theFANBANK Creator Terms of Use

1. Agreement to These Terms

These Creator Terms of Use ("Terms") are a binding agreement between you ("Creator", "you" or "your") and Marmont Encore Limited, trading as theFANBANK ("theFANBANK", "we", "us" or "our").

By creating or using a Creator account on theFANBANK, you agree to these Terms, together with any other policies or rules that apply to theFANBANK, including our Acceptable Use Policy, Community Guidelines, Complaints Policy, Appeals Policy and Privacy Policy.

You should read these Terms carefully before becoming a Creator.

We may update these Terms from time to time, including where necessary to reflect changes in law, regulation, payment processing requirements, platform functionality or platform risks. Where appropriate, we will notify you of material changes. If you do not agree to updated Terms, you may close your Creator account.

2. Who We Are

theFANBANK is operated by Marmont Encore Limited, a company registered in England and Wales.

You can contact us at:

Email: support@thefanbank.com

Postal address:
17 Dewley Court
Westway Industrial Park
Newcastle Upon Tyne
United Kingdom
NE19 9AW

3. Your Relationship With theFANBANK

theFANBANK is an online platform that allows independent Creators to monetise their own content and interactions with their audience.

theFANBANK does not create or own Creator content and does not employ Creators.

You operate independently of theFANBANK. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, fiduciary or other similar relationship between you and theFANBANK.

You do not have authority to represent or bind theFANBANK.

You are responsible for your own business and activities as a Creator.

theFANBANK does not provide accounting, tax, legal or business advice and accepts no responsibility for your business affairs, tax affairs or compliance with any tax or business requirements applicable to you.

4. Creator Account Requirements

To create a Creator account, you must:

• be at least 18 years old;

• provide accurate and complete registration information;

• complete any identity verification process required by theFANBANK or our payment providers;

• provide valid payment or banking information required to receive Creator Earnings;

• provide any other information or documentation reasonably required to operate your account or comply with applicable laws, regulations or payment-provider requirements; and

• comply with these Terms and all other applicable theFANBANK policies.

You must keep your account information accurate and up to date.

You must not allow another person to use your Creator account or payment information unless expressly permitted by theFANBANK.

We may request additional information or documentation from you at any time where reasonably required for account verification, payment processing, fraud prevention, legal compliance or other legitimate platform purposes.

5. Your Responsibilities as a Creator

You are solely responsible for:

• the content you upload or publish;

• the accuracy of descriptions, representations and information you provide about your content;

• fulfilling Creator interactions or services that you offer through theFANBANK;

• ensuring that your content and activities comply with applicable laws;

• obtaining all permissions, licences and consents necessary for your content;

• complying with your own tax and VAT obligations;

• maintaining appropriate records relating to your content and Creator activities; and

• complying with these Terms and all other theFANBANK policies.

You must not use theFANBANK for any unlawful purpose.

6. Creator Content

"Content" means any photos, videos, text, audio, livestreams, messages or other material uploaded, published or otherwise provided by you through theFANBANK.

You remain responsible for all Content that you upload.

You confirm that:

• you own your Content or have obtained all rights and permissions necessary to use and distribute it;

• your Content does not infringe the intellectual property, privacy, publicity or other rights of any third party;

• your Content complies with these Terms and applicable law;

• any descriptions or representations you make about your Content are accurate; and

• you have obtained all required consents from any person appearing in your Content.

You must not upload Content that you do not have the legal right to distribute or make available through theFANBANK.

7. Content Moderation

theFANBANK does not create, endorse or guarantee Creator Content.

We may review Content uploaded to the platform and may use automated systems, including AI and machine-learning technology, together with human moderation.

theFANBANK operates a multi-stage moderation process that may include automated checks, human review and reports from users.

We reserve the right to remove, restrict or disable access to Content that we believe breaches these Terms, our policies or applicable law.

We may also take action where we believe Content presents a risk to theFANBANK, our users, our payment providers or the wider community.

We may be required to remove illegal Content when we become aware of it.

