Terms and Conditions

Last Updated: February 17, 2025

Welcome to Fanvaiy, a product of Kintiq, LLC ("we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Fanvaiy platform, including our website, services, and applications. By accessing or using our platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our platform.

Acceptance of Terms

By creating an account, accessing, or using Fanvaiy, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Last Updated" date at the top of this page. Your continued use of the platform after any modifications constitutes your acceptance of the revised Terms.

User Accounts

To access certain features of Fanvaiy, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or if your account has been compromised.

Content Ownership and Responsibility

You retain full ownership of all content that you create, upload, publish, or display on or through the Fanvaiy platform ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute your User Content solely for the purpose of operating and providing the Fanvaiy platform.

You are solely responsible for the User Content you publish. You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content as described in these Terms. You agree not to post content that infringes upon the intellectual property rights, privacy rights, or any other rights of any third party.

Prohibited Conduct

When using Fanvaiy, you agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the platform, servers, or networks connected to the platform
• Attempt to gain unauthorized access to any portion of the platform, other accounts, computer systems, or networks
• Use the platform to distribute spam, unsolicited promotional content, or chain letters
• Upload or transmit viruses, malware, or any other malicious code
• Collect or harvest personal information of other users without their consent
• Use automated means (bots, scrapers, crawlers) to access or interact with the platform without our prior written consent
• Reverse engineer, decompile, or disassemble any portion of the platform

Intellectual Property

The Fanvaiy platform, including its original content (excluding User Content), features, functionality, design, logos, and trademarks, is owned by Kintiq, LLC and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, distribute, sell, lease, or create derivative works based on our platform or any content therein (other than your own User Content) without our express prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.

Termination

We may terminate or suspend your account and access to the platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the platform will cease immediately.

You may terminate your account at any time by contacting us at fanvaiy@kintiq.com. Upon termination, we may delete your account and all associated data, including your User Content, unless otherwise required by law.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the platform will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the platform will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material obtained through the platform will meet your expectations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINTIQ, LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the platform
• Any conduct or content of any third party on the platform
• Any content obtained from the platform
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising out of or related to the use of the platform shall not exceed the amount you paid to us in the twelve (12) months prior to the event giving rise to the liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our platform after any revisions become effective, you agree to be bound by the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us: