| 1. |
Scope |
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1. Distribution and Sales |
| 1.1 |
FanRaizd set out below the terms upon which you (the undersigned/ FanRaizd user ) authorise FanRaizd on an exclusive basis during the Term and in the Territory to and authorise FanRazid's carefully selected partners to distribute and/or make available (by resale, subscription, revenue share, or other financial model existing today or in future) by digital “on line” means via digital telephony or via third party online or telephony sites (“Sites”) (including but not limited to iTunes) download and/or streamed reproductions (with or without accompanying artwork) of the audio and audio visual recordings set out in the First Release together with those audio and audio visual recordings which you own and/or control during the Term (“eMasters”) together with information (“Metadata”) relating to such eMasters. |
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| 1.2 |
In the event eMasters will be distributed or licensed to other third parties, FanRaizd has the right to "take down" of such eMaster. The undersigned also ensures that all material being submitted to FanRaizd Service is fully cleared with rightholder's and/or any other party who have a legal interest in material submitted to FanRaizd service. On those occasions where an dispute may arise or potential third party claim. FanRaizd is not liable and have the right to handle either by "take down" or any other means necessary until dispute is resolved. |
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| 1.3 |
The Term (period) starts from first upload of eMaster to FanRaizd service. Definition of Territory is the World meaning all countries FanRaizd is active today and in the future. |
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| 1.4 |
Member shall upload eMasters, Metadata (including artwork) and (to the extent available) photographs and promotional materials for use in promoting the eMasters and any other materials via your FanRaizd login account on the FanRaizd Platform. The details in the Metadata will include the authors and composers of the musical compositions and performers embodied on the eMasters and details of music publishers (if any). You will provide to us artwork and (to the extent available) photographs and promotional material for use in promoting the eMasters. You authorise us to obtain for and assign to the eMasters ISRC and EAN/UPC-A codes. We shall be responsible at our cost for encoding eMasters into appropriate formats for electronic or other delivery to third party Sites. We reserve the right not to include or submit any eMaster Metadata or any other materials to any Sites that we reasonably believe may for technical reasons not meet the required specs or for legal reasons be unlawful or give rise to potential third party claims. In addition we reserve the subsequent right to withdraw (permanently or temporarily) eMasters Metadata or any other materials from any Sites which we reasonably believe are subject to or may give rise to third party claims. Under no circumstances shall we be held liable or responsible in respect of any eMaster Metadata or any other materials submitted by you and which we have included or submitted to any Sites whether we have acted or not upon such reserved rights. You warrant that you have the right to enter into this Agreement and to grant the rights to the eMasters Metadata artwork and other materials supplied by you which you warrant do not and will not infringe the rights of any third parties and you indemnify us against any costs, claims or damages from any third parties arising from their use hereunder. |
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| 1.5 |
We will be entitled to use and authorise the use of artwork and streamed clips (for such duration as is customarily required by the Sites) together with the name likeness and biography of artist’s producers etc for the purpose of review and compiling news information discographies profiles and similar ancillary promotional purposes required by Sites. |
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| 1.6 |
FanRaizd's current standard price is 3,99 Euro/Month (ink VAT) miminum of 12 months and will be paid in one time. Relevant monies are received accompanied by a statement showing the source of payment and paid out directly to your FanRaizd account. You will be entitled to audit our books and records of account to verify sums due to you but audit will be limited to once per year and only within two years of the date the statement was rendered. An audit comes with a FanRaizd charge for resources applied to provide for any type of information. Please contact FanRaizd for current fees.. |
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| 1.7 |
FanRaizd will pay Member one hundred percent (100%) of Net Income, net income defined as FaRaizd's actual receipts from Consumer Stores (e.g DSP like Spotify, Itunes, Google Play) less any tax, fee or other charge related to the Sale of your Recordings. Any objection and queries concerning to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law. All Financial Reporting regarding Royalties due will be available under My Profile and in a timely fashion. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. |
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| 1.8 |
For clarification, FanRaizd will until further notice only distribute and pay out royalty for Sound Recording rights and only from Digital Sales and from original uploaded songs. By signing this Terms & Conditions, member grants FanRaizd to also collect royalties for other income streams, both existing today and in the future, including all other Rights for Sound Recording and Publishing, such as Mechanical, Performance and Synch, BUT ONLY if member is not already signed and have entered legal agreement for additional FanRaizd Services. Separate Terms and Condition and price plans are applies for each separate service. Please contact us at fanraizd@gmail.com to learn more. |
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| 1.9 |
You also approve and comply that Emaster and all MetaData connected to Emaster uploaded in FanRaizd service will be splitted in 1000 shares. To Clarify, to fully own a Emaster, all 1000 shares need to be owned to obtain full control over work. FanRaizd charges no fees or costs to sale or purchase of shares in Master/Recording Song, all is included in monthly fee. FanRaizd only facilitate the transaction and do not set any prices or set number of shares for sale or purchase. The community and members in community determines the market and the risk that may arise with these transactions. |
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2. Eligibility, Using the FanRaizd Platform, Member Verification |
| 2.1 |
You must be at least 16 years old and able to enter into legally binding contracts to access and use the FanRaizd Platform or register an FanRaizd Account. By accessing or using the FanRaizd Platform you represent and warrant that you are 16 or older and have the legal capacity and authority to enter into a contract. |
