Terms of Use

Terms of Use:

1. Agreement and Modification:

o These Terms govern your use of the website, and you agree to them when using

theFANBANK.

o Modification: the terms can be updated or changed at any time, meaning you need to

regularly check for any updates.

o Subscriptions: Subscriptions will automatically renew for the same duration unless you

cancel them.

2. Disputes:

o If a dispute arises, you must notify the platform and agree to go through mediation before

taking any legal action.

3. Interpretation of Key Terms:

o Business User: Any user using theFANBANK for commercial purposes, such as Referring

Users.

o Consumer: Any user who is not engaging with the platform for business purposes.

o Creator: A user who posts content for others (Fans) to view and interact with.

o Fan: A user who accesses content from Creators through a paid interaction (like

subscriptions or one-time payments).

o Creator Interaction: Any engagement with a Creator's content that requires payment,

including subscriptions or pay-per-view content.

o Creator Earnings: The portion of a Fan's payment that a Creator receives, after deducting

platform fees and taxes.

4. Content and Rights:

o Content refers to all media shared by users, such as photos, videos, text, etc.

o The Contract between Fan and Creator governs each interaction where a fan accesses a

creator's content.

5. Payments and Fees:

o Fan Payments: Any payments made by Fans for FanBucks that will be exchanged with

Creator for access to that Creators content.

o Indirect Sales Taxes: Taxes that apply to Fan Payments when purchasing FanBucks depending

on jurisdiction.

6. Notification:

o The platform may notify you through messages on your theFANBANK account, email,

physical mail, text message, or phone calls to your provided contact details.

In Summary:The Terms of Use outline the agreement between the platform and its users, including both Creators and

Fans, and provide an overview of how content interactions, subscriptions, payments, and disputes are

handled. It emphasizes the right of the platform to modify terms, automatically renew subscriptions, and

initiate notifications in various forms.

OVERVIEW:

theFANBANK does not create any media. theFANBANK is, exists as, and operates only as a website, portal,

online platform on which content creators can monetize their own content and fan interactions. All creators

operate entirely independently of theFANBANK. theFANBANK does not directly employ any creator or

creators. Creators can utilise any number of the revenue streams that theFANBANK offers to creators.

theFANBANK does not facilitate a direct fan to creator sale. theFANBANK operates FanBucks, a site used

credit purchase and sales system. To clarify, any fan that purchases FanBucks, does so on the understanding

that they are at the point of sale purchasing site credit only.

Key Terms and Highlights:

1. Definitions:

• "Subsidiary": A company or entity controlled by theFANBANK or its related entities.

• "Tax": Includes all applicable taxes or charges that could be imposed on Fan Payments.

• "Terms of Service": This is the binding legal agreement between you (the user) and the platform,

which includes not just the Terms of Use, but also other policies like Acceptable Use Policy, Referral

Program Terms, and others.

• "Upload": Refers to publishing or posting any form of content (photos, videos, etc.) on the platform.

• "User": Refers to anyone using the platform, whether as a Creator or a Fan (or both).

2. Who We Are & How to Contact Us:

• Operator: theFANBANK is operated by Marmont Encore Limited, a company registered in England

and Wales.

• Contact Info: For inquiries, you can reach out to support@thefanbank.com, or contact them

through their physical address in the UK.

3. Changes to Terms of Service:

• theFANBANK may modify these Terms of Service without prior notice, typically to comply with

changes in laws or address any platform risks.

• Notification: They will notify you if changes are made, and you can delete your account if you don’t

agree with the new terms.

4. Availability of the Platform:

• theFANBANK does not guarantee continuous access and may suspend or change the platform

without notice.5. Registration:

• User Requirements: To register, you need to provide a valid email, username, and password, or

authenticate through a third-party. The platform will also verify you meet legal requirements like

age (must be 18 or older), and you must not have a criminal conviction.

