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TERMS OF USE

Welcome to Fanmob!

These are Fanmob's terms of use. By using Fanmob, you agree to these terms.

Fanmob is a platform where fans can support and engage with artists. These are Fanmob’s terms of use and apply to all users of the Fanmob website and mobile applications. “We,” “our” or “us” refers to Fanmob Corp. “Fanmob” refers to this website, mobile app and the services offered by us.

By using Fanmob you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy, community guidelines and any other policies we post on Fanmob.

Fanmob is a platform. We are not responsible for the quality, timing or legality of content or rewards

We may sometimes make changes to these terms. If we make material changes that adversely affect your rights under these terms, then we will let you know by posting an announcement on the site or sending you an email prior to the changes coming into effect. Continuing to use Fanmob after a change to these terms means you accept the new terms.

ACCOUNT CREATION

You must be at least 13 years old to register for an account, and to pay or accept money there are other requirements. You are responsible for your account.

When you register for an account you must provide us with accurate information. If you don’t provide us with accurate information then we may not be able to assist you with accessing your account.

To register for an account you must be at least 13 years old. To give or receive pledges you must be at least 18 years old or have your parent’s permission. If you know a user is under the age of 13, please report them to us.

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.

USER CONDUCT

Don’t do bad stuff. Be responsible and use common sense.

You are responsible for all the activity on your account. If you do bad things we may terminate your account. For starters:

Illegal Activities - Don’t break the law or encourage others to break the law.

Abuse - Don’t harass or bully others, or promote violence or hatred towards others.

Personal Information - Don’t distribute others’ personal information or otherwise abuse it. Artists with access to their backers personal information should not use it for anything unrelated to Fanmob.

Fraud - Don’t post information that is false or otherwise misleading.

Impersonation - Don’t impersonate anyone. Don’t use another’s account, or allow others to use your account.

Username Squatting - Don’t create an account to prevent others from using the name or to sell the name.

Intellectual Property - Don’t infringe on others’ intellectual property rights.

Spam - Don’t spam others or distribute unsolicited advertising material.

Malware - Don’t use Fanmob to host or distribute, malicious or destructive software.

Endorsement - Don’t claim endorsement by Fanmob without our prior written approval.

Service Degradation - Don’t degrade others’ use of Fanmob.

Data Mining - Don’t crawl, scrape or otherwise index information on Fanmob.

Reward Sharing - Don’t support a artist and then share their artist-only content without permission from the artist.

Reverse Engineering - Don’t take apart Fanmob to figure out our secret sauce.

Please also see our community guidelines for specific guidance in some of these areas. These guidelines are not meant to be exhaustive. If you find a new and creative way to hurt Fanmob or our users we may take action to prevent it.

FAN TERMS

Fans buy artist tokens for creating content and accessing their page. Fanmob is not responsible for the quality, timing or legality of content, rewards, merch.

To become a fan simply create an account, and update your preferred payment method (either credit card or PayPal) to back to any artist!

To support an artist and gain access to their exclusive page, you must have possession of their artist specific tokens. You can get these tokens by either earning them through becoming aware of a fandrop (token airdrop) from an artist, knowing and inputting the secret passcode to claim free tokens or purchase tokens from their crowdfunding campaign.

If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial token purchase amount.

No refunds once a token is purchased.

In certain situations you may lose access to an artist’s page, exclusive content, including rewards. These include when you carry no more tokens, the artist blocks you, or the artist deletes their account.

We have no control over the quality, timing or legality of content or rewards. We do not grant refunds for failure to deliver rewards. We do attempt to screen for fraudulent artist pages, but cannot guarantee the identity of artists or the validity of any claims they make. We appreciate your help reporting suspicious artist pages so we can improve Fanmob.

ARTIST TERMS

Artists launch a page that allows fans to support them. You appoint us as your agent to collect and process payments on your behalf, issue you tokens, and our fee is 5% of the crowdfunding campaign, and 500,000 tokens for our services. You are responsible for any taxes you owe based on the payments you receive. You must also follow our rules about content and rewards.