| 2.2 |
FanRaizd may make the access to and use of the FanRaizd Platform, or certain areas or features of the FanRaizd Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history. |
| 2.3 |
The access to or use of certain areas and features of the FanRaizd Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the FanRaizd Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise. |
| 2.4 |
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the FanRaizd Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. |
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3. Modification of these Terms |
| 3.1 |
FanRaizd reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the FanRaizd Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the FanRaizd Platform will constitute acceptance of the revised Terms. |
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4. Content |
| 4.1 |
FanRaizd may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the FanRaizd Platform ("Member Content"); and (ii) access and view Member Content and any content that FanRaizd itself makes available on or through the FanRaizd Platform, including proprietary FanRaizd content and any content licensed or authorized for use by or through FanRaizd from a third party ("FanRaizd Content" and together with Member Content, "Collective Content"). |
| 4.2 |
The FanRaizd Platform, FanRaizd Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the FanRaizd Platform and FanRaizd Content, including all associated intellectual property rights, are the exclusive property of FanRaizd and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FanRaizd Platform, FanRaizd Content or Member Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the FanRaizd Platform, FanRaizd Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. |
| 4.3 |
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FanRaizd Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FanRaizd or its licensors, except for the licenses and rights expressly granted in these Terms. |
| 4.4 |
Subject to your compliance with these Terms, FanRaizd grants you a exclusive, sublicensable, irrevocable, transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the FanRaizd Platform and accessible to you, solely for your personal and non-commercial use. |
| 4.5 |
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the FanRaizd Platform, you grant to FanRaizd a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the FanRaizd Platform, in any media or platform today or future services. Unless you provide specific consent, FanRaizd does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. |
| 4.6 |
You are solely responsible for all Member Content that you make available on or through the FanRaizd Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the FanRaizd Platform or you have all rights, licenses, consents and releases that are necessary to grant to FanRaizd the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FanRaizd's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. |
| 4.7 |
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates FanRaizd’s Content Policy or any other FanRaizd policy. FanRaizd may, without prior notice, remove or disable access to any Member Content that FanRaizd finds to be in violation of these Terms or FanRaizd’s then-current Policies or Standards, or otherwise may be harmful or objectionable to FanRaizd, its Members, third parties, or property. |
| 4.8 |
FanRaizd respects copyright law and expects its Members to do the same. If you believe that any content on the FanRaizd Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy. |
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5. Payment Methods and Payout Methods |
| 5.1 |
When you add a Payment Method or Payout Method to your FanRaizd Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to FanRaizd Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include: |
| 5.2 |
| for PayPal, your address, email address, and payout currency; |
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| 5.3 |
| for Credit or Debet Cards, standard information for those transactions. |
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| 5.4 |
| for future payment Methods, standard information for those type of transactions |
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| 5.5 |
When you add or use a new Payment Method, FanRaizd Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method’s local currency (e.g., two euros or two British pounds), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your FanRaizd Account so it can be used for a future transaction. |
| 5.6 |
To verify your Payout Method, FanRaizd Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. |
| 5.7 |
Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and FanRaizd Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method. |
| 5.8 |
You authorize FanRaizd Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your FanRaizd Account. |
| 5.9 |
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. FanRaizd Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you. |
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6. Financial Terms for Members |
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| 6.1 |
In order to receive a Payout you must have a valid Payout Method linked to your FanRaizd Account. FanRaizd Payments will generally initiate Payouts to your selected Payout Method: (i) for royalties from DSP within 120 hours of the after royalty statement - royalty due with 3 months ledtime, if all data from third party is submitted); (ii) for Gamification and FanRaizd memberpool within 120 hours of the closing of the Gamification or FandRaizd Pool. In certain jurisdictions or instances, FanRaizd Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by FanRaizd Payments may depend upon the Payout Method you select. FanRaizd Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. Payout will be made to FanRaizd account. For further transfer to collect earned royalties, any fees connected to transfer to personal bankaccount, Paypal or any other billing method. |
| 6.2 |
FanRaizd standard currency for Payments are Euro. Any costs connected to tranfering money from FanRaizd to other accounts will be covered by FanRaizd Member. |
| 6.3 |
For compliance or operational reasons, FanRaizd Payments may limit the value of each individual Payout. If you are due an amount above that limit, FanRaizd may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount. |
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| 6.4 |
If you owe any amount to FanRaizd (e.g., as a result of not paying member fee in time), you authorize FanRaizd Payments to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your FanRaizd Account. Any funds collected by FanRaizd Payments will setoff the amount owed by you to FanRaizd and extinguish your obligation to FanRaizd. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges. |