• Creator Account Requirements:

o ID Verification: Upload a valid ID, photos, and add bank/payment details.

o Subscription Price: Set a price for subscriptions if you’re a Creator.

o Content: You must upload content for Fans to access.

o VAT Registration (UK): If applicable, provide your VAT number.

6. Adult Material:

• Some content on the platform may be adult-oriented, and by accessing the platform, you

acknowledge this.

7. Content – General Terms:

• Non-Confidential Content: Content shared on the platform is not confidential, and Fans are

authorized to access it for personal use only.

• Creator Responsibility: You (the Creator) are legally responsible for ensuring all the content you

upload complies with the Terms of Service and any applicable laws.

• Content Ownership: You must own or have the rights to the content you upload, including any

third-party materials used.

• Content Quality: The content you post must meet satisfactory quality standards as defined by the

platform.

1. Creator Representations:

o Nature of Content: As a Creator, any content you post must be represented accurately

regarding its nature. You are accountable for making sure your content matches the

description you've provided.

o Purpose Suitability: You should ensure that your content is suitable for the purpose

intended by the Fan, if they’ve specified one.

o Accuracy: Your content should be as described by you in any advertising or communication.

2. Liability & Indemnity:

o Indemnity: If any of the above representations are untrue, you’ll be held liable. This means

that if the content is misrepresented or causes harm, you will be responsible for

compensating any loss or damage that theFANBANK suffers due to the misrepresentation.

3. Platform's Role:

o Content Control: theFANBANK does not directly control or endorse the content posted by

Creators or any other Users. The platform isn't required to pre-screen content before it’s

uploaded. , and human moderation to monitor content and will reserve the right to remove

any content that it deems in violation of our Terms of Service.o theFANBANK operates a Three phase moderation process. Phase One is an AI check. Phase

Two is human intervention where theFANBANK admin and moderation team will intervene.

Phase Three is community and platform driven. We actively encourage all users to utilise the

“report” button found on all media, content, creator and user pages. All users of

theFANBANK therefore have the the ability to report potential inappropriate material that

may have bypassed phase One & Two. theFANBANK has been built for the benefit of all

users, and we want all users to help us to keep this a safe place for all.

o Content Removal: However, the platform retains the right to pre-screen, monitor, or remove

content if it violates the Terms of Service.

4. Custodian of Records:

o As a Creator, you are responsible for maintaining records of all content you upload. You must

ensure that your content complies with the platform’s rules and any applicable laws.

Fan Subscriptions and Purchases:

• Creator Interactions: These refer to interactions where Fans engage with Creators, including

subscriptions or other forms of content purchases.

• Contract Between Fan and Creator: While theFANBANK facilitates these interactions, it is not a

party to the contract between the Fan and Creator. The platform simply provides the space for

these interactions, but it doesn’t directly govern or control them.

What This Means for You:

• As a user (Creator or Fan), you need to be aware of the platform’s rules around registration, content

ownership, and intellectual property.

• Content Responsibility: Creators should ensure that their content is fully compliant with the

platform’s terms, and third-party rights are respected.

• The platform reserves the right to change the terms, suspend the service, or modify your access, so

staying up-to-date with changes is important.

This section outlines important aspects of Fan Payments, Subscriptions, and Wallet Credits on

theFANBANK. Here's a breakdown of the key points:

Creator Interactions & Pricing:

1. Pricing Responsibility:

o Creators are entirely responsible for determining the pricing for any Creator Interactions,

whether they’re Subscriptions or other forms of Fan Payments.

2. Currency:

o All prices are displayed and charged in USD, and users should be aware that payment

providers may charge additional currency conversion fees.3. Indirect Sales Tax (IST):

o Fan Payments are exclusive of UK VAT at 20% and will be added to the sales total.

Creator Interaction Process:

4. Creator Obligations:

o Once a Creator is notified that a Creator Interaction (such as a Subscription) has been

confirmed, they are required to fulfill their part of the interaction (i.e., provide the content

or service promised). If they fail to do so, they indemnify theFANBANK for any resulting

damages or losses.