To become an artist, you may convert your regular account to an artist account or directly make an artist account, and launch or claim an existing artist page.

In connection with your token sales to fans, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you. As your agent, our receipt of funds from a fan on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any fan, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect fans, we may block fans payments if we believe them to be fraudulent.

Our fee to process transactions on your behalf is 5% of processed token purchases. Separate payment processing fees vary based on the token amount, but are typically under 5% of the total amount we process for you process across all artists.

We do not handle most tax payments. You are responsible for reporting any taxes.

We restrict some types of content and rewards. You cannot:

Create any content or rewards with real people engaging in sexual or violent acts.

Create any content or reward with nudity, or realistic depictions of sexual or violent acts, unless you flag the page as Adult Content and make the posts only viewable by artists.

Use raffles, or any prizes based on chance, as a reward.

Create content or rewards using others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.

Please also see our community guidelines for specific guidance in some of these areas.

If your potential artists are under the age of 18, please remind them that they need permission to buy tokens. Anyone under the age of 13 cannot have an account.

We are not party to the agreement between artists and fans.

TOKENS

Ownership of tokens carries no rights, express or implied, other than the right to use tokens as a means to enable usage of and interaction with Fanmob and artists, if successfully completed and deployed. In particular, you understand and accept that tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to Fanmob and/or the artists, other than rights relating to the provision and receipt of Services in Fanmob platform, subject to limitations and conditions in these Terms and applicable Fanmob Terms of Use. You understand and accept that the tokens are not intended to be a digital currency, security, commodity or any other kind of financial instrument.

Any use of tokens in connection with providing or receiving platform use in Fanmob will be governed additionally by other applicable terms and policies, which currently include our Terms of Use.

Cancellation; Refusal of Purchase Requests
Your purchase of tokens from us is final, and there are no refunds or. We reserve the right to refuse or cancel token purchase requests at any time in our sole discretion.

Non-Financial Nature of Tokens
Being a transfer mechanism to establish the level of participation by a user to enable us to develop the Fanmob platform and access a artist page, by its design any token purchased is NOT and shall in NO case be understood, deemed, interpreted or construed as:

any kind of currency or money, whether fiat or not;

equity interest, voting or nonvoting securities (or like) in, or claims against, Fanmob including its members, shareholders, consultants, directors or any other entity in any jurisdiction;

equity or debt investment of any kind in any venture;

any securities having intrinsic value or market price;

any form of financial derivatives;

any commercial paper or negotiable instrument;

any form of investment contract between the relevant holder and any other person;

any commodity or asset that any person is obliged to redeem or purchase; or

any note, bond, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person.

You have sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology and blockchain-based software systems to understand these Terms and to appreciate the risks and implications of purchasing the tokens;

You have obtained sufficient information about the tokens to make an informed decision to purchase the tokens;

You understand that the tokens confer only the right to use Fanmob and confer no other rights of any form with respect to Fanmob or its artists, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;

You are purchasing tokens to provide or receive Fanmob artist access and to support the development, testing, deployment and operation of the Network. You are not purchasing tokens for any other uses or purposes, including, but not limited to, any investment, speculative or other financial purposes;

Acknowledgement and Assumption of Risks
Certain Risk Factors Relating to Purchase, Sale and Use of Tokens

Important Note: As noted elsewhere in these Terms, tokens are not being structured or sold as securities or any other form of investment product. Accordingly, none of the information presented is intended to form the basis for any investment decision, and no specific recommendations are intended. Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this Terms of Use, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting from such information.

By purchasing, holding and using tokens, you expressly acknowledge and assume the following risks:

Risk of Losing Access to Tokens Due to Loss of Private Key(s)
A private key, or a combination of private keys, is necessary to control and dispose of tokens stored in your digital wallet. Accordingly, loss of requisite private key(s) associated with your digital wallet storing tokens will result in loss of such tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your tokens.

