Terms Of Use

Terms of Service

Last Update: December 28, 2023

www.fanshour.com and all affiliated websites and mobile versions (“Fans Hour”), a social media website and application service that allows creators to upload photos and videos to their profile and set prices for access to that content (“Creator(s)”) and that allows fans to pay to access that content (“Fan(s)”). The term “You” or “User” refers to all users, whether Creators or Fans.

Please read the Terms of Service (“Terms”), a legal contract that governs your use of Fans Hour, including any content, functionality, and services offered on or through Fans Hour. Pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using Fans Hour, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use Fans Hour.

Changes to Terms: We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use Fans Hour after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing Fans Hour.

1.General Provisions:

No Minors: Fans Hour contains adult-oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access Fans Hour.
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections are commercially available that may help limit access to material harmful to minors.
No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors (CSAM). The Company only allows visual media of consenting adults for consenting adults on Fans Hour.
No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited.
User Content: Users retain ownership of the media uploaded on Fans Hour (“User Content”). The Company does not own User Content, and interactions on Fans Hour are solely between Users.
Rights Reserved by the Company: The Company reserves the right to modify, suspend, or terminate Fans Hour, restrict access, verify information, and take various actions to enforce compliance with these Terms.
License to Access and Use Fans Hour: Subject to the terms, conditions, limitations, and restrictions in these Terms, the Company grants a conditional, revocable, non-transferable, non-exclusive, and limited license to use Fans Hour for lawful and personal use.

2. Accounts

a. Fans: To sign up and create an account on Fans Hour as a Fan, you need to provide a valid email address, a unique username, and a password. Alternatively, you can authenticate using a valid social media account. If you wish to purchase content on Fans Hour, you'll be required to add a valid payment method. It's important to note that Fans Hour does not store any payment information for security reasons.

b. Creators: For Creators, the registration process involves completing the Creator registration form and obtaining approval from the Company at its sole discretion. If you plan to sell content on Fans Hour, you must also link a verified bank account (checking or savings) or another approved payment method. Additionally, Creators, especially those residing in the United States of America, may be requested to submit additional legal information, such as a W-9. Earnings will be transferred to the designated payment method through one of our payout processors or via direct bank wire. Fans Hour does not retain any bank account information except for Creators opting for direct bank wire payments, which are securely stored by our third-party payout processors.

c. Biometric Information: By registering as a Creator, you acknowledge and agree that we, or our contractors, are authorized to collect, store, and maintain certain biometric information, including but not limited to a retina or iris scan, fingerprint, voiceprint, or a scan of your hand or face geometry. This information may be collected from any content or verification documents you provide to us.

d. User Certifications: Upon registering on Fans Hour, you declare and warrant that:

All account registration details, profile information, and content provided are accurate, complete, and truthful.
You are fully responsible for any activities that occur on your account and will log out at the end of each session.
Caution will be exercised when accessing your account from public or shared computers to prevent unauthorized access.
Your login details will be kept confidential and secure. Any suspected unauthorized use or security breaches should be immediately reported to support@fanshour.com.
Your previous Fans Hour account was not suspended or terminated for violating these Terms.
No unauthorized third-party payment processors will be used for subscriptions or any other service via Fans Hour.
Registration on Fans Hour is for personal use only, and you will not sell, rent, or transfer your account to any third party.
If Fans Hour is used on behalf of a business or entity, you warrant authorization to grant all licenses stipulated in these Terms and bind the business or entity to these Terms.

e. Your Content: Fans Hour may allow you to submit materials for publication. By doing so, you represent and warrant that you own, possess a valid license, or otherwise control all rights in your User Content. While retaining ownership, you grant Fans Hour a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business. This includes the business of our successors, operating Fans Hour, and fulfilling the intent of these Terms. Your consent is given to be depicted in any User Content posted on Fans Hour, and you allow the Company to publicly distribute this content. Additionally, you grant Users a worldwide, nonexclusive, royalty-free license to access and use your content with the facilitation of Fans Hour, subject to any limitations related to purchases or subscriptions.

f. Co-Authored Content: Creators may share content depicting third parties (“Co-Authored Content”), provided:

Each depicted Creator is appropriately tagged, and documentation confirming age, identity, and consent is provided to Fans Hour.
Government-issued identification confirming each depicted Creator's age is obtained and maintained.
Written documentation confirming each Creator's consent to being depicted and having the content publicly distributed on Fans Hour is acquired and maintained.
Documentation of consent is promptly provided upon Fans Hour's request.
No attempt is made to access information or login credentials of another User.
Creators are primarily responsible for their accounts, and login credentials are safeguarded. Fans Hour is not responsible for misuse if credentials are shared with third parties, and Fans Hour is released from liability arising from such third-party access.
Fans Hour may refrain from publicly distributing Co-Authored Content until all depicted Creators or third parties confirm their identity and consent to distribution.
Creators are solely responsible for segregating, dividing, and distributing revenue generated from Co-Authored Content. Any revenue-sharing arrangements are governed by independent, private agreements between Creators and other third parties. Fans Hour is not responsible for enforcing such agreements, and Creators release Fans Hour from any claims arising from Co-Authored Content.

g. Deactivation: Should you wish to deactivate your Fans Hour account, you can select this option in your account settings.

3. Purchases and Payments

a. Purchasing Subscriptions: Fans with a valid payment method added to their account can subscribe to a Creator’s content by clicking the “Subscribe” button on the Creator’s profile. By purchasing a subscription, you authorize the Company to automatically charge the payment method on file on the first day of each billing period until you cancel your subscription.

b. Wallets: Fans may prepay funds stored in their wallet for subscriptions, pay-per-view content, tips, and other purchases. Attempting to split the cost between the wallet and traditional payment methods is not allowed. If a purchase exceeds the wallet balance, the full amount may be charged to the listed payment card. Wallet funds are typically non-refundable, but refund requests related to wallet funds are subject to the Company’s discretion.

c. Trials: Creators may offer trials to Fans not subscribed to their content. If you purchase a trial, you receive discounted access for the trial period. After the trial, you will be charged the full subscription price unless canceled before the trial period ends.

d. Cancelling Subscriptions: Fans can cancel subscriptions at any time by turning off the “Auto-Renew” indicator under the relevant Creator profile. Upon cancellation, no refund is provided, and access continues until the end of the billing period.

e. Blocking Users: Fans can block other users, but immediate loss of access occurs. No refund or credit is provided for remaining days in the subscription period.

f. Subscriptions Cancelled by the Company: If a payment method becomes invalid, access to paid services may be revoked until the method is updated. Failure to update may result in subscription cancellation.

g. A la Carte Purchases and Tips: Fans with a valid payment method can purchase content a la carte or tip a Creator. Authorization is given for automatic charges to the payment method on file.

h. Payment Processing: Various third-party payment processors and gateways are utilized. Users are responsible for abiding by additional terms imposed by these processors. The Company disclaims liability for violations of such terms.

i. Refunds: While purchases and fees are typically final, the Company reserves the right to address refund requests at its discretion.

j. Virtual Currency: Users may make purchases or receive payments using virtual currencies such as Bitcoin. Acceptance is at the Company’s discretion, and refunds, if allowed, are also at the Company’s discretion. Risks associated with virtual currency value fluctuations are disclaimed.

k. Taxes Related to Purchases: If taxes are applicable, they will be charged at the time of purchase. Users are responsible for reporting and paying relevant taxes, including duties, customs fees, value-added tax, or other applicable taxes.

l. Taxes for Australian Sales: A Goods and Services Tax (“GST”) applies to sales made to Australian consumers. Fans Hour is responsible for collecting, reporting, and remitting the GST associated with such sales.

m. Billing Errors: Billing errors must be reported in writing within thirty (30) days of receiving the billing statement. Failure to do so within the stipulated period waives the right to dispute charges. Disputes must be submitted by email to support@fanshour.com.

n. Chargebacks: If a purchase results in a chargeback, the Company may immediately suspend or terminate the account.

o. Selling Content: Creators earn 80% of revenue generated on subscriptions, sales, or tips. A valid payout method must be added before payments are issued. Deductions may occur for chargebacks or violations of these Terms.

p. Referral Program: The Company may provide a unique referral URL for earning income from new Creators. Referral payments follow the terms published on Fans Hour. The use of advertising services to impersonate the Company for referrals is prohibited.