5. Subscription Process for Fans:

o Before entering into a Creator Interaction, Fans must provide payment information and click

"Subscribe" on the Creator’s account.

6. Payment Authorization:

o By entering payment information, Users authorize theFANBANK and its subsidiaries to share

the payment details with a third-party provider for processing Fan Payments.

7. Payment Methods:

o If a Fan Payment fails on the primary payment method, the system will use a backup

payment method if provided by the user.

Subscription Details:

8. Automatic Renewals:

o By clicking "Subscribe," the Fan agrees that the Subscription will automatically renew at the

same rate (plus applicable taxes) unless certain conditions are met (e.g., payment fails, price

increases, or the "Auto-Renew" feature is turned off).

o No additional notifications will be sent about the renewal once the Subscription is started.

9. Cancellation:

o Fans can cancel their Subscription at any time. If a cancellation occurs, the fan can continue

to access the Creator’s Content until the end of the current subscription period. After that,

no further payments will be taken unless a new Subscription is initiated.

Refunds, Chargebacks, Disputes:

10. Refunds & Chargebacks:

o Users are expected to refrain from making unjustified refund or chargeback requests. If

theFANBANK determines that these requests were made in bad faith, it may result in the

suspension or deletion of the user’s account.A fan is only purchasing FanBucks. Because of this the fan is always aware that there can be no

dispute between theFANBANK and the fan. theFANBANK will always provide the exact number of

FanBucks purchased by the fan.

Because this system has been designed to ensure the safety of all users and theFANBANK platform,

theFANBANK will not tolerate attempted payment charge backs or payment disputes from any fan.

Any fan that makes any attempt to charge back or reverse any purchase of FanBucks prior to seeking

resolution with theFANBANK by contacting support@thefanbank.com may have their membership

of theFANBANK cancelled and future access to theFANBANK blocked.

A dispute may arise between a fan and creator only if the creator fails to honour the media or

interaction services that were expected upon the fan exchanging FanBucks with the creator for said

services or interactions.

theFANBANK will investigate every dispute that a fan makes. At our discretion, any creator that is

found to have received FanBucks in good faith and not exchanged media or interactions as expected

by the fan, may have their membership of theFANBANK cancelled and future access to theFANBANK

blocked.

Any dispute where it is found that a creator has not provided the media or interaction services that

a fan can reasonably expect to receive in exchange for FanBucks will result in the disputed quantity

of FanBucks being withheld from the creator, and an equal quantity of FanBucks credited back to

the fan.

Fanbucks:

11. Prepaid FanBucks:

o Fans can pre purchase a set amount of FanBucks, which can be used for Fan Payments later.

However, there are limitations:

▪ FanBucks are non-refundable.

▪ No interest is earned on FanBucks.

▪ If a purchase exceeds the remaining Wallet Credits, the full amount of the purchase

will be charged to the Fan’s payment card.

▪ Using FanBucks to send a private message to any creator does not imply or guarantee

that the creator will read, acknowledge or respond to said message.

o Fans will use the site wide currency FanBucks. Fans can purchase any amount of FanBucks

and exchange them with Creators in exchange for media, messages, tips, custom requests.

Creators alone determine the cost in FanBucks of each of their channels of monetization.

A fan can purchase FanBucks in various quantities from 15 to 250 per transaction.A fan can set his or her own maximum daily FanBucks purchase amount in account settings.

▪ If a fan has ongoing rolling subscriptions with One or more creators and there is

insufficient balance of FanBucks in the fan wallet, then theFANBANK will take

payment without notification from the registered Fan payment card to cover the cost

of said subscriptions.

Sending a paid message does not guarantee or imply that the message will be read by the recipient.

Sending a paid message does not guarantee or imply that the recipient will reply to the message.

11a. Creators will accrue FanBucks from their sales and chargeable interactions with Fans.

▪ Creators who choose to utilise the paid messaging revenue stream are encouraged to

interact with fans, however any and all interactions are entirely at the discretion of

the creator.

