenders.
Private Shows and Third-Party Content Policy
As creator and provider of Content, Creator agrees to end any game or content streaming besides Creator’s cam stream as soon as a cam show goes private. Creator may not privately stream games or other media in a private show where the public cannot see the content.
5. Intellectual Property Rights – Ownership and Licenses
Fantasy Club does not own any Content streamed on the Website by a Creator. Each Creator is the owner of or has obtained all necessary rights to license the Content to Fantasy Club streamed on the Website. By setting up a Creator account and streaming Content on the Website you, as Creator, grant Fantasy Club a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable license to make available to the public, stream, transmit, distribute and display (through all media now known or hereafter created) your Content on the Website. Fantasy Club will never sell your Content to any third party, although we may sell or transfer any license that a Creator grants Fantasy Club in the event of a sale of Fantasy Club or its assets to an unaffiliated third party.
Creator grants to Fantasy Club the limited right to submit notifications of infringement (including of copyright or trademark) on Creator’s behalf to any third-party that owns or operates a website streaming, transmitting, distributing or displaying your Content without your permission. Although we are not required to do so, Fantasy Club may at any time submit or withdraw any such notification to any third-party that owns or operates a website where we consider it appropriate to do so. However, Fantasy Club is under no obligation to monitor or investigate infringements of your Content. Creator agrees that if requested by Fantasy Club, Creator will provide Fantasy Club with all consents reasonably necessary to submit notifications of infringement on Creator’s behalf.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Fantasy Club. No part of the Website may be reproduced or retransmitted in any way, or by any means, without the express written permission of Fantasy Club. You also may not, without Fantasy Club’s prior express written permission, “mirror” any of the Content contained on the Website on any other server.
Fantasy Club is committed to respecting others’ intellectual property rights, and we ask our Users to do the same. Fantasy Club may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on the Website, please contact our copyright agent as described in our Copyright Policy.
Nothing on the Website shall be construed as conferring any license under any of Fantasy Club’s or any Creator’s intellectual property rights, whether by estoppel, implication, or otherwise.
Permission is granted to access and view Fantasy Club’s Content on the Website for your personal, non-commercial use only provided that you do not copy the Content. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any Content copied from the Website.
Fantasy Club charges Fans for bits. Bits are the currency for the Fantasy Club platform. After bits are successfully purchased, they appear in a Fan’s wallet. Fans are charged bits to pay the Creator (“Creator Fee”) for tips, pay per view and pay per minute. All Creator Fees are in the sole discretion of the Creator. Fantasy Club does not set Creator Fees.
Bits paid with a credit card are processed by CCBill. All credit card inquiries and account information may be found at CCBill Consumer Support at ccbill.com/support/consumer.
Bits may also be paid using Bitcoin. All Bitcoin payments are made to and processed by Fantasy Club. All Bitcoin inquiries and account information should be directed to email@example.com.
FANTASY CLUB RESERVES THE RIGHT, AT ANY TIME, TO REVISE, IMPLEMENT OR SUPPLEMENT ANY FEES FOR SERVICES THAT IT PROVIDES ON THE WEBSITE AND TO REVISE, IMPLIMENT OR SUPPLEMENT BILLING METHODS AND PLATFORMS.
7. Refund Policy
All sales using Bitcoin are final and there are no cash refunds. In the sole discretion of Fantasy Club, credits may be provided in the form of free bits or discounts in the event a Fan experiences technical difficulties in streaming Content from a Creator.
All comments, communications and ideas disclosed, submitted or offered to Fantasy Club on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the “Comments”) shall be and remain Fantasy Club’s property. Such disclosure, submission or offer of any Comment shall constitute an assignment to Fantasy Club of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fantasy Club will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fantasy Club is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay User any compensation for any Comments; or (3) to respond to any User Comments. You agree that no Comments submitted by you to the Website will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because Fantasy Club has no control over such sites and resources, you acknowledge and agree that Fantasy Club is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Fantasy Club will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Website may be linked to other websites that are not under the control of and are not maintained by Fantasy Club. Fantasy Club is not responsible for the content of those sites. Fantasy Club is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Fantasy Club of those sites.
You agree to indemnify and hold Fantasy Club, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Website, including but not limited to any claim that the Content streamed violates any third-party intellectual property rights and/or breaches an applicable third-party license.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY FANTASY CLUB ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS.” FANTASY CLUB DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FANTASY CLUB MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. IN NO EVENT WILL FANTASY CLUB BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
FANTASY CLUB MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTASY CLUB OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. FANTASY CLUB’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, FANTASY CLUB IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF FANTASY CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST FANTASY CLUB FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD FANTASY CLUB HARMLESS FROM, AND YOU COVENANT NOT TO SUE FANTASY CLUB FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Fantasy Club will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Fantasy Club on the Website and other than generally available third-party web browsers (e.g., Internet Explorer, Safari).
Fantasy Club, in its sole discretion, may terminate your password, your account, your use of any of the on-line resources available on the Website, and remove and discard any Content on the Website, for any reason, including, without limitation, for lack of use or if Fantasy Club believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Website under any provision of the Terms may be effected without prior notice, and Fantasy Club may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Website. Further, Fantasy Club will not be liable to you or any third-party for any claims or losses arising out of the termination or suspension of your Account or your access to the Website. As an example, Fantasy Club has the right to terminate your account in response to the Website receiving a complaint alleging that a Creator’s streams infringe third-party intellectual property rights, regardless of whether there is actual infringement. In such instances, Fantasy Club may provide Users with an opportunity to refute any clams of infringement through a counter-notification policy, but Fantasy Club shall not be obligated to do so and maintains complete discretion of whether this opportunity is provided.
The Terms constitute the entire agreement between you and Fantasy Club and govern your use of the Website, superseding any prior agreements between you and Fantasy Club (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other Fantasy Club services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to Fantasy Club for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Fantasy Club will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Fantasy Club seeks such an injunction.
Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Fantasy Club agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
Fantasy Club controls and operates the Website from its headquarters in Allegheny County, Pennsylvania, United States of America, and makes no representation that the Content is appropriate or available for use in other locations. If you use the Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
The failure of Fantasy Club to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.