Risks Associated with the Ethereum Protocol
Because tokens are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on Fanmob or tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the tokens and Fanmob by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.

Risk of Mining Attacks
As with other decentralized cryptographic tokens based on the Ethereum protocol, the tokens are susceptible to attacks by miners in the course of validating token transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to Fanmob and the tokens, including, but not limited to, accurate execution and recording of transactions involving tokens.

Risk of Hacking and Security Weaknesses
Hackers or other malicious groups or organizations may attempt to interfere with Fanmob or the tokens in a variety of ways, including, but not limited to, treasury vulnerability, malware attacks, denial of service attacks, consensus-based attacks, man in the middle, Sybil attacks, smurfing and spoofing. Furthermore, there is a risk that a third party or a member of Fanmob team may intentionally or unintentionally introduce weaknesses into the core infrastructure of Fanmob, which could negatively affect Fanmob and the tokens.

Hackers or other groups or organizations may attempt to steal tokens. To account for this risk, Fanmob has and will continue to implement comprehensive security precautions to safeguard the proceeds obtained from the sale of tokens. Multi- factor security measures will be taken your tokens and proceeds including physical elements, algorithms, multisignature keys, anti-spear-phishing procedures, splitting of funds, hot/cold wallet partitioning and diversification. Moreover, regular security audits of hot and cold wallets will be conducted by internal and external teams. As acknowledged, there is always a risk that the Fanmob Team, or other third parties not directly affiliated with the Parties, may intentionally or unintentionally introduce weaknesses or bugs into the core infrastructural elements of the Fanmob Platform causing the system to lose tokens stored in one or more Purchaser accounts or other accounts or lose sums of other valued tokens issued on the Fanmob Platform. Fanmob has taken steps to build, maintain, and secure the infrastructure of the Fanmob Platform, and will continue to do so.

As acknowledged by both parties, advances in code cracking, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and the Fanmob Platform, which could result in the theft or loss of tokens. To the extent possible, tokens intend to update the protocol underlying the Fanmob Platform to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or the success of any future security updates. As with other cryptocurrencies, the blockchain used for the Fanmob Platform is susceptible to mining attacks, among others. Any successful attacks present a risk to the Ethereum Platform generally, and Fanmob specifically, effecting expected proper execution and sequencing of tokens transactions, and expected proper execution and sequencing of contract computations, as well as other potential losses identified here as risk factors, in addition to those unidentified or unexpected. The purchase of tokens carries with these significant risks. Prior to purchasing tokens, the fans should carefully consider the risks herein identified, and, to the extent necessary, consult experts of your choosing (cryptographic and cyber security specialists, lawyers, accountants, and/or other professionals) prior to determining whether to purchase tokens

Risks Associated with Markets for Tokens
The tokens are intended to be used solely within Fanmob, and Company will not support or otherwise facilitate any secondary trading or external valuation of tokens. This restricts the contemplated avenues for using tokens to the provision or receipt of Services, and could therefore create illiquidity risk with respect to the tokens you hold. Furthermore, to the extent that third parties do ascribe an external exchange value to tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.

Risk of Uninsured Losses
Unlike bank accounts or accounts at some other financial institutions, tokens are uninsured.

Risks Associated with Uncertain Regulations and Enforcement Actions
The regulatory status of the tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including Fanmob and the tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including Fanmob and the tokens. Regulatory actions could negatively impact Fanmob and the tokens in various ways, including, for purposes of illustration only, through a determination that tokens are a regulated financial instrument that require registration or licensing. Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

Risks Arising from Taxation
The tax characterization of tokens is uncertain. You must seek your own tax advice in connection with purchasing tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.