4. Acceptable Use

a. Prohibited Uses: You agree to use Fans Hour only for purposes expressly permitted by these Terms and not for any other purposes without prior written consent. Prohibited uses include but are not limited to:

Violating applicable laws, regulations, or treaties.
Downloading content without a displayed "download" button.
Using ad-blocking software.
Failing to comply with court orders or mandates.
Accessing Fans Hour as a registered sex offender.
Posting harmful, inaccurate, threatening, or objectionable content.
Engaging in hate speech.
Posting content involving minors, violence, illegal drugs, or illegal activities.
Selling or purchasing used articles of clothing.
Posting content depicting persons under eighteen (18) years old without documentation.
Posting content with the intent to extort money.
Engaging in regulated gaming or sales promotion tactics.
Posting employment ads violating anti-discrimination laws.
Posting, sharing, or collecting personal information without consent.
Impersonating individuals or entities.
Sending unsolicited sexual content.
Using emojis, GIFs, or media to communicate prohibited activities.
Engaging in antisocial, disruptive, or destructive behavior.
Engaging in platform manipulation using bots or fraudulent means.
Circumventing security features or attempting unauthorized access.
Reverse engineering Fans Hour or attempting to discover its source code.
Using automated processes to violate robot exclusion headers or scrape Fans Hour.
Modifying, adapting, translating, or creating derivative works.
Commercially exploiting or making Fans Hour available to third parties.
Taking actions imposing an unreasonable load on technology infrastructure.

b. Violations of Prohibited Uses: Engaging in prohibited uses may result in immediate suspension or termination of your account. The Company may forfeit payment and refund revenue to affected Users. Legal remedies, including civil, criminal, or injunctive relief, may be pursued for unauthorized use.

c. Additional Prohibited Uses for Creators: Creators must act in the best interests of the Company. Additional prohibited uses for Creators include:

Deceiving users about the nature of paid content.
Attempting to defraud the Company or Users.
Attempting to pass off recorded content as a live stream.
Failing to honor lawful representations made to Fans.
Recording or broadcasting explicit content from public places.
Releasing personal information without consent.
Soliciting or accepting payments for in-person engagements for sexual activity.
Harassing, disparaging, defaming, or interfering with the Company or users.

d. Reporting Violative Content and Activities: Users must report violations to support@fanshour.com, providing details for investigation. Creators must report violative content and suspicious activities.

e. Law Enforcement: Full cooperation with law enforcement requests to disclose the identity or location of any User in breach of these Terms will be provided. Users agree to reimburse the Company for expenses, costs, or legal fees incurred due to law enforcement requests.

5. Third Party Websites

a. Twitter: Users can link their Twitter accounts to post auto-tweets on this platform. It is imperative that users utilizing this feature fully comply with and adhere to Twitter's terms of service, available at https://twitter.com/tos.

b. Links to Our Platform: You may share links to our homepage on third-party social media accounts, ensuring such links are fair, legal, and do not harm our reputation or exploit it. However, you must not establish a link in a way that suggests any association, approval, or endorsement on our part.

c. Links to Third-Party Websites: Our platform may include links to third-party websites, resources, advertisements, and sponsored links for your convenience. We have no control over the content of these third-party sites and accept no responsibility for any loss or damage arising from their use. Accessing these third-party websites is at your own risk, and you are subject to the terms and conditions of those websites.

6. Intellectual Property Rights

Copyrights: Other than User Content, Fanshour and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Fanshour, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.

Other than User Content, no right, title, or interest in or to Fanshour or any content on Fanshour is transferred to you, and all rights not expressly granted are reserved by us. Any use of Fanshour not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Fanshour in breach of the Terms, your right to use or access Fanshour will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made.

To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action, including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.

Trademarks: The Fanshour name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Fanshour are the trademarks of their respective owners.

7. Disclaimer of Warranties

By using Fanshour, you acknowledge and agree as follows:

Fanshour and all of the Company’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Fanshour and all of the Company’s services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.

We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Fanshour, or the results of your use of Fanshour. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Fanshour, or by anyone who may be informed of any of its contents.

Your use of Fanshour and the Company’s services and features will be solely and entirely at your own risk. We do not warrant or guarantee that Fanshour and/or all of the Company’s services and features will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Fanshour or any services or items obtained from the Company. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

8. Limitation of Liabilities

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to and use of Fanshour.
User Content or any conduct by Users that violates these Terms.
Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
Interruption or cessation of transmission to or from Fanshour.
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through Fanshour by any person or that might infect your computer or affect your access to or use of Fanshour or your hardware or software.
Incompatibility between Fanshour and your other services, hardware, or software.
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with Fanshour.
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through Fanshour.