▪ Creators will be able to redeem their accrued FanBucks with theFANBANK at a

predetermined rate every 2 weeks.

Summary:

• Creators set their own prices and list in site currency FanBucks.

• Fan purchase of FanBucks are charged in USD and subject to tax.

• Subscriptions are automatically renewed unless cancelled or payment fails.

• Fans need to provide payment info and authorize transactions for Creator Interactions.

• Refunds or chargebacks must not be unjustified, as they could lead to penalties like account

suspension.

• Wallet Credits are a convenient way to prepay for future Fan Payments but come with limitations

and no refunds.

This section puts a lot of focus on the responsibility of both Creators and Fans in maintaining transparent

transactions, clear obligations, and proper account management.

a. If your account is terminated, we will handle your content as outlined in our Privacy Policy.

You will not be able to access your Content after your account is terminated.

b. We may review any suspected or alleged misuse, abuse, or unlawful use of theFANBANK and

cooperate with law enforcement agencies in such reviews.

c. We may disclose any information or records in our possession or control about your use of

theFANBANK to third parties in keeping with our Privacy Policy.

d. We may change which third-party payment providers process Fan Payments.e. Other than Content which is owned by or licensed to Creators, we and/or our licensors own

all rights in and to theFANBANK and its entire contents.

f. We are the sole owners of any and all anonymised data relating to your use of theFANBANK

and we can use that data for any purpose permitted by law.

This section provides important details about Creator Payouts, Tax Compliance, and

theFANBANK’s Rights and Obligations. Here's a breakdown:

Creator Payouts:

Third-party Payment Processing:

All Fan Payments are processed through an approved third-party payment provider.

Fee Structure:

theFANBANK does not take a commission payment from creator earnings.

theFANBANK generates revenue from the sale of FanBucks to fans.

Creator payout by FanBucks redemption: Creators shall redeem FanBucks at a rate of $0.850

Minimum Payout Requirement:

Creator Earnings will be paid automatically on a bi weekly basis. Payments from sales and

transactions will rest with theFANBANK for One full month before being added to the creators

next payout. Automatic payouts will take place once the balance owed to the creator exceeds

$50.

Currency & Conversion Fees:

All Fan Payments and Creator Earnings are processed in USD. However, Creators may face

currency conversion fees or other banking fees imposed by their bank or e-wallet provider.

theFANBANK does not control these fees and is not responsible for them.

Refunds and Chargebacks:

If a Fan requests a refund or chargeback for a payment, theFANBANK may deduct the Creator

Earnings corresponding to the refunded or chargeback amount.

Payout Options:

The payment provider used for payouts does not store Creator payout data, except for direct

bank transfers.

Tax Compliance:

Creator’s Responsibility:

Creators are solely responsible for managing their tax obligations. theFANBANK does not provide

tax advice or take responsibility for any tax-related matters.

Creators must report all payments received through theFANBANK to the relevant tax authorities

as required by law.Non-compliance:

If a Creator becomes tax non-compliant or faces an investigation related to taxes, theFANBANK

reserves the right to restrict or suspend payouts and earnings or close the account.

VAT Compliance:

Creators registered for UK VAT or EU VAT must follow theFANBANK's VAT policies and comply

with their respective tax regulations.

Tax Filing & Payments:

Creators are responsible for filing their taxes and ensuring the payment of any tax due on

Creator Earnings. Non-compliance may lead to the suspension or closure of the account.

Our Rights & Obligations:

Content Removal:

theFANBANK reserves the right to suspend or remove Content that violates its Terms of Service.

Legal Compliance:

theFANBANK adheres to laws that require it to remove illegal Content as soon as it becomes

aware of it.

Technology Tools for Content Review:

To maintain compliance, theFANBANK may use AI and machine learning tools to detect and

remove inappropriate or violating content.

Recommendations & Personalization:

theFANBANK may use recommender systems to display Creator accounts based on preferences

similar to those of other users.