Risks Involving Cloud Storage
As Fanmob provides services to individual and institutional clients, including users and applications which involves data storage to some extent, Fanmob are susceptible to a number of risks related to the storage of data in the cloud. While Fanmob does not have access to the contents of the data stored through Fanmob, Fanmob may involve the storage of large amounts of sensitive and/or proprietary information, which may be compromised in the event of a cyber- attack or other malicious activity. Similarly, Fanmob may be interrupted and files may become temporarily unavailable in the event of such an attack or malicious activity. Because users can use a variety of hardware and software that may interface with Fanmob, there is the risk that Fanmob may become unavailable or interrupted based on a failure of interoperability or an inability to integrate these third-party systems and devices that Fanmob does not control with Fanmob’s Services. The risk that Fanmob may face increasing interruptions and Fanmob may face additional security vulnerabilities could adversely affect Fanmob and therefore the future utility of any tokens that you hold.

Unanticipated Risks
Cryptographic tokens are a new and untested technology. In addition to the risks included, there are other risks associated with your purchase, holding and use of tokens, including those that Fanmob cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed.

Fanmob’s Role
While Fanmob supports content creation, we do not legally endorse any content on our site. If content is reported we may remove it, but we do not take that action lightly.

We only provide a platform for artists and fans to interact. We do not screen or endorse any content on Fanmob. If you see content that violates these terms, then let us know and we may remove it.

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.

We are constantly testing out new features with the goal of making Fanmob better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Fanmob account or perform actions on your behalf. This permission is asked for when you connect your Fanmob account to these other websites or services. Information can include the existence of your account, pledge amounts and length of support. Actions can include creating, editing or deleting pledges and any other interaction with artists such as posting messages or liking posts.

Account Disabling
You can disable your account by request. We can disable it at our discretion.

You can permanently disable your account at any time by sending an email to legal@fanmob.io. You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

We can terminate or suspend your account at any time at our discretion.

These terms remain in effect after your account is disabled.

Your Content
You keep complete ownership of all content, but give us permission to use it on Fanmob. Make sure you have permission to use content that you post on Fanmob.

You keep full ownership of all content that you post on Fanmob, but to operate we need licenses from you.

By posting content to Fanmob you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Fanmob, promote Fanmob and promote your content on Fanmob. We are not trying to steal your content or use it in an exploitative way.

You may not post content that infringes on others' intellectual property or proprietary rights.

Artists may not use content posted by fans in any way not authorized by the fan.

Fanmob’s Content
You can use our content as part of Fanmob, but can’t use it for anything else without our permission.

Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Fanmob page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions.

Copyright Infringement
If someone on Fanmob is using your copyright without permission, then please send an email to legal@Fanmob.io. This is complicated, so make sure to read the long version before you send us an email.

If you believe that any content on Fanmob infringes your copyrights, please send a notice to: legal@Fanmob.io

This notice should include the following information:

The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.

A description of the copyrighted work that you claim has been infringed.

A description of the exact location on Fanmob of the content that you claim is infringing.

This description must allow us to find and identify the content.

Your name, address, telephone number and email address.

A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

If your content has been removed because of a DMCA notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored. Your counter-notice should include the following information:

Your electronic or physical signature.
A description of the content that was removed and the exact location of the content on Fanmob before it was removed.

Your name, address, telephone number and email address.

A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.

A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located, or if you are outside the U.S., the District of Texas, and that you will accept service of process from the party that originally sent us the DMCA notice.

In appropriate circumstances we may also terminate the accounts of repeat infringers.

For more information about DMCA notices please see our DMCA guide.

Indemnity
If we are sued because of you, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Fanmob. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer
We do our best to make sure Fanmob works as expected, but stuff happens.

Fanmob is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limit of Liability
If you lose money as a result of using Fanmob, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Fanmob. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Fanmob. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

Dispute Resolution
If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Fanmob, and it cannot be resolved after you talk with us, then it must be resolved by arbitration.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Governing Law
Any disputes with us must be resolved in Delaware under Delaware law.

Texas law, excluding its conflict of law provisions, governs these terms and all other Fanmob policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Delaware.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

If you have any questions, please email legal@fanmob.io.

© 2018 Fanmob Corporation.