USER TERMS AND CONDITIONS (T&C)
PART A – GENERAL TERMS [APPLICABLE TO ALL USERS (INCLUDING CREATORS AND FANS)]
These terms and conditions form a contract between User (hereinafter “you” or “your”) and TILDE LLC d/b/a FANBUCKET that governs your access and use of the website/app. Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of the Services, you agree to comply with all of the terms and conditions set out in this document. We may terminate your Account or block your Internet Protocol (IP) address at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believes is harmful to our business, or for conduct where the use of the services is harmful to any other party.
The domain name www.Fanbucket.com (hereinafter referred to as "Website") is owned by TILDE LLC, a limited liability company incorporated under the laws of State of California, with its registered office at 2108 N ST STE 4059, SACRAMENTO, CA-95816 (hereinafter referred to as “we”, “us”, “our”, or “Company”).
Your use of the website/app, our services and tools are governed by the following terms and conditions ("Terms"). If you transact on the website/app, you shall be subject to the terms and policies that are applicable to the website/app and services for such transaction. For the purpose of these Terms, "You" or "User" shall mean any person who has agreed to become a user on the website/app by providing Registration Information while registering on the website/app as Registered User using the computer systems.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE/APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. BY CLICKING “I AGREE” TO THESE “TERMS AND CONDITIONS”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
1.1 As used in this Agreement, the following terms shall have the meanings hereinafter set forth, except as otherwise provided herein:
“Content” means, including but not limited to, any photos, images, videos, audio clips, text, comments or any other material uploaded by user on Fanbucket platform.
“Creator” means any person who has agreed to become a Creator on the website/app by providing Registration Information while registering on the website/app.
“Fan” means any person who has agreed to become a user on the website/app by providing Registration Information and follows another user (i.e. a creator) and/or view another user’s content (i.e. creator’s content).
“Fanbucket Personnel” means Company’s employees, subcontractors, vendors, agents, and invitees.
“Intellectual Property” means all algorithms, methodologies, application programming interfaces (APIs), apparatus, concepts, data, databases and data collections, designs, diagrams, documentation, drawings, flow charts, formulae, inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including brand names, product names, logos, and slogans), methods, models, procedures, processes, schematics, software code (in any form including source code and executable or object code), specifications, subroutines, techniques, tools, uniform resource identifiers, user interfaces, works of authorship, and other forms of technology.
“Intellectual Property Rights” means all past, present, and future rights of thefollowing types, which may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) registered or unregistered trademarkand trade name rights and similarrights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in intellectual property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissuesof, and applications for, any of the rights referred to in clauses(a) through (f) of this sentence.
“NSFW” (Not Safe for Work) means any content which is unsuitable to view at work due to profanity, nudity and/or sexuality.
“Services” means any services provided by Company to the Registered User.
"Subscription" means a User's (i.e. Fan) subscription to a Creator's account.
1.2. Unless context clearly requires otherwise: (a) “including” means “including without limitation;” (b) “and” means “and/or,” and “or” means “and/or;” (c) words using the singular or plural number include the plural or singular number, respectively; and (d) words of any gender include the other gender.
2. ELIGIBILITY: User must be at least 18 years of age. User represents and warrants that (i) User have the right and authority to enter into this user agreement; and (ii) he/she abides all of the terms and conditions of this document.
3. MINOR: We reserve the right to terminate your use and refuse to provide you with access to the website/app or any services if it is brought to our notice or if it is discovered that user is under the age of 18 years.
4. UPDATES: We may change these Terms from time to time, by posting updates to our website/app. An update will be effective for any website/app use after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to terminate his/her User Account. The user's continued use of services will constitute binding acceptance of such modifications.
6. ELECTRONIC COMMUNICATIONS: When you visit our website, use our app or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
7. USER ACCOUNT SAFETY: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your IP on the Website/app and refuse to provide You with access to the Website/app. User agrees to notify Company immediately of any unauthorized use of User’s Account. Company shall not be liable for any unauthorized use of User Account.