No Liability for Losses:

theFANBANK is not responsible for any losses caused by actions it takes to remove or suspend

Content in accordance with its policies.

Notification for Suspended or Deleted Accounts:

While theFANBANK reserves the right to suspend or delete accounts and Content, it will attempt

to Notify users about such actions.

Summary:

1.Creators are responsible for taxes on their Earnings and must comply with tax laws in their

jurisdiction.

theFANBANK does not charge commission on creators earnings and works with third-party

payment providers to process payouts.

Creators can only withdraw earnings when the balance meets the minimum payout

requirement, and currency conversion fees may apply.2. 3. The platform may use technology tools for reviewing and managing Content but is not liable for

any losses users incur due to Content removal or suspension.

This section highlights the importance of managing tax obligations and account compliance for

Creators, along with clear terms regarding payouts and fees. Let me know if you'd like further

clarification!

We may choose how we communicate with you, including by emails and messages posted to

your theFANBANK account.

What we are not responsible for: We will use reasonable care and skill in providing theFANBANK to

you, but there are things we are not responsible for, including:

a. We do not control Content that Users post on theFANBANK. We do not choose, endorse,

authorise, approve or guarantee the completeness, legitimacy, legality, accuracy, or

reliability of any Content Users post on theFANBANK. We comply with applicable laws

requiring us to use proportionate measures to quickly remove illegal Content when we

become aware it is on theFANBANK. You may report Content you suspect may be illegal by

following our Complaints Policy.

b. We do not grant you any rights in relation to Content.

c. Whether your Content is viewed by individuals that recognise your identity.

d. Any suggestions, comments, reviews, or requests that any User provides, accepts, or

receives.

e. Any promise or guarantee that Creators or Referring Users will generate earnings from

theFANBANK.

f. Whether theFANBANK is compatible with all devices and operating systems. You are

responsible for configuring your information technology, device, and computer programs to

access theFANBANK.

g. The availability of the internet, or any issues in your hardware, or software, that may impact

your use of or access to theFANBANK.

h. Any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting

unauthorised activities or resulting unauthorised payments or withdrawals of funds.

i. The circulation of Content recorded in breach of the Terms of Service.

Circumstances in which we may suspend or delete your account and/or Content, pause Fan

Payments, and/or withhold Creator Earnings:

a. We may suspend or delete your account with 30 days' Notice, at any time, for any reason;

b. At any time, without warning or Notice and for as long as is necessary to review the relevant

facts, we may: (i) suspend or delete your account and/or your Content; (ii) pause Fan

Payments which would have been due during the suspension period; (iii) withhold any part

of your Creator Earnings; and/or (iv) suspend, refund, or cancel Fan Payments if:

i. we think you have or may have seriously or repeatedly breached the Terms of

Service;

ii. you attempt, or threaten, to breach the Terms of Service in a way which we think has

or could have serious consequences for us or another User; and/or4. iii. we suspect that all or any part of the Creator Earnings result from unlawful or

fraudulent activity, either by you or by the Fan who made the Fan Payment resulting

in the Creator Earnings.

c. If, based on our review of the relevant facts, we determine that any of the above is true, we

may: (i) delete your account and/or your Content; (ii) treat any part of your Creator Earnings

as forfeited; and/or (iii) refund or cancel Fan Payments. We will Notify you when we take any

such action and will provide a statement of reasons why. If we terminate your Fan account

for violating the Terms of Service, Fan Payments, including prepaid Subscription payments,

will not be refunded.

d. If you do not dispute our decision within six months of Notification, you waive the right to

dispute the decision. You may dispute a Creator Earnings forfeiture decision by following

our Complaints Policy and dispute an account termination or Content deactivation decision

by following our Appeals Policy. In certain jurisdictions, you may be entitled to bring a claim

against us for breach of contract where we remove or restrict access to your Content or the

theFANBANK platform in breach of our Terms of Service.

e. If a lien, levy, or other encumbrance is placed on your Creator Earnings, we may withhold

any part of your Creator Earnings and may suspend or cancel FanBucks Payments. We have

no duty to make ongoing payments to your creditor(s) and may withhold Creator Earnings

until an encumbrance is removed.

f. We may use any part of your Creator Earnings to set off any harm or loss we suffer as a

result of your breach(es) of the Terms of Service.

