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 some Users to share their Content; other Users to enjoy content and for some Users to do both. We refer to those Users who share Content as “Creators” and those Users who pay to view Creators’ Content as “Fans”, which includes different levels. This Acceptable Use Policy explains our requirements and standard for how you access the Site and use the Content and Services offered on the Site.
This Acceptable Use Policy (the “Policy”) applies to your use of the Site and all Content on the Site and forms part of your agreement with us. This Policy sets out what is and is not permitted on the Site.
In order to access the Site or the Services, you must:
- Be at least 13 or have the proper consent of your parent/guardian, which is verified;
- Complete the registration process;
- Agree to the terms of our use agreements, including this Acceptable Use Policy; and
- Provide true, complete and up to date information to us and not include anything that is not true or that otherwise infringes on the requirements of this Policy.
By accessing the Site and the Content or by using the Services, you represent and warrant that you meet all the requirements listed above. We may refuse to provide you with the services, suspend or close your account, and change eligibility requirements at any time in accordance with the terms of this Policy, which we may modify from time to time.
USER AND CONTENT CREATOR OBLIGATIONS
Whether you are a user, fan, and/or content Creator, you agree that, where applicable, you will do all of the following:
- Keep contact information for your account updated and promptly respond to inquiries from us.
- Use reasonable efforts to prevent the unauthorized access to or use of the Site or Services and notify us promptly of any such unauthorized access or use.
- Be responsible for ensuring that your computer systems, technology or other similar items used in connection with the Site or Services do not interfere with or disrupt the integrity or performance of the Site or Services.
- Use the Site or Services in compliance with applicable law, your agreements with us and this Policy.
- Not use the Site except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of the Site to or with anyone else.
- Only use the Site in a manner and for a purpose that is lawful.
- Not upload, post, display, or publish Content on the Site that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
- Not use to Site in any way that is unlawful, discriminatory misleading, harassing or fraudulent.
- Not use the Site in any way which may exploit, harm, or attempt to exploit or harm any individual or may expose any individual under 13 years old to inappropriate Content.
- Not upload, post, display, or publish Content on the Site that:
- shows, includes or refers to:
- any individual under 13 years old (or which refers to individuals under 13 years old generally); or
- any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 13 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
- shows, promotes, advertises or refers to:
- inappropriate language, including profanity;
- uprising or insurrection-type activities;
- firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- drugs or drug paraphernalia;
- self-harm, suicide, or homicide;
- cruelty to animals, including animal torture and bestiality;
- violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
- urine, scatological, or excrement-related material;
- “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on the Site);
- sex work, escort services, sex trafficking, or prostitution;
- contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including “deepfakes”);
- contains, promotes, advertises or refers to hate speech (being 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);
- contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for The Site including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person’s express written consent;
- includes nudity or sexual activity.
- shows, includes or refers to:
- gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
- causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
- is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
- involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
- Do not use the Site to stalk, bully, abuse, harass, threaten or intimidate anyone.
- Do not use the Site to engage in misleading or deceptive conduct or conduct that is likely to mislead or deceive any other User.
- Respect the intellectual property rights and copyrights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
- Do not do anything that violates our or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
- Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
- Do not provide false account registration information or make unauthorized use of anyone else’s information or Content.
- Do not post or cause to be posted any Content, which is spam, which has the intention or effect of artificially increasing any Creator’s views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
- Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
- Do not use other media or methods (for example the use of code words or signals) to communicate anything which violates this Policy.
- Do not knowingly introduce any viruses, Trojan horses, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
- Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Site.
- Do not use the Site in a way that could adversely affect our systems or security or interfere with any other User’s use of the Site, including their ability to engage in real time activities through the Site.
- Do not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, scrape, collect, harvest or gather Content or information from the Site.
VIOLATIONS OF THIS POLICY
We can remove or restrict access to Content that is in violation of this Policy.
If we remove Content that you have shared in violation of this Policy, we may immediately review the Content.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to us.
We welcome questions and comments about this Policy, which should be directed to us at info@CheckedFan.com or by mail at CheckedFan, 5300 Memorial Drive, Suite 1000, Houston, Texas 77007.