8. USE OF COMMUNICATION SYSTEM: User can use our communication tools in accordance with the following rules. Failure to comply with the following rules may result in suspension and/or termination of your user account:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) only;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of our company or our affiliates; and
- You must not use our Platform for unauthorized mass-communication such as “spam” or “junk mail”.
User Acknowledgement: You acknowledge that we reserve the right to monitor any and all communications made to us or using our communication system. You acknowledge that we may retain copies of any and all communications made to us or using our communication system. You acknowledge that any information you send to us through our communication system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
9. DISCOUNTS, OFFERS; & PROMOTIONS: Any agreed discounts or special offers are offered by Company, and we reserve the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by Company at its absolute discretion and decision.
11. LICENSE: Our website, application, software and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our website/app is based on the license of Company’s Intellectual property to user. Company grants user a limited, non-transferable license to use Company’s website, app, tools and related services in accordance with these T&C. Company reserves all rights in the Intellectual Property not expressly granted to user. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website, app, tools and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Site/app (or any part thereof), including but not limited to the website, app, features, look, feel, and functional elements and related services.
12. INTELLECTUAL PROPERTY: Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company.
13. USER’S CONTENT/DATA/REVIEW: Users are solely responsible for all materials including comments and texts (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Website/app. Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website/app, by such User or through the User’s commissions or omissions.
You acknowledge and agree for not to use, nor permit any third party to use, the website/app to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal and fraudulent information,
- threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Trojan horse, worm or other disruptive or harmful software or data; and
- Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
Please read our Acceptable Use Policy for more details.
14. FEEDBACK: We use feedback you provide. You acknowledge and agree that we may use feedback submitted by you or any suggestions, or ideas in any way, including in advertising or marketing materials. You grant us a perpetual, worldwide, transferable, sub-licensable, fully paid-up, royalty free license to use the feedback.
15. MONITORING: We may monitor your account. We may disclose any information necessary for our legal obligations to protect Company or its customers. We, in our sole discretion, may refuse to post or remove any Content, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of these terms and conditions.
16. SUPPORT: You will receive customer support via email or phone based on your specific issues.
17. PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, app, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, app, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website, app or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (v) interfere or attempt to interfere with the proper working of our website/app or any activities conducted on the website/app, (vi) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vii) bypass any measures Company may use to prevent or restrict access to the website/app, software or the Services.
18. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS PARTNERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
19. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE T&C, BY USING THE WEBSITE/APP, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THIS WEBSITE/APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS WEBSITE/APP.
20. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, APP, ANY WEBSITES LINKED TO IT, ANY PRODUCT OR SERVICES MADE AVAILABLE ON THE SITES/APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS LIMITED TO “US$ 100 [Hundred Dollars]” OR ACTUAL DAMAGE, WHICHEVER IS LOWER, AND TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
21. INDEMNIFICATION: You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website, app or your negligence or willful misconduct.
22. JURISDICTION AND APPLICABLE LAW: The use of the website or other related services and any agreements entered into through the website are to be governed by and construed in accordance with the laws of the STATE OF CALIFORNIA without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in SACRAMENTO COUNTY, STATE OF CALIFORNIA for any action or proceeding arising out of or relating to these Terms and Conditions.
23. TERMINATION: You can terminate your user account at any time by sending an email to us or through account/app settings.
24. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third-Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
25. WAIVER AND SEVERABILITY: If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
PART B – FAN TERMS [APPLICABLE TO FANS ONLY]
These Terms and Conditions for Fans are additional terms which apply if you use Fanbucket as a Fan.
1. ADULT MATERIAL: You acknowledge that you are aware that some of the Content on Fanbucket contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
2. INTERMEDIARY SERVICE: All Fan/Creator Transactions are contracts between Fans and Creators. We only facilitate Fan/Creator Transactions by providing our platform and storing Content. We are not a party to the Fan/Creator Transactions and are not responsible for any financial loss or damages.
3. SUBSCRIPTIONS: You can purchase/subscribe virtual products and/or services from Creator’s page via credit/debit card or via third party payment processor. All purchases are processed using the Payment Method you provide on the Website or App. All subscriptions are currently prepaid. If you subscribe any Creator’s Content, you agree to pay the prices displayed to you for the Products/Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Company to charge the payment method you provide. Creators are solely responsible for determining the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire. If you cancel your subscription, it will not remove your profile from our platform. You can fully remove your profile by terminating your account with us.