Intellectual property rights – ownership and licenses:

a. You confirm that your Content does not infringe or violate the intellectual property rights of

any third-party and that you own or have obtained all rights necessary to distribute, copy,

display, publicly perform or otherwise use the Content.

b. You agree to grant us a license to all your Content to perform any act related to the

operation of theFANBANK and our related products and services, including reproducing,

making available or displaying to the public, distributing, creating derivative works, and

otherwise using your Content, including for the purpose of improving the features and

functionalities of theFANBANK and our related products and services.

c. The license you grant us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable,

assignable, and transferable by us.

d. Except for mandatory provisions of law that apply to you, you waive any moral rights you

may have under any applicable law to object to treatment of your Content.

e. We will never sell your Content to other platforms; however, in the event of a sale of our

company or its assets, we may transfer any license you have granted us.

f. While we do not own your Content, you grant us the right to submit notifications of

infringement (including of copyright or trademark) on your behalf to any third-party that is

infringing your Content. We are under no obligation to submit such notifications or to police

infringements of your Content.

g. Our DMCA Takedown Policy describes our procedures for responding to reports that

infringing content was published on theFANBANK. Our Complaints Policy explains how tomake a complaint about infringement of intellectual property rights on platforms other than

theFANBANK.

5. Co-authored Content:

a. You are legally responsible for all Content you Upload. You may Upload Content that features

someone other than you ("Co-Authored Content").

b. You warrant that each individual in Co-Authored Content you Upload is:

i. a Creator you have tagged using the tool available on theFANBANK; or

ii. an individual at least 18 years of age whose proof of identity and whose written,

informed consent you have obtained to share the Content on theFANBANK.

c. You and each Co-Author will provide us with necessary documents to confirm you have

satisfied the requirements of these Terms of Service.

d. If you, or anyone appearing in Co-Authored Content, do not provide any information we

request, we may restrict or delete the Co-Authored Content or your account, and/or

withhold all or any portion of your Creator Earnings.

e. We are not a party to any agreement that you have to create Co-Authored Content or any

resulting dispute. All claims arising from Co-Authored Content shall be made against the

Creator(s) who posted or who appear in the Co-Authored Content. You will not make any

claims against us, and you release us from any claims against us, arising from Co-Authored

Content.

f. Any individual(s) who appear in the Co-Authored Content may, at any time, withdraw their

consent to appear in that Co-Authored Content. Co-Authored Content may be deleted

where a participant withdraws consent.

6. Sharing and linking to and from theFANBANK:

a. Other online platforms may allow Users to connect their theFANBANK account and share

Content. You remain bound by the theFANBANK Terms of Service and that platform's terms

of service when sharing content in this way.

b. Links to theFANBANK:

▪ Do not link to theFANBANK in a way that is deceptive or that suggests any form of

association, approval, or endorsement on our part.

▪ Any link promoting your Creator account must comply with our Terms of Service and

the terms of service where you advertise.

▪ Do not promote your theFANBANK account using Google Ads or any similar

advertising platform or search engine advertising service.

c. Links from theFANBANK: Links on theFANBANK to other web sites are provided for your

convenience only. We are not liable for, do not control, approve of, or endorse those linked

websites or the information they contain.

d. Domain Names: You may register or use domain names that contain the theFANBANK

trademark or a confusingly similar term only if:

▪ The domain name is registered by the Creator;▪ The domain name redirects to the Creator's theFANBANK account; and

▪ The Creator obtains written permission from theFANBANK by

contacting support@thefanbank.com and signs a licensing agreement.

If you fail to comply with these provisions or the licensing agreement, we may file a domain dispute or seek

other remedies.