9. Releases

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.

10. Exclusion of Damages

Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access Fans Hour or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access Fans Hour or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

If you are dissatisfied with Fans Hour or have any other complaint, your exclusive remedy is to stop using Fans Hour or file a complaint according to the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred dollars ($100) or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails in its essential purpose.

11. Complaints

Fanshour is committed to promptly resolving, in good faith, all complaints and appeals.

All media can be reported by any user directly on the site. You may also send an email to support@fanshour.com containing your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), and any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Fanshour.)

We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user.

Appeals from abuse takedowns can be sent to compliance@fanshour.com with a written description of the basis for the appeal. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.

We reserve the right to take advanced actions against those users that (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. These advanced actions may include but are not limited to deleting the offending user’s account and permanently banning the user from using Fanshour in the future.

Copyright infringement disputes are addressed by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counternotifications are governed by the Digital Millennium Copyright Act and our DMCA Policy.

12. Scope of Disclaimers, Exclusions, and Limitations

The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. Fanshour does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

13. Indemnification

Indemnification Provision: You will pay Fanshour, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties that is caused by any of the following: your access to Fanshour; your conduct on Fanshour, including any content you submit to Fanshour; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.

Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.

14. Disputes

Governing Law: The laws of the state of Florida—without giving effect to any conflicts of law principles—govern all matters arising out of your use of Fanshour or relating in any way to these Terms. The predominant purpose of these Terms is providing services and licensing access to intellectual property and is not a “sale of goods.” These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to Fanshour or these Terms will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Orange County, Florida. Each party hereby submits to the personal jurisdiction of the Florida courts located in Orange County, Florida to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum. For purposes of this section, Fanshour will be deemed solely based in the state of Florida and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.

Dispute Resolution: Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these Terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to Fanshour or these Terms.

Litigation Election: Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.

Mediation: If the parties cannot settle a dispute arising out of or relating to Fanshour or these Terms through negotiation after thirty (30) days, either party may, by notice to the other party, demand that the dispute be mediated by a certified mediator in the state of Florida. If the parties cannot agree upon a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as otherwise provided in these Terms. Mediation will take place in Orange County, Florida, or in such other location as the parties mutually agree. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.

Arbitration: If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to Fanshour or these Terms by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. Unless the parties agree otherwise, the arbitration will take place in Orange County, Florida. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.

Right to Injunctive Relief: Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to Fanshour.

Recovery of Expenses: In any proceedings between the parties arising out of these Terms or relating to the subject matter of these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. “Prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the prevailing party in those proceedings.

Jury Trial Waiver: Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to Fanshour or these Terms. Either party may enforce this waiver up to and including the first day of trial.

Class Action Waiver: All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

Limitation on Time to Bring Claims: A party will not file a claim arising out of or relating to Fanshour or these Terms more than one year after the cause of action arose. Any claim brought after one year is barred.

15. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and the Company about your access to Fanshour. It supersedes all earlier or contemporaneous agreements between you and the Company about access to Fanshour. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on Fanshour will govern the items to which they pertain.

Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.

No Waivers: The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

Severability: The parties intend as follows:

that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, these Terms will be held unenforceable;
that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and
that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Notice to the Company: You may send notice to the Company by email at support@fanshour.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on Fanshour. Please check Fanshour for the most current information for sending notice to the Company.

Notice to You: You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you, (2) a notification on your account, or (3) by posting the notice on a place on Fanshour chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

Force Majeure: The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, epidemics, pandemics, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; and hacking, spam, or any failure of a computer, server, network, or software.

No Third-Party Beneficiaries: These Terms do not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.

Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on Fanshour and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.

Electronic Communications Not Private: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use Fanshour to send or receive messages you only intend the sender and named recipients to read.

Electronic Signatures: Any affirmation, assent, or agreement you send through Fanshour will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

California Consumer Rights Information: If you are a California resident, you may contact by email at support@fanshour.com to resolve any disputes or to receive further information about Fans Hour. Users who want to gain access to the password-restricted area of Fans Hour must register. The Company does not charge consumers for registering, but the Company does charge for purchasing content or subscriptions.

English Language: The Company drafted these Terms in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to Fans Hour to support@fanshour.com