Legal

Fan Terms of Use

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These Fan Terms of Use (“Fan Terms”) govern your access to and use of https://www.faim.digital and related FAIM Ink / signing experiences (the “Platform”) operated by FAIM Inc. (“FAIM,” “we,” “us”). They supplement the general website terms at faim.world. If there is a conflict about fan-submitted photos or signed works, these Fan Terms control.

By uploading a photo or requesting a signature, you agree to these Fan Terms.

1.Definitions

  • Original Photo: the image you upload or capture, including any selfie, event shot, or other photograph.
  • Signed Work: the Original Photo after a Celebrity applies a digital or other signature, inscription, mark, or authentication.
  • Celebrity: an athlete, entertainer, influencer, or other talent participating on the Platform.

2.You keep the Original Photo

You retain all copyright and other ownership you already have in the Original Photo. FAIM does not claim ownership of the Original Photo.

You must own the Original Photo or have all rights needed to grant the licenses below, including rights of every identifiable person in the photo.

3.License you grant FAIM in the Original Photo

By submitting an Original Photo, you grant FAIM Inc. and its affiliates, service providers, and sublicensees a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable license to:

  • store, host, process, crop, enhance, overlay a signature on, authenticate, and display the Original Photo in order to create a Signed Work;
  • use the Original Photo as needed to operate the Platform (including showing it to the Celebrity for signing); and
  • after a signature is applied, use the Original Photo only as part of the Signed Work as described in Section 4.

This license does not let FAIM sell or commercially exploit the unsigned Original Photo as a standalone product.

4.License you grant FAIM in the Signed Work (promotion and social)

If a Celebrity signs your photo, you grant FAIM Inc. and its affiliates a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable license to use the Signed Work, in whole or in part, in any media now known or later developed, for:

  • operating and improving the Platform;
  • marketing, advertising, and publicity of FAIM, the Platform, FAIM Ink, events, and related products;
  • social media, websites, press, investor materials, case studies, and paid or organic ads;
  • display next to the Celebrity’s profile or campaign; and
  • creating reasonably necessary excerpts, thumbnails, and derivative presentations of the Signed Work for those purposes.

You still own the Original Photo. FAIM’s promotional rights are in the Signed Work and the combination of your photo + the signature.

You will not receive payment for this promotional license unless a separate written deal says otherwise. Any consumer purchase of a Signed Work is governed by checkout terms.

5.Your warranties

You represent and warrant that:

  • you are at least 18, or have parental consent and are at least 13;
  • the Original Photo is accurate as to what it depicts and is not fraudulent;
  • you have all rights, consents, and releases (including publicity and privacy rights) from every identifiable person in the photo;
  • the photo does not infringe copyright, trademark, or other rights;
  • the photo is not illegal, sexually explicit involving minors, or otherwise prohibited.

FAIM may refuse, remove, or decline to send any photo to a Celebrity.

6.No guarantee of a signature

Submitting a photo does not obligate any Celebrity to sign it. FAIM may reject photos for quality, rights, brand, legal, or other reasons.

7.Moral rights

To the maximum extent allowed by law, you waive moral rights or similar rights that would prevent FAIM from using the Signed Work as licensed (including overlaying a signature and cropping for social formats).

8.Takedown

If you want a Signed Work removed from FAIM marketing going forward, email contact@FAIM.world with the URL or file ID. FAIM will use commercially reasonable efforts to stop new promotional uses. FAIM is not required to recall already distributed posts, ads, press, or archived pages, and blockchain or collector copies may be immutable.

9.Indemnity

You will defend and indemnify FAIM Inc., its officers, directors, employees, agents, and participating Celebrities from claims arising out of the Original Photo, your lack of rights, or your breach of these Fan Terms.

10.General

These Terms and Conditions shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and FAIM that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Delaware.

These Terms and Conditions, together with the Privacy Notice, shall constitute the entire agreement between you and FAIM concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and FAIM’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

FAIM reserves the right to amend these Terms and Conditions at any time and without prior notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

This Agreement is effective until terminated by FAIM. You agree that FAIM, at its sole discretion, may terminate your access to or use of the Website, at any time and for any reason with or without prior notice. Upon any such termination, your right to use the Website will immediately cease. You agree that FAIM shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

FAIM reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with the Terms and Conditions.

YOU AND FAIM AGREE THAT ANY CAUSE OF ACTION THAT YOU BRING ARISING OUT OF OR RELATED TO THE FAIM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Questions about these terms?

If you have any questions regarding these Terms and Conditions, please contact us at contact@FAIM.world.

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