7. Advertising on theFANBANK: If you Upload Content to your Creator account which is designed to

promote, directly or indirectly, third-party goods or services, in return for payment or other valuable

consideration (together "Advertising Content"), then you must ensure that the Advertising Content:

a. is not illegal, prejudicial, threatening, false, fraudulent, harmful, hateful or in violation of

our Acceptable Use Policy or Community Guidelines;

b. does not advertise cigarettes, other tobacco products, electronic cigarettes, illegal drugs, or

any prescription-only medicine;

c. does not advertise, promote, or facilitate illegal gambling;

d. does not direct any Advertising Content for alcoholic drinks at minors or encourage excessive

consumption of alcohol; and

e. adheres to the requirements in Section 19 of these Terms of Use.

8. Transparency requirements:

a. Advertising Content: Clearly and conspicuously label Advertising Content you Upload to

theFANBANK by including in the caption of the Advertising Content:

i. a signifier such as #ad, #paidpromotion or #sponsored; and

ii. the name of the brand advertised and who paid for the Advertising Content.

b. AI Generated Content: AI Generated content must comply with our Terms of Service and

must be clearly and conspicuously captioned as AI Generated Content with a signifier such

as #ai, or #AIGenerated.

9. Account deletion: You may delete your theFANBANK account in the 'User Account' section of your

theFANBANK account.

a. If you are a Fan, we will delete your account within a reasonable time and will not charge

any further Subscriptions. After we delete your account, you will not have access to your

former account or any Content.

b. If you are a Creator, your account will remain open until all active Fan Subscriptions expire.

We will then pay all unpaid Creator Earnings and delete the account. All subscriptions will be

deleted and cannot be renewed. After we delete your account, you will not have access to

your former account or its Content. Deleting your theFANBANK account will not

automatically delete Co-Authored Content posted by another Creator.

c. After your account is deleted, we may deal with your data in accordance with our Privacy

Policy.

10. Responsibility for alleged loss or damage:

a. Whether you are a Consumer or Business User we do not limit our liability where it would

be unlawful to do so. Consumers may rely on mandatory provisions of law that apply tob. c. them and nothing in our Terms of Service affect a Consumer's rights to rely on mandatory

provisions of local law.

If you are a Consumer, you agree that:

▪ We, each Subsidiary, and our employees, owners, representatives, and agents are not

liable to you for any loss of profit, loss of business or revenue, business interruption,

loss of business opportunity, or loss of anticipated savings arising from or in

connection with your use of theFANBANK.

▪ If you are a Consumer User and reside in the United States of America, our total

liability to you for claims arising out of or related to your agreement with us shall be

limited to USD $0 per claim.

If you are a Business User, you agree that:

▪ We, each Subsidiary, and our employees, owners, representatives, and agents:

▪ exclude (to the extent permitted by law) all implied conditions, warranties,

representations, or other terms that may apply to theFANBANK or any

Content. This means that if the Terms of Service do not expressly include a

promise or commitment by us, then one cannot be implied by law;

▪ are not responsible for any loss or damage that is not a foreseeable result of

our breaching the Terms of Service or our failing to use reasonable care and

skill. Loss or damage is foreseeable if either it is obvious that it will happen or

if, at the time you agreed to the Terms of Service, both we and you knew it

might happen;

▪ are not liable to you for any loss or damage, whether in contract, tort

(including negligence), breach of statutory duty, or otherwise, even if

foreseeable, arising out of or in connection with:

▪ your inability to use theFANBANK or any of its services, features or

programs; or

▪ your use of or reliance on any data or information (including Content)

stored on theFANBANK;

▪ are not liable to you for any loss of profits; loss of sales, business, or revenue;

business interruption; loss of anticipated savings; loss of business

opportunity, goodwill or reputation; loss of data or information (including

Content); or indirect or consequential loss or damage;

▪ are not liable to you if your Content is copied, distributed, reposted

elsewhere or its copyright is infringed;

▪ are not liable to you for any disclosure of your identity, or any disclosure or

publication of your personal information by other Users or third parties

without your consent (also known as "doxing");

▪ are not liable to you for any failure or delay by us in complying with any part

of the Terms of Service arising from events outside our reasonable control.▪ Our total liability to you for any and all claims arising out of or related to your

agreement with us, whether in contract, tort (including negligence), breach of

statutory duty, or otherwise shall 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.

11. General: You agree that:

a. b. c. d. e. f. g. h. i. j. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.

If we fail to enforce any aspect of your agreement with us, it will not be a waiver.

We, each Subsidiary, and our employees, owners, representatives, and agents reserve all

rights not expressly granted to you.

No implied licenses or other rights are granted to you in relation to any part of theFANBANK,

save as expressly set out in the Terms of Service.

Agreeing to our Terms of Service and using theFANBANK does not create an agency,

partnership, joint venture, franchisor-franchisee, representative, fiduciary, or employee–

employer relationship. You do not have authority to bind us or any Subsidiary in any manner.

Your agreement with us does not give rights to any third parties, except that each Subsidiary

and our employees, owners, representatives and agents may enforce the exclusions and

limitations of liability and the terms relating to disputes in our Terms of Service.

You cannot transfer, assign, or subcontract your rights or obligations under any agreement

with us.

Our rights and obligations under your agreement with us can be assigned or transferred by

us to others. We may delegate the performance of any of our obligations under your

agreement with us to any third-party.

The Terms of Service form the entire agreement between us and you regarding your access

to and use of theFANBANK, and supersede any and all prior oral or written understandings

or agreements between us and you.

If you have a complaint about theFANBANK, refer to our Complaints Policy and our Appeals

Policy.

k. email support@thefanbank.com.

l. Written communication should be directed to 17 Dewley Court, Westway Industrial Park,

Newcastle Upon Tyne, United Kingdom, NE19 9AW.

12. Choice of law and forum for disputes:

a. For Consumers:

▪ Choice of law: To the greatest extent permitted by the laws of the place where you

live, your agreement with us is governed by the laws of England, which will apply to

any claim arising out of or in connection with your agreements with us or your use of

theFANBANK including non-contractual disputes or claims. You may also rely on

mandatory rules of the law of the country where you live.▪ Forum selection: For United Kingdom and European Union residents, the courts of

England and Wales or the courts of the country where you live will have jurisdiction

over a claim which arises out of or in connection with your agreement with us or

your use of theFANBANK (including non-contractual disputes or claims). For all

others, the courts of England and Wales will have jurisdiction over any claim which

arises out of or in connection with your agreement with us or your use of

theFANBANK (including non-contractual disputes or claims).

b. For Business Users:

c. d. e. f. g. ▪ Choice of law: If you are a Business User, your agreement with us is governed by the

laws of England and Wales, which will apply to any dispute arising out of or in

connection with your agreement with us or your use of theFANBANK including non-

contractual disputes or claims without regard to conflict of law provisions.

▪ Forum selection: If you are a Business User, you and we agree that the courts of

England and Wales will have jurisdiction over any claim which arises out of or in

connection with your agreement with us or your use of theFANBANK (including non-

contractual disputes or claims).

Limitation period for bringing claims: Except where prohibited by applicable law, any claim

or cause of action against us or any Subsidiary must be filed within the earlier of one year

after the date on which such claim or cause of action arose or the date on which you learned

or should have learned of the facts giving rise to the cause of action, or that claim is

expressly waived and cannot be brought.

You agree to notify us prior to bringing any cause of action and, if we request it, to submit

any dispute to pre-suit mediation. This provision is a material inducement to allow you to

use theFANBANK.

If you are a User and commence proceedings against us or any Subsidiary, we reserve the

right to terminate your account to minimise the risk of potential harm to theFANBANK, to us,

and to our community.

All other documents initiating proceedings must be served in accordance with the laws of

England and Wales. We do not accept service in any other manner.

Failure to comply with the requirements of this section is a material breach of the Terms of

Service.