4. CHARGEBACK: You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
5. CHANGE OF PAYMENT METHOD: You can change your Payment Method by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
6. CREDIT/DEBIT CARDS: You authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
7. REFUNDS: All purchases are final and nonrefundable (including no refunds or credits for partially used periods).
PART C – CREATOR TERMS [APPLICABLE TO CREATORS ONLY]
These Terms and Conditions for Creators are additional terms which apply if you use Fanbucket as a Creator.
1. ONLY INDIVIDUALS: Only individuals can be Creators. Every Creator is bound personally by our Terms & Conditions. If you have an agent, agency, company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you and you will be legally responsible for ensuring that all Content posted and all use of your account complies with our Terms and Conditions.
2. FEES AND CHARGES: There are certain fees and charges for our services. For a current listing of all applicable fees, see our current Schedule of Fees and Charges.
Schedule for Fees and Charges
|Our Fees||Creator’s Earnings|
|20% of all Fan Payments (excluding taxes) will be retained by us as Our Service Fees.||80% of all Fan Payments (excluding taxes) will be released to Creators after 7 days holding period.|
|Bank Transfer Charges|
|Via PayPal/Stripe|| |
|Direct Bank Transfer|| |
3. WITHHOLDING OF EARNINGS: We may withhold all or any part of the Creator Earnings for those conducts that are in breach of these Terms (including chargebacks), or that we believe is harmful to our business, or where the use of the services is harmful to any other party. We may also withhold all or any part of the Creator Earnings if we believe that all or any part of the Creator Earnings results from unlawful or fraudulent activity.
4. VERIFICATION: For the purpose of verification of the user, we may require you to perform certain actions for verification of your identity including e-mail address, mobile phone number, as well as for verification of the Federal ID/SSN, Driving License, Passport and accuracy of the bank information provided by you. You agree that our Identity Verification Services may not be fully accurate as all Services are dependent on User’s information and verification services provided by third parties. Company will use its feedback system to evaluate Users on the website. Company makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. Company reserves the right to conduct—and you authorize company to conduct—any background check or other screenings at any time using available public records, and you agree that any information you provide may be used for that purpose.
5. INTERMEDIARY SERVICE: All Fan/Creator Transactions are contracts between Fans and Creators. We only facilitate Fan/Creator Transactions by providing our platform and storing Content. We are not a party to the Fan/Creator Transactions and are not responsible for any financial loss or damages.
6. SUBSCRIPTION PRICING: Creators are solely responsible for determining the pricing applicable to Fan/Creator Transactions and the Content to which fan may be given access. Company is not responsible for any financial loss or damages in case of wrong pricing.
7. CREATOR’S CONTENT: Creators are solely responsible for all materials including images, photos, videos, sound clips or any other material (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“Creators’ Content”).
8. INTELLECTUAL PROPERTY RIGHTS: Each Creator represents and warrants that he/she owns all intellectual property rights in the Creator’s Content and that no part of the Creator’s Content infringes any third-party rights. You authorize your Fans to access and view your Content for their own lawful and personal use. Creator further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Website/app. Creator agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website/app, by such Creator or through the Creator’s commissions or omissions.
9. CREATOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS: Creator further represents, warrants and covenants that (a) no material uploaded by creator will (i) infringe or misappropriate any third party’s Intellectual Property Rights; or (ii) breach any duty toward, or rights of, any third party, including rights of publicity or privacy; or (iii) be false, deceptive, misleading, unethical, defamatory, libelous, or threatening unlawful, harmful, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable; (b) Creator will not resale or distribute other user’s data to third parties; (c) creator’s actions under this Agreement will comply with all applicable laws; and (d) it will not use the website in a manner that reasonably could be expected to damage or cause injury to the other user, Company’s Network System or otherwise reflect unfavorably on the reputation of Company. You agree that you will be liable if any of the warranties provided under these terms are untrue.
Last Reviewed date:
|Date||Reviewed By||Changes (If any)||In Effect as of (Date)|
| || || || |