Terms of Service

These Terms of Service (“Terms”) constitute a binding agreement between you and FanCastle (“FanCastle,” “we,” “us,” or “our”), the operator of the FanCastle website and related services. They govern your access to and use of the FanCastle website, applications, accounts, communities and related features (collectively, the “Services”).

By clicking “I Agree,” registering an account, or otherwise using the Services after receiving appropriate notice of these Terms, you agree to be bound by them. If you do not agree, do not use the Services. If you act on behalf of an organization, you represent that you have authority to bind it. Certain features require separate affirmative acceptance of additional terms.

You may use the FanCastle Services only if you are legally permitted to do so under applicable law. If you are under the age of majority in your jurisdiction, your use of the FanCastle Services must be authorized by a parent or legal guardian where required by law. Certain features, purchases, subscriptions, or commercial activities may be subject to additional age restrictions. You must provide materially accurate registration information, keep your credentials confidential, and promptly notify FanCastle of suspected unauthorized access. You are responsible for activity conducted through your account to the extent permitted by applicable law, but not for unauthorized activity resulting from FanCastle’s failure to meet its legal obligations.

The Services may permit artists and fans to maintain profiles, publish or discover content, communicate, participate in communities, offer or purchase memberships, digital goods, merchandise, experiences or other benefits, and use optional technology-assisted features. Availability varies by feature, location and account eligibility. FanCastle may improve, modify or discontinue features, subject to applicable law and outstanding paid commitments.

FanCastle provides a platform and may also perform expressly identified transaction or fulfillment functions. The applicable offering terms will identify the seller or merchant of record and the party responsible for delivery, refunds and other commercial obligations. FanCastle does not assume responsibility for every artist’s promise merely by hosting an offering.

You may not use the Services to infringe intellectual property, privacy, publicity or other rights; harass, threaten, defraud or impersonate others; distribute malware; gain unauthorized access; interfere with security or operations; manipulate engagement, attribution, transaction or provenance records; circumvent access controls; or scrape, extract or automate access contrary to published permissions or applicable law. You may not submit unlawful deceptive synthetic media or unauthorized digital replicas.

FanCastle may publish reasonable community and content rules. Those rules may govern conduct prospectively but may not, by themselves, transfer ownership of User Content, expand existing content licenses, or retroactively eliminate accrued payment rights.

You retain the rights you have in content you submit or share through FanCastle. You are responsible for ensuring that your content does not violate applicable law or the rights of others.

By submitting content through the Services, you grant FanCastle a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display and distribute that content solely as reasonably necessary to operate the Services and make the content available through the features you choose to use. This license does not transfer ownership of your content or authorize unrelated commercial exploitation.

Content shared by other users remains subject to their intellectual property rights. You may access and use such content only as permitted through the FanCastle Services or the applicable offering.

Users who upload content for publication, distribution or commercial purposes may be required to accept a separate FanCastle Content and Participation Agreement governing ownership, licensing and authorized uses.

Artists and other identified sellers may offer goods, services, memberships, subscriptions, access privileges and experiences through the Services. Before purchase, applicable checkout or offering terms will disclose the seller or merchant of record, total price and applicable charges, recurring billing and renewal terms, cancellation procedures, refunds, delivery and any material limitations. Applicable law controls where disclosures, refunds or cancellation rights are mandatory.

Purchases, memberships and subscriptions are governed by the terms presented at checkout, including applicable prices, renewal provisions, cancellation rights and refund policies.

Purchasing content or access through FanCastle does not transfer ownership of the artist’s intellectual property. Your rights are limited to those expressly included in the applicable offering.

FanCastle may take reasonable steps to address fraudulent transactions, unavailable offerings or failures to deliver purchased benefits, consistent with applicable law and the terms disclosed at purchase.

Payments made through FanCastle may be processed by third-party payment providers. By making a purchase, you authorize the applicable charges and agree to the payment terms presented at checkout.

Payment methods, processing availability, refunds and cancellations are subject to applicable law and the terms governing the transaction. FanCastle does not guarantee the continued availability of any particular payment method.

FanCastle may provide links to or integrations with third-party websites, applications, payment processors and other services. These services operate independently and may be subject to their own terms and privacy policies.

FanCastle is not responsible for the operation, availability or content of third-party services, except as required by applicable law or expressly agreed. FanCastle may modify or discontinue integrations at its discretion.

FanCastle may offer artificial intelligence and other automated features to assist users with discovering content, communicating, participating in communities and accessing services.

Where an AI feature is authorized to act on your behalf, its activities will be limited to the permissions and approvals established through the applicable feature controls. Enabling an AI feature does not grant unlimited authority to act on your behalf.

AI-generated information may contain inaccuracies. Users should exercise appropriate judgment when relying on automated recommendations or communications.

FanCastle and its technology providers retain all rights in the software, technology, branding, design and other proprietary elements used to provide the Services.

Subject to these Terms, FanCastle grants you a limited, nonexclusive, nontransferable right to access and use the Services for their intended purposes.

These Terms do not grant you ownership of FanCastle’s or its technology providers’ intellectual property, or of content belonging to other users.

FanCastle collects and processes personal information in accordance with its Privacy Notice and applicable law.

Users may exercise applicable rights to access, correct or delete personal information as described in the Privacy Notice.

FanCastle may retain information where reasonably necessary and legally permitted for security, transaction records, dispute resolution and compliance with legal obligations.

FanCastle may investigate complaints involving content, accounts or activities that violate these Terms, applicable law or the rights of others.

FanCastle may remove content, restrict access or suspend accounts where reasonably necessary to address violations, protect users or maintain the integrity of the Services.

Where reasonably practicable, affected users will receive notice and an opportunity to request reconsideration.

Copyright complaints will be handled under FanCