1. Acceptance of Terms
Fanulu ("the Platform") is operated by Fanulu LLC ("we", "us", or "our"). By accessing or using the Platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.
We reserve the right to modify these Terms at any time. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.
2. Age Requirement and Eligibility
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS PLATFORM.
By using the Platform, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into this agreement
- You are not prohibited from using the Platform under applicable laws
- Your use of the Platform does not violate any applicable law or regulation
We employ age verification measures in compliance with 18 U.S.C. § 2257 and similar regulations. False representation of age may result in immediate account termination and potential legal action.
3. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
4. Creator Requirements
To upload content as a Creator, you must complete our verification process, which includes:
- Government-issued photo ID verification
- Proof of age (must be 18 or older)
- Acceptance of the Content Provider Agreement, which sets out these requirements in full
- Compliance with 18 U.S.C. § 2257 record-keeping requirements
4.1 Record-Keeping Obligations (18 U.S.C. § 2257)
As a content creator, you acknowledge and agree that:
- You are the sole custodian of records for all content you upload to the Platform
- You must maintain valid government-issued ID records for every identifiable person appearing in your content
- You must keep each record for seven years from the date it was created or last amended or added to, and, if you stop producing content, for five years after that (28 C.F.R. § 75.4)
- You are solely responsible for compliance with 18 U.S.C. § 2257
- You must be able to provide proof of compliance upon request
- Failure to maintain proper records may result in immediate account termination and potential legal action
4.2 Performer Consent
Before uploading content featuring any other person, you must:
- Verify that all performers are at least 18 years of age using valid government-issued identification
- Obtain signed consent/model release forms from all identifiable performers
- Obtain each performer's written consent to be depicted in the content, to its upload and public distribution on the Platform, and to its viewing by other users
- Retain copies of all consent documentation as part of your 2257 records
- Ensure performers understand how and where the content will be distributed
By uploading content, you certify under penalty of perjury that all performers depicted are adults and have provided documented consent for the creation and distribution of the content.
5. Content Guidelines
5.1 Prohibited Content
You may not upload, post, or transmit content that:
- Depicts minors in any sexual or suggestive context
- Contains non-consensual sexual content or "revenge porn"
- Promotes violence, terrorism, or illegal activities
- Contains content obtained through hidden cameras or without consent
- Infringes on intellectual property rights
- Contains malware, viruses, or harmful code
- Violates any applicable law or regulation
- Depicts bestiality, incest, or other illegal sexual acts
- Promotes or facilitates human trafficking, sex trafficking, sexual exploitation or physical abuse
- Offers, advertises or arranges escorting, prostitution or any other in-person sexual service, or an in-person meeting with a fan
Fanulu does not condone human sex trafficking. All instances of suspected human trafficking will be reported to the proper authorities.
5.2 Content Ownership
You retain ownership of content you upload. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content on the Platform.
6. Subscriptions and Payments
The Platform offers subscription-based access to Creator content. By subscribing:
- You authorize us to charge your payment method on a recurring basis
- Refunds are handled case by case through our billing partner, CCBill, as described in our Refund & Cancellation Policy
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
Creator earnings are subject to our payment terms and applicable fees. We reserve the right to withhold payments pending investigation of potential Terms violations.
7. Intellectual Property
7.1 Platform Content
The Platform, including its design, features, and content (excluding user-generated content), is owned by Fanulu LLC and protected by intellectual property laws.
7.2 DMCA Policy
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). To report copyright infringement, send a notice to [email protected] containing:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
8. User Conduct
You agree not to:
- Harass, abuse, or threaten other users
- Impersonate any person or entity
- Use the Platform for any illegal purpose
- Use the Platform in any way that promotes or facilitates human trafficking, sex trafficking or physical abuse
- Offer, advertise, solicit or arrange escorting, prostitution, any other in-person sexual service, or an in-person meeting between a creator and a fan, on the Platform or through links to other sites
- Attempt to circumvent security measures
- Scrape, crawl, or harvest data from the Platform
- Use bots or automated systems without permission
- Distribute spam or unsolicited communications
- Interfere with the Platform's operation
9. Privacy
Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and protect your information.
10. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Platform will be uninterrupted, secure, or error-free. We are not responsible for user-generated content or third-party services.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.
Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fanulu, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your content
- Your violation of any third-party rights
13. Termination
We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:
- Your right to use the Platform ceases immediately
- We may delete your content and data
- Outstanding payments may be forfeited
- Provisions that should survive termination will remain in effect
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and us.
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- Waiver: Failure to enforce any right does not waive that right.
- Assignment: You may not assign these Terms. We may assign them freely.
16. Contact Us
For questions about these Terms, please contact us at:
Email: [email protected]
By using Fanulu, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.