Terms of Service

1. Acceptance of Terms

These FanDMs Website Terms of Use (these "Terms") govern your access to websites and related services operated by or on behalf of FanDMs LLC ("FanDMs" "we" or "us").

By accessing or using fandms.com and our various related websites and services (collectively, the "FanDMs Services"), you agree to be bound by these Terms and all of the terms incorporated herein by reference, including the Privacy Policy, the Community Guidelines, and the Creator Terms, as applicable.

You must be 18 years of age or older and reside in your jurisdiction of residence to use the FanDMs Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the FanDMs Services or any features provided therein.

By accessing or using the FanDMs Services, you represent and warrant that you have not been previously suspended or removed from the FanDMs Services or engaged in any activity that could result in suspension or removal from the FanDMs Services.

You should not construe FanDMs' publication of any content found on the FanDMs Services as an endorsement by FanDMs of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.

We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the FanDMs Services. You can determine when we last updated these Terms by referring to the "Last Updated" legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the FanDMs Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the FanDMs Services. We strongly recommend that you periodically visit this page to review these Terms.

2. User Registration; Creator Terms

In order to access and use certain areas or features of the FanDMs Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

To open a creator account, you must be invited to join the FanDMs Services as a creator. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the FanDMs Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the FanDMs Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the FanDMs Services.

If you are a creator and someone else assists you with the operation of your creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all User Content posted and all use of your account complies with these Terms.

By providing information and/or answering questions, you also consent to receive electronic communications from FanDMs (e.g., via email or by posting notices to the FanDMs Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Purchase, Earn and Use GEMs; Chargebacks

The FanDMs Services enables users to purchase, earn and utilize digital tokens referred to as "GEMs." GEMs are units of account maintained by the FanDMs Services in a closed-loop virtual environment and are not issued or backed by any government, financial institution, or third party.

Users may acquire GEMs by purchasing them through the FanDMs Services with US Dollars (or other approved fiat currency) using authorized payment methods.

GEM purchases are final and non-refundable, and GEMs have no monetary value, except where required by law. User's GEMs purchases will be processed via Stripe (or other approved payment process) and the processing fee charged by Stripe (currently approximately 2.9% + $0.30 per transaction) will be charged to the purchaser.

The applicable conversion rate of U.S. Dollars (or other approved fiat currency) into GEMs is determined solely by FanDMs and is displayed on the GEMs purchase page at the time of the purchase transaction (the "GEMs Conversion Ratio"). FanDMs reserves the right to modify the GEMs Conversion Ratio at any time, and any such modification shall apply prospectively to future purchases.

Users may expend GEMs solely within the FanDMs Services to enable certain creator interactions (including sending direct messages to creators or obtaining access to creator video or photo content). The number of GEMs required for any specific creator interaction will be determined by each creator in their sole discretion and will be clearly identified on the applicable creator page or transaction interface.

Creators earn GEMs when users spend GEMs to interact with them. GEMs earned by creators are units of account maintained by the FanDMs Services in a closed-loop virtual environment and are not issued or backed by any government, financial institution, or third party.

Subject to applicable verification, compliance, and payout procedures, GEMs may be converted by the creator into fiat currency through payment processors or other third-party partners designated by the FanDMs Services. The applicable conversion rate of GEMs into U.S. Dollars (or other approved fiat currency) is determined solely by FanDMs and is displayed on the GEMs conversion page at the time of the conversion transaction (the "GEM Payout Ratio"). FanDMs reserves the right to modify the GEM Payout Ratio at any time, and any such modification shall apply prospectively to future conversions. The applicable timing, method, and availability of such GEM conversions are subject to the FanDMs Service policies and the terms of any applicable payment processor or other designed third-party partner. FanDMs makes no representation or warranty regarding the timing or success of any GEM conversion transaction.

All GEMs acquired by users are held and administered by FanDMs in custodial digital ledgers maintained on its systems. Users acknowledge and agree that GEMs are not stored on any public blockchain and have no existence or functionality outside of the FanDMs Services. GEMs and GEMs are non-transferable, non-exchangeable, and may not be sold, traded, or redeemed for cash, digital assets, or any other value outside the FanDMs Services.

All users acknowledge and agree that GEMs are solely digital representations of value within the FanDMs Services and do not represent, and shall not be construed as, any form of: (a) currency, security, commodity, or other financial instrument; (b) ownership interest, right of redemption, or claim against FanDMs; or (c) property or asset capable of being owned, assigned, or transferred under law. FanDMs retains all rights, title, and interest in and to all GEMs and the underlying systems used to create, manage, and distribute them.

All users expressly acknowledge and agree that GEMs: (i) have no guaranteed or intrinsic monetary value; (ii) their availability and use are subject to change at any time; and (iii) FanDMs may suspend, revoke, or terminate access to token balances or related services in accordance with these Terms and applicable law.