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7. Gamification |
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| 7.1 |
All FanRaizd members and uploaded songs are automatically submitted to all gamification activites issued from FanRaizd platform in all countries where FanRaizd is represented. All data, statistics, decisions regarding any activity rising from gamificiation is within FanRaizd scope and any claims/queries rising from the gamification service is not subjected to appeal. FanRaizd use third-parties data to determine outcome of gamification acitivites. FanRaizd is not liable for any data with discrepancy or inaccuracy coming from third-parties. The genereal policies for the FanRaizd member pool is that no less than 20% of FanRaizd membership fee (less taxes) is reserved for community. |
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8. FanRaizd Member Pool. |
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| 8.1 |
FanRaizd members comply that the amount of money being reserved for FanRaizd member pool and distribution of income is not fixed and subject to change without any approval. The genereal policies for the FanRaizd member pool is that no less than 20% of FanRaizd membership fee (less taxes) is reserved for community. Based on no. of streams every emaster has produced over a certain period will be used when calculated when distributing FanRaizd own royalty back to community. |
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9. General Financial Terms |
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| 9.1 |
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. |
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| 9.2 |
If FanRaizd Payments is unable to collect any amounts you owe under these Payments Terms, FanRaizd Payments may engage in collection efforts to recover such amounts from you. FanRaizd Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (60) days have elapsed after FanRaizd Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to FanRaizd and/or FanRaizd Payments by you. Such communication may be made by FanRaizd, FanRaizd Payments, or by anyone on their behalf, including but not limited to a third-party collection agent. |
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| 9.3 |
FanRaizd members may be required by law to report and remit income details to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. In those event FanRaizd responsibility is limited and only to providing current and accurate data which could retrieved from FanRaizd service. All reporting and contact with governmental agencies, of any kind, is every FanRaizd members responsibility. |
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| 9.4 |
If FanRaizd, in its good faith discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent or infringing activities, FanRaizd reserves the right to discontinue the posting of Net Income to your account and block your ability to otherwise withdraw funds therefrom until resolution of the suspect activities to the satisfaction of FanRaizd is obtained. Furthermore, you agree that such revenues will be forfeited by you if FanRaizd determines, in its good faith discretion, that they are the result of fraud and/or infringement. To the extent that any fraudulent and/or infringing activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by FanRaizd (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be deducted by FanRaizd from any monies otherwise payable to you hereunder. Certain Consumer Stores may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to investigate such policies, if any, and such policies shall be binding upon you hereunder. |
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10. Prohibited Activities |
| 10.1 |
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: |
| 10.2 |
breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the FanRaizd Terms, Policies, or Standards; |
| 10.3 |
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; |
| 10.4 |
register or use any Payment Method or Payout Method with your FanRaizd Account that is not yours or you do not have authorization to use; |
| 10.5 |
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FanRaizd Payments or any of FanRaizd Payments’ providers or any other third party to protect the Payment Services; |
| 10.6 |
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services; |
| 10.7 |
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or |
| 10.8 |
violate or infringe anyone else’s rights or otherwise cause harm to anyone. |
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11. Disclaimers |
| 11.1 |
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied. |
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Notwithstanding FanRaizd Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the FanRaizd Platform, FanRaizd Payments explicitly disclaims all liability for any act or omission of any Member or other third party. FanRaizd Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded. |
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If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. |
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The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. |
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12. Liability |
| 12.1 |
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the FanRaizd Services remains with you. If you permit or authorize another person to use your FanRaizd Account in any way, you are responsible for the actions taken by that person. Neither FanRaizd Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not FanRaizd Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FanRaizd Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. |
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13. Termination, Suspension, and other Measures |
| 13.1 |
You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the FanRaizd Terms. Terminating this Agreement will also serve as notice to cancel your FanRaizd Account pursuant to the FanRaizd Terms. If you cancel your FanRaizd Account. |
| 13.2 |
Without limiting our rights specified below, FanRaizd Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address |
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| 13.3 |
In addition, FanRaizd Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the FanRaizd Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) FanRaizd Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of FanRaizd, its Members, FanRaizd Payments, or third parties, or to prevent fraud or other illegal activity. |
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| 13.4 |
Furthermore, if FanRaizd account are going to be terminated. All rights needs to be sold to other FanRaizd members or be bought back to own and exercise 100% control over Master Right. Any failure to do so, FanRaizd member understand and comply that any income generated from termindated account will go back to the FanRaizd community. |