TERMS OF USE FOR ALL USERS

Effective Date: May 21 2021

INTRODUCTION AND SCOPE

CheckedFan®, which includes Checked Fan, LLC, Checked Talent, LLC, Checked Merch, LLC and Stanford Entertainment Group, LLC (collectively, “CheckedFan,” “we,” “us,” “our”) owns and operates www.checkedfan.com (the “Site”). CheckedFan is a social network which enables users to share their content; other users to enjoy content and for some to do both. These Terms of Use For All Users (“Terms of Use”) set forth the allowed conduct via the Site and as you may use or otherwise engage with our services that we may offer from time to time via the Site, other websites we may from time to time establish or maintain and other social media sites (YouTube, Facebook, Twitter, Vimeo, TikTok, Snapchat, Triller, and Instagram), or otherwise through your interactions with us (the Site, our social media pages, and services, collectively, the “Services”). 

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, WHICH CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS, WHICH INCORPORATED INTO THESE TERMS OF USE, AND YOU CONSENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES. THESE TERMS OF USE GOVERN YOUR USE OF CHECKEDFAN AND YOUR AGREEMENT WITH US.

We may refuse to provide our Site or Services, close accounts, and change eligibility requirements at any time.

If you have any questions, comments, or concerns about these Terms of Use, please see the bottom of these Terms of Use for information about how to contact us.

DEFINITIONS

 

CHANGES

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. any changes or modifications will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site, Services, and all acts or omissions occurring after the effective date of the revised Terms of Use. You waive any right you may have to receive specific notice of such changes or modifications. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site and/or the Services following the posting of changes, will mean that you accept and agree to all changes or modifications.

We may update and change CheckedFan and the Site from time to time for any reason, including to reflect changes to our services, Users’ needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that the Site, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of the Site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

REGISTERING WITH CHECKEDFAN

To use CheckedFan you must first register and create a User account on the Site. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Site for the composition of passwords. To register as a User:

    1. you must be at least 13 years old, and you will be required to confirm this;
    2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
    3. you must not be barred from accessing our Site or Services under any laws which apply to you.

If you do not meet the above requirements, you must not access or use the Site.

YOUR COMMITMENTS TO US

When you register with and use the Site, you make the following commitments to us:

    1. If you previously had an account with CheckedFan, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
    2. You will make sure that all information which you submit to us is truthful, accurate and complete.
    3. You will update promptly any of your information you have submitted to us as and when it changes.
    4. You consent to receiving communications from us electronically, including by emails and messages posted to your CheckedFan account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
    5. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact info@Checkedfan.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
    6. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
    7. You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Use which apply to your use of the Site.

 

OUR RIGHTS

We have a number of rights in regards to your account, including suspending or terminating your account as follows:

    1. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Use (including, in particular, our  Acceptable Use Policy and/or any applicable law.
    2. It is our policy to suspend access to any Content you post on the Site which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law while we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at info@Checkedfan.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
    3. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your CheckedFan account, but we are not obligated to give you prior notice of such removal.
    4. We reserve the right in our sole discretion to terminate your agreement with us and your access to the Site for any reason by giving you 30 days’ notice by email or electronic message to your CheckedFan account. We can also suspend access to your User account or terminate your agreement with us and your access to the Site immediately and without prior notice:
      • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Use (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
      • if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of CheckedFan.

If we suspend access to your User account or terminate your agreement with us and your access to the Site we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with the Terms of Use for Creators.

    1. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on the Site for you to be able to access your Content following termination of your account.
    2. We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Site and cooperate with law enforcement agencies in such investigation.
    3. We can disclose any information or records in our possession or control about your use of the Site to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
    4. We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your CheckedFan account.
    5. Other than Content (which is owned by or licensed to Creators), all rights in and to the Site and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
    6. We are the sole and exclusive owners of any and all anonymized data relating to your use of the Site and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.

 

TERMS FANS MUST ABIDE BY AND ARE BOUND BY

Setting up your Account: There are two types of accounts available: CheckedFan and “VerifiedFan®” (both referred to generally as “Fan”) as specific reference to Verified Fans will be specifically identified. To set up a CheckedFan account:

a. You will need to provide us information include a username for the account and passcode for the account that you will use to access your account.

To set a VerifiedFan account:

a. You will need to provide us information include a username for the account and passcode for the account that you will use to access your account.

b. You will need to pay the necessary fee by providing us bank information in which you wish to be charged. 

Other terms applicable to Fans:

The following additional terms also control to the extent you are a Fan, even if you are also a  Content Creator:

    1. Other than Content (which is owned by or licensed to Creators), all rights in and to CheckedFan, the Site and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws. We are the sole and exclusive owners of any and all anonymized data relating to your use of the Site and such anonymized data can be used by us for any purpose.
    2. In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on the Site, you warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on the Site:
      1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
      2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
      3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on the Site.
    3. You agree that you will be liable to us and indemnify us if any of the set forth in this provision are untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
    4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of the Site. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
    5. You acknowledge that you are aware that Content that contains adult material is prohibited. 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.
    6. Subscriptions and purchases by Fans: This sub-section describes the terms which apply to transactions and interactions between Fans and Creators:

 

TERMS CONTENT CREATORS MUST ABIDE BY AND ARE BOUND BY

The following additional terms, as well as the terms of your CheckedFan Creator User Agreement, also control to the extent you are a Content Creator, even if you are also a Fan:

Fees and Costs: The details of the Fees and Costs we will charge to you are set out in your CheckedFan Creator User Agreement. 

Agencies cannot be Creators: Every Creator is the owner of their own account and must have access to their account at all times. If you have an agent or agency 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 not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Use.

Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the Person with majority control of that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with majority control of that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.

Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:

    1. All transactions and interactions facilitated by CheckedFan are contracts between Fans and Creators on the terms set forth in the contract between the Fans and Creators. Although we facilitate transactions and interactions between Fans and Creators by providing the CheckedFan platform, storing Content, and acting as a payment intermediary, we are not a party to those contracts between Fans and Creators or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
    1. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
    2. When a Fan has made the required payment for access to your Content, for the provision of customized Content or for use of the fan interaction function on your account, you must allow the Fan to view the Content paid for and/or provide the customized Content and/or allow the Fan to use the fan interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).

 

Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on the Site:

    1. Your Content is not confidential, and you authorize your Fans to access and view your Content on the Site for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
    2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on the Site:
      1. the Content complies in full with the Terms of Use (and in particular our Acceptable Use Policy);
      2. you hold all rights necessary to license and deal in your Content on the Site, including in each nation, state and local jurisdiction where you have Fans;
      3. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
      4. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on the Site; and
      5. the Content is:
        1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
        2. reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
        3. as described by you.
    1. You agree that you will be liable to us and indemnify us if any of the warranties in this are untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
    2. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of CheckedFan. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
    3. You also agree to act as custodian of records for the Content that you upload to the Site.

 

Co-authored Content:

    1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Authored Content”), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:
      1. is a Creator on CheckedFan;
      2. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
      3. has consented to the Co-Authored Content in which he or she appears being posted on the Site.
    1. In addition to the confirmations above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the CheckedFan account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
    2. You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on CheckedFan or you have such person’s express consent.
    3. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on CheckedFan.
    4. You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
    5. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

Payouts to Creators will be in accordance with your CheckedFan Creator Use Agreement.

Circumstances in which we may withhold Creator Earnings are provided in detail in your CheckedFan Creator User Agreement.

 

Promoting Tax compliance:

    1. General:
      1. We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax rules, based on your individual circumstances.
      2. By using CheckedFan as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of CheckedFan to the relevant Tax authority in your jurisdiction, as required by law.
      3. By using CheckedFan as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point while you have a CheckedFan account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
        1. notify us by email to info@checkedfan.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
        2. promptly provide us by email to info@checkedfan.com   with:
          1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
          2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
          3.  
      4. For the avoidance of doubt, you are responsible for your own Tax affairs and CheckedFan is not responsible or liable for any non-payment of Tax by Creators.
      5. We reserve the right to close your CheckedFan account if we are notified of or become aware of any Tax non-compliance by you.

 

WHAT WE ARE RESPONSIBLE FOR

We will use reasonable care and skill in providing CheckedFan to you, but there are certain things which we are not responsible for, as follows:

    1. We do not authorize or approve Content on the Site, and views expressed by Creators or Fans on the Site do not necessarily represent our views.
    2. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
    3. Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on the Site, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on the Site.
    4. All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via the Site. We are under no obligation to monitor Content or to detect breaches of the Terms of Use (including the Acceptable Use Policy).
    5. You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of CheckedFan and that if you choose to do so, you do so entirely at your own risk.
    6. We make no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of CheckedFan.
    7. The materials which we make accessible on the Site for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
    8. We do not promise that the Site is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access the Site. You should use your own virus protection software.
    9. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Site.
    10. While we try to make sure that the Site is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
    11. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
    12. You acknowledge that once your Content is posted on the Site, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Use or by third parties prior to the deletion of your account.

 

INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP AND LICENSES

    1. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content, which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered in sub-section (b) directly below in the United States of America only as the Site and our Services are not to be used or otherwise access outside the United States.
    2. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of CheckedFan. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
    3. The license which you grant to us under sub-section (b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using CheckedFan, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of CheckedFan, as well as to use your Content for other normal operations of the Site. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Use in the event of a sale of our company or its assets to a third party.
    4. While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see COMPLAINTS AND ARBITRATION AGREEMENT to learn how to raise any complaints regarding violations of your intellectual and/or copyright rights.
    5. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on the Site. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

 

CONNECTING TO CHECKEDFAN THROUGH SOCIAL MEDIA

You can connect to CheckedFan through various social media sites, such as Twintter, YouTube, Facebook, Vimeo, TikTok, SnapChat, Triller, Instagram and others.  In each case, you must fully comply with the terms of service of each site through which you connect.  

Linking to and from the Site:

    1. Links to the Site:
      • You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
      • If you are a Creator, when promoting your Creator account you must comply with our Terms of Use and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate CheckedFan or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your CheckedFan account by using Google Ads or any similar advertising platform or search engine advertising service without our consent.
    1. Links from the Site: If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

HOW TO DELETE YOUR ACCOUNT

If you want to delete your CheckedFan account then you may do so in the ‘User Account’ section of your CheckedFan account.