In the event a user initiates a chargeback or payment dispute through a credit card issuer, payment processor, or financial institution with respect to a transaction involving the purchase of GEMs (a "Chargeback"), FanDMs reserves the right, in its sole discretion, to: (a) immediately suspend or deduct from the user's account any corresponding GEMs; (b) freeze or reverse any related GEMs or GEMs previously issued to a creator; and (c) temporarily withhold any pending creator payouts or fiat conversions related to such transaction.

FanDMs shall have full discretion to determine the appropriate resolution of any Chargeback or related dispute, including whether to reinstate, cancel, or permanently remove GEMs or GEMs associated with the transaction.

If a Chargeback is determined to be valid, FanDMs may cause the creator and/or its account to return or refund the equivalent value of GEMs or GEMs previously issued, and may offset or deduct such amounts from future creator earnings or withdrawals.

FanDMs' determination regarding any Chargeback or refund shall be final and binding, and FanDMs shall bear no liability to any user arising from any such determination, reversal, or adjustment. Users acknowledge and agree that initiating a Chargeback without a bona fide basis may result in account suspension or termination, and users agree to cooperate fully with FanDMs in connection with any Chargeback investigation or resolution.

4. Right to Access and Use the FanDMs Services and Content

Unless otherwise indicated in writing by us, the FanDMs Services and all content and other materials contained therein, including, without limitation, any FanDMs service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") are the property of FanDMs or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sub-licensable right to access, view and make personal, non-commercial use of the FanDMs Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the FanDMs Services or Content under these Terms, or any other rights thereto other than to use the FanDMs Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the FanDMs Services or Content, (b) distribute, publicly perform or publicly display the FanDMs Services or any Content, (c) modify or otherwise make any derivative uses of the FanDMs Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the FanDMs Services or Content, except as expressly permitted by us, (f) use the FanDMs Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the FanDMs Services or servers or networks used in connection with the FanDMs Services; or (h) use the FanDMs Services or Content other than for their intended purposes.

Any use of the FanDMs Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of FanDMs or any third party, whether by estoppel, implication or otherwise.

You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the FanDMs Services (or any features or parts thereof) at any time.

5. Trademarks

The FanDMs logo, and any other FanDMs product or service names, trademarks, logos, or other indicia that may appear on the FanDMs Services ("Marks") are the property of FanDMs or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the FanDMs Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of FanDMs or such third party that may own such Marks.

6. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the FanDMs Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://fandms.com/privacy-policy.

7. User Content; Community Guidelines

Our Community Guidelines describe what is expected of you when you use the FanDMs Services, whether you're a creator, a fan, or just exploring. For an explanation of our Community Guidelines, please visit our Community Guidelines located at http://fandms.com/community-guidelines.

You are solely responsible and liable for all data, information, and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the FanDMs Services. Your User Content that you Transmit in connection with the FanDMs Services is not confidential. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of User Content made public through the FanDMs Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the FanDMs Services.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the FanDMs Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the FanDMs Services at your sole cost and expense.

8. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the FanDMs Services or to our pages or feeds on third-party social media platforms (e.g., FanDMs' Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant FanDMs a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

However, FanDMs will only share personal information that you provide in accordance with our Privacy Policy.

You agree that FanDMs may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of FanDMs, its customers or the public.

9. Acceptable Use Restrictions

In accordance with these Terms, you shall not use the FanDMs Services for any of the following prohibited purposes including but not limited to:

• Using FanDMs Services in a manner that unnecessarily takes up capacity, weakens the FanDMs Service's performance or poses a security threat.
• Introducing or attempting to introduce, computer viruses, Trojan horses or other malicious code into the FanDMs Services.
• Sharing your password with another person to access the FanDMs Services.
• Using the FanDMs Services for any unlawful, harmful, fraudulent, deceptive, or misleading activity, including advertising or promoting illegal goods or services, or for any activity that violates applicable export controls, sanctions, or data protection laws.
• Using the FanDMs Services in any manner that infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any person or entity. This includes uploading or sharing content that you do not have the right to use.
• Using the FanDMs Services in a manner that harasses or violates the rights of others or by sending or receiving profane images or images depicting nudity of yourself or others.
• Using the FanDMs Services as a way to attempt to violate, or assist others in violating the security of the FanDMs Services, including by accessing or using accounts or data without authorization; probing, scanning, or testing the vulnerability of any system or network; breaching authentication or security measures; or interfering with or disrupting any user, host, or network.
• Using the FanDMs Services in a manner that would circumvent, disable, or otherwise interfere with features that enforce limitations or access controls, including rate limits, content filters, or copyright protection mechanisms, or use the Site in a manner intended to evade usage limits or fees.
• Using the FanDMs Services in a way to collect, harvest, mine, scrape, or index the FanDMs Services or its users' data, including through automated means, without our prior written permission, nor may you use the FanDMs Services to collect or process sensitive personal data without appropriate legal basis and safeguards.
• Using the FanDMs Services in any capacity if you are under the age of eighteen (18) years of age.

Violation of these Terms may result in content removal, account suspension, access restrictions, termination, legal action, and/or reporting to authorities. We are not liable for any losses resulting from actions taken in good faith to enforce these Terms.

10. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about FanDMs, or the FanDMs Services (collectively, "Feedback"). Feedback shall become the sole property of FanDMs. FanDMs shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Third-Party Sites

We have not reviewed all of the websites linked to the FanDMs Services and are not responsible for the content of any third-party pages, any other websites linked to the FanDMs Services, or any products or services offered by third parties. Nothing in the FanDMs Services, including, without limitation, any links to other websites, should be construed as an endorsement by FanDMs of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. FanDMs reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by FanDMs. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

12. Indemnification

You shall indemnify, hold harmless, and, at FanDMs' option, defend FanDMs and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by FanDMs resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the FanDMs Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the FanDMs Services or any of its features. You further agree that FanDMs shall have control of the defense or settlement of any third-party claims unless FanDMs exercises its option to require you to defend FanDMs. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FanDMs.

13. General Disclaimers

THE FANDMS SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FANDMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE FANDMS SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE FANDMS SERVICES. FANDMS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY REVENUE WILL BE EARNED OR OTHER RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

FANDMS DOES NOT REPRESENT OR WARRANT THAT THE FANDMS SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE FANDMS SERVICES OR THE SERVERS THAT MAKE THE FANDMS SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. FANDMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE FANDMS SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE FANDMS SERVICES IS AT YOUR SOLE RISK. FANDMS DOES NOT WARRANT THAT YOUR USE OF THE FANDMS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

FANDMS SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE FANDMS SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE FANDMS SERVICES.

14. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FANDMS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE FANDMS SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FANDMS, OR FROM EVENTS BEYOND FANDMS' REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FANDMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FANDMS ARISING OUT OF OR IN ANY WAY RELATED TO THE FANDMS SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FANDMS' SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

15. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FANDMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND FANDMS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE FANDMS SERVICES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, FANDMS', OR EITHER PARTY'S LICENSORS' INTELLECTUAL PROPERTY RIGHTS, SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and FanDMs agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. FanDMs further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FanDMs are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the FanDMs Services. Further, unless both you and FanDMs agree otherwise, the arbitrator may not join or consolidate more than one person's claims with your claims and may not 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. The arbitrator may award declaratory or 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 have the right to opt out of this arbitration provision by sending written notice of your decision to opt out by supuport@fandms.com within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration provision. If you opt out, all other terms of this Agreement will continue to apply, and disputes will be resolved in accordance with the Governing Law and Jurisdiction provision below.

16. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND FANDMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the FanDMs Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

18. Children

The FanDMs Services are not intended for use by children under the age of eighteen (18) years old as specified in our Privacy Policy. Do not submit information about or on behalf of children.

19. Governing Law and Jurisdiction

FanDMs operates the FanDMs Services from California U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of California, U.S.A, including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Los Angeles, California, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non convenient with respect to such courts.

20. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to FanDMs by creating a support ticket in your account settings. Any notices to you may be made via either e-mail or postal mail to the address in FanDMs' records or via posting on the FanDMs Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

21. Modification of Terms

FanDMs reserves the right, in its sole and absolute discretion, to modify, amend, or supplement these Terms, at any time and for any reason.

FanDMs will provide users with written notice of any material modification at least thirty (30) days prior to the effective date of such modification. Notice may be provided by email, in-platform notification, dashboard posting, or any other reasonable method of communication selected by FanDMs. The effective date of any modification shall be stated in the notice. Continued access to or use of the FanDMs Services by users after the expiration of the thirty (30)-day notice period shall constitute the user's full and binding acceptance of the modified terms, without the need for further affirmative action or execution. If a user does not agree to the modified terms, user's sole remedy is to discontinue use of the FanDMs Services and close their account prior to the effective date of the modification. All modifications shall automatically become part of and be incorporated into these Terms as of their stated effective date. The most current version of the Terms shall supersede all prior versions and govern all subsequent interactions, transactions, and obligations between the Creator and FanDMs.

22. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

23. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the FanDMs Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the FanDMs Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

FanDMs' copyright agent for notice of claims of copyright infringement can be reached at DMCA.com.

For more information on the procedure, please consult our Digital Millennium Copyright Act Policy that can be found here.

24. Privacy

Your use of the FanDMs Services are also subject to our Privacy Policy, which describes how we collect, use, share, and safeguard information. Please review the Privacy Policy to understand our data practices.

25. Miscellaneous

The FanDMs Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and FanDMs relating to your access to and use of the FanDMs Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of FanDMs. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and FanDMs' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.