8. Creator Interactions

Creators may use theFANBANK's available monetisation features to offer paid content, subscriptions, messages, tips, custom requests or other Creator interactions.

You are responsible for setting the price of your Creator interactions.

You are responsible for providing the Content or interaction promised when a Creator interaction has been confirmed.

If you fail to provide the Content or interaction that a customer can reasonably expect to receive, theFANBANK may take action under these Terms, including withholding or adjusting the related Creator Earnings.

9. FanBucks and Creator Earnings

theFANBANK operates FanBucks as its platform currency.

Creators accrue FanBucks through eligible sales and chargeable Creator interactions.

Creators determine the FanBucks price of their available monetisation options.

Creator Earnings are calculated according to the applicable FanBucks redemption rate.

The current Creator redemption rate is:

$0.850 per FanBuck.

theFANBANK does not currently take a commission from Creator Earnings. theFANBANK generates revenue through the sale of FanBucks.

All Fan Payments and Creator Earnings are processed in USD.

Creators may incur currency conversion fees or banking fees imposed by their bank, payment provider or e-wallet provider. theFANBANK does not control these charges and is not responsible for them.

10. Creator Payouts

Creator Earnings are paid automatically on a bi-weekly basis, subject to these Terms and any applicable payment-processing requirements.

Payments from sales and transactions will remain with theFANBANK for one full month before being added to the Creator's next payout.

Automatic payouts will be made once the balance owed to the Creator exceeds $50 USD.

The payment provider used for Creator payouts may process or store information necessary to complete the payout. The payment provider does not store Creator payout data except where required for direct bank transfers.

We may delay, suspend or withhold payouts where permitted under these Terms, including where there is a dispute, chargeback, suspected fraud, suspected unlawful activity, account investigation, failure to provide required verification information or other circumstances permitted by these Terms.

11. Refunds, Chargebacks and Disputes

A dispute may arise where a Creator fails to provide the Content or interaction that a customer can reasonably expect to receive in exchange for FanBucks.

theFANBANK may investigate disputes concerning Creator interactions.

If, following an investigation, we determine that a Creator has received FanBucks but has not provided the Content or interaction reasonably expected in exchange, we may:

• withhold the disputed Creator Earnings;

• deduct the relevant amount from current or future Creator Earnings;

• reverse or cancel the relevant transaction where possible;

• credit the corresponding FanBucks back to the customer;

• suspend or restrict the Creator account; or

• terminate the Creator account.

If a Fan requests a refund or initiates a chargeback relating to a transaction connected with your Creator account, theFANBANK may deduct the corresponding Creator Earnings from your account.

We may also withhold Creator Earnings while a chargeback, payment dispute, fraud investigation or other payment-related investigation is ongoing.

You acknowledge that payment reversals may occur after you have received or accrued Creator Earnings.

12. Creator Tax and VAT Responsibilities

You are solely responsible for determining and complying with all tax obligations arising from your use of theFANBANK.

This may include income tax, corporation tax, VAT, sales tax or any other tax applicable to you or your Creator activities.

You are responsible for registering for tax or VAT where required by law and for filing all required returns and paying any amounts due.

You must report Creator Earnings to the relevant tax authorities where required.

theFANBANK does not provide tax, accounting or legal advice and does not determine your tax obligations for you.

You should obtain independent professional advice if you are unsure about your tax or VAT obligations.

If we reasonably believe that you are not complying with applicable tax or payment requirements, we may restrict or suspend payouts, request additional information or documentation, or suspend or terminate your account.

13. Intellectual Property

You retain ownership of Content that you own or have validly licensed.

You grant theFANBANK a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to use your Content to the extent reasonably necessary to operate, provide, promote, improve and develop theFANBANK and its related products and services.

This licence may include reproducing, displaying, distributing, making available and creating technical or platform-related adaptations of your Content.

The licence continues for as long as reasonably necessary for these purposes and may continue where necessary following account closure in relation to Content that has already been incorporated into platform operations, subject to applicable law and our Privacy Policy.

theFANBANK does not acquire ownership of your Content.