    1. If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
    2. If you are a Creator, then once you initiate the “delete account” process your account will remain open until the last day of your Fans’ paid subscription period, following which you will receive your final payment and your account will be deleted.
    3. If you are both a Fan and a Creator, then your account will be deleted in two stages (Fan first and then Creator).
    4. Once your account has been deleted you won’t be charged any further amounts or have access to your former CheckedFan account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on the Site for you to be able to access your Content following termination of your account.

 

RESPONSIBILITY FOR ANY LOSS OR DAMAGES YOU MAY SUFFER

    1. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
    2. If you are a consumer User: If you are a consumer User, you agree that:
      • We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of the Site.
      • If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to $200 (US) per claim.
    1. If you are a business User: If you are a business User, you agree that:
      • We and our subsidiary companies, employees, owners, representatives, and agents:
        • exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it. This means that if the Terms of Use do not expressly include a promise or commitment by us, then one cannot be implied by law;
        • are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Use or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Use, both we and you knew it might happen;
        • won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
          • your inability to use the Site or any of our Services, features or programs; or
          • your use of or reliance on any content (including Content) stored on the Site;
        • won’t be liable to you for any:
          • loss of profits;
          • loss of sales, business, or revenue;
          • business interruption;
          • loss of anticipated savings;
          • loss of business opportunity, goodwill or reputation;
          • loss of data or information, including any Content; or
          • indirect or consequential loss or damage;
        • won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any of its Services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
        • won’t be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
        • won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
        • won’t be liable to you for any failure or delay by us in complying with any part of the Terms of Use arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Use arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
      • Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of: 100% of the total fees paid by you to us in connection with your use of the Site or $5,000 (US).

 

GENERAL TERMS

You agree that:

    1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
    2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
    3. We reserve all rights not expressly granted to you.
    4. No implied licenses or other rights are granted to you in relation to any part of the Site or CheckedFan, save as expressly set out in these Terms of Use.
    5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled RESPONSIBILITY FOR ANY LOSS OR DAMAGES YOU MAY SUFFER may be enforced by our subsidiary companies, employees, owners, representatives and agents.
    6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
    7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
    8. These Terms of Use form the entire agreement between us and you regarding your access to and use of the Site, and supersede any and all prior oral or written understandings or agreements between us and you.

 

COMPLAINTS AND ARBITRATION AGREEMENT 

If you feel or believe that your rights were harmed in any way or form or that your agreement with us was breached or otherwise violated, you may contact us at info@checkedfan.com and lodge a complaint. Such complaint shall include how and why you believe rights in accessing or otherwise using our Site or Services or otherwise engaging with us in any way were harmed, and the required evidence. Following receipt of your complaint:

    1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
    2. if we require further information or documents from you, we will contact you to let you know;
    3. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on the Site and we are satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content.

We will respond to most complaints within 14 days, and shall offer the required remedies; however, if you Complaint concerns another Fan or Creator and does not concern a claim against us, we are not obligated to inform you of the outcome of your complaint.

In the event your claim is against us and we are unable to come to a timely mutual resolution of the matter, we remain committed to resolving all disputes in a fair, effective and cost-efficient manner, these Terms of Use requires that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances. These Terms of Use are governed by Texas law regardless of where users access or use the Site or our Services.  

You and we agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:

    1. Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
    2. Claims that arose before these or any prior versions of our Privacy Policy, Terms of Use (including, but not limited to, claims relating to advertising), or any other policies or agreements you have with us;
    3. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; 
    4. Claims that may arise after termination of you agreement with us;
    5. For the purposes of this Arbitration Agreement, references to “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of our Services or devices under these Terms of Use, our Privacy Policy or any prior agreements between us.
    6. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by accessing and using the Site or our Services, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.
    7. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to us should be addressed to: Notice of Dispute, CheckedFan, 5300 Memorial Drive, Suite 1000, Houston, Texas 77007 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or we may commence an arbitration proceeding.
    8. During the arbitration, the amount of any settlement offer made by us or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
    9. You may download or copy a form to initiate arbitration from the AAA website (http://adr.org) under the “Forms” tab.
    10. After we receive a Notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request to do so at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Use. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the amount of your claim, any recovery is still limited to the amounts set forth above. 
    11. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving us. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
    12. Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
    13. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
    14. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
    15. Your agreement with us is governed by Texas law and will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). 
    16. LIMITATION PERIOD FOR BRINGING CLAIMS: Except where prohibited by applicable law, any claim or cause of action which you have concerning CheckedFan or the Site (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.

 

OTHER TERMS THAT FORM PART OF YOUR AGREEMENT WITH US

These Terms of Use govern your agreement with us. Certain other terms or policies forming part of the Terms Of use will also apply to you and form part of your agreement with us, as follows: (a) Privacy Policy and (b) Acceptable Use Policy. 

If there is any conflict between these Terms of Use and any of the terms contained in the Privacy Policy and/or the Acceptable Use Policy, these Terms of Use will apply to the extent of the conflict.