We will not sell your Content to another platform as a standalone product.

If theFANBANK or its assets are sold, transferred or reorganised, rights granted under these Terms may be transferred as part of that transaction.

You also authorise theFANBANK, where appropriate, to submit infringement notifications concerning your Content to third parties on your behalf. We are not required to monitor or enforce your intellectual property rights.

14. Co-Authored Content

You remain legally responsible for Content you upload that features another person.

Any person appearing in your Content must:

• be a Creator you have appropriately identified using theFANBANK's available tools; or

• be at least 18 years old and have provided informed written consent for the Content to be shared on theFANBANK.

You must obtain and retain appropriate evidence of identity and consent where required.

We may request documentation confirming that these requirements have been satisfied.

If you or another person appearing in Co-Authored Content fails to provide information reasonably requested by theFANBANK, we may restrict or remove the Content, restrict or suspend your account, and/or withhold Creator Earnings.

theFANBANK is not a party to agreements between Creators or other individuals concerning Co-Authored Content and is not responsible for disputes between those individuals.

A person appearing in Co-Authored Content may withdraw their consent where permitted by law. Where appropriate, the Content may then be removed or restricted.

15. Promoting Your Creator Account

You may promote your Creator account on other platforms provided that your promotional activity complies with these Terms and the rules of the platform where the promotion takes place.

You must not promote your theFANBANK account in a deceptive manner or suggest that theFANBANK endorses, sponsors or is associated with you unless we have expressly agreed to this.

You must not use Google Ads or similar search-engine advertising services to promote your theFANBANK account.

You must comply with any applicable advertising, consumer-protection and disclosure requirements when promoting your Creator account.

16. Advertising and Sponsored Content

If you upload Content intended to promote third-party goods or services in return for payment or other valuable consideration, you must ensure that the Content complies with applicable law and our policies.

Advertising Content must not be illegal, fraudulent, harmful, hateful, threatening or otherwise prohibited by our Acceptable Use Policy or Community Guidelines.

Advertising Content must be clearly identified as advertising where required.

Where applicable, you should use an appropriate disclosure such as #ad, #paidpromotion or #sponsored and identify the brand or party responsible for the promotion.

AI-generated Content must comply with our Terms and policies and must be clearly identified as AI-generated where required.

17. Account Closure

You may request deletion of your Creator account through the account settings or by contacting us.

If you request account deletion, your account may remain open until active Creator interactions or subscriptions have expired and outstanding Creator Earnings have been processed.

Once applicable obligations have been completed, we will process the closure of your account.

After your account is deleted, you will no longer have access to your former account or Content through theFANBANK.

Deleting your account will not necessarily delete Co-Authored Content uploaded by another Creator.

We may retain or process certain information following account closure where required or permitted by law, or in accordance with our Privacy Policy.

18. Suspension, Termination and Withholding of Creator Earnings

We may suspend or terminate your Creator account where permitted by these Terms.

We may suspend or terminate your account and/or Content without prior notice where:

• we believe you have seriously or repeatedly breached these Terms or another theFANBANK policy;

• we believe you have attempted or threatened to breach these Terms in a way that could have serious consequences;

• we suspect that Creator Earnings result from unlawful, fraudulent or otherwise prohibited activity;

• you fail to provide information or documentation reasonably requested by us;

• payment-related risks or chargebacks require us to take action;

• we are required to do so by law or by a payment provider; or

• we reasonably believe that continued access to the account presents a significant risk to theFANBANK, our users, our payment providers or the wider community.

While an investigation is ongoing, we may suspend your account, restrict Content, pause payments and/or withhold some or all Creator Earnings.

If we determine that a breach or other prohibited activity has occurred, we may terminate your account, remove Content, forfeit Creator Earnings where legally permitted, and/or refund or reverse relevant transactions.

Where appropriate, we will notify you of action taken against your account and provide reasons, subject to legal, security, fraud-prevention or other legitimate restrictions.

You may challenge relevant decisions by following our Complaints Policy or Appeals Policy.

If a lien, levy or other legal encumbrance is placed on your Creator Earnings, we may withhold the affected amount until the matter is resolved.

We may also set off amounts owed by you against Creator Earnings where legally permitted.

19. Platform Availability

We do not guarantee that theFANBANK will always be available or uninterrupted.

We may modify, suspend or discontinue any part of the platform, feature or service.

We may also carry out maintenance, updates or security measures that temporarily affect access.

20. Our Responsibility to You

We will use reasonable care and skill in providing theFANBANK.

However, we do not control or guarantee the Content uploaded by Creators.

We do not guarantee:

• that your Content will be viewed by any particular number of people;

• that your Content will generate any particular amount of earnings;

• that your Creator account will generate any income;

• that your Content will not be copied, recorded, redistributed or otherwise used by other people;

• that your identity will never be disclosed by another user or third party;

• that the platform will be compatible with every device or operating system;

• that the platform will always be available; or

• that internet, hardware or software problems will not affect your access.

We are not responsible for losses caused by Content being copied, redistributed or infringed by third parties.

We are not responsible for unauthorised access to your account resulting from your failure to protect your account credentials or email account.

21. Limitation of Liability

Nothing in these Terms limits or excludes liability where doing so would be unlawful.

To the fullest extent permitted by law, theFANBANK and its subsidiaries, employees, owners, representatives and agents will not be liable for indirect or consequential losses arising from your use of the platform.

This includes, where legally permitted:

• loss of profits;

• loss of sales, business or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity;

• loss of goodwill or reputation;

• loss of data or information; and

• losses arising from Content being copied, distributed, reposted or infringed by third parties.

We are also not liable for failure or delay caused by circumstances outside our reasonable control.

To the fullest extent permitted by law, our total liability to you for claims arising from or relating to your agreement with us will be limited to the greater of:

• 100% of the total fees paid by you to us in connection with your use of theFANBANK; or

• USD $5,000.

Nothing in these Terms affects any rights or liabilities that cannot legally be excluded or limited.

22. Indemnity

You agree to compensate theFANBANK for losses, liabilities, costs and expenses reasonably incurred as a result of:

• your breach of these Terms;

• your unlawful use of theFANBANK;

• Content you upload;

• your failure to obtain necessary rights, permissions or consents;

• your failure to comply with applicable tax or legal obligations; or

• claims made against theFANBANK arising from your Creator activities or Content.

This provision applies to the extent permitted by applicable law.

23. Communications

We may communicate with you using email, messages posted to your theFANBANK account or other contact information you provide.

You are responsible for ensuring that your contact details remain accurate and that you can receive communications from us.

24. General

If any part of these Terms is found to be unenforceable, the remaining provisions will continue to apply.

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

We reserve all rights not expressly granted to you.

You may not transfer, assign or subcontract your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms and may use third parties to perform our obligations.

These Terms, together with the other policies and documents expressly incorporated into them, form the entire agreement between you and theFANBANK concerning your use of the platform as a Creator.

25. Complaints and Appeals

If you have a complaint about theFANBANK or a decision concerning your Creator account, you should refer to our Complaints Policy and Appeals Policy.

You can contact us at:

support@thefanbank.com

Written communication may be sent to:

17 Dewley Court
Westway Industrial Park
Newcastle Upon Tyne
United Kingdom
NE19 9AW

26. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from or relating to these Terms or your use of theFANBANK, subject to any mandatory rights you may have under the laws applicable to you.

Before commencing legal proceedings, you agree to notify us of the dispute and, where requested by us, participate in pre-action mediation where appropriate.

Any claim against theFANBANK or its subsidiaries must, except where prohibited by applicable law, be brought within one year after the date on which the claim arose or the date on which you knew or should reasonably have known of the facts giving rise to the claim.

Where legally permitted, failure to comply with the applicable dispute-resolution requirements may affect your ability to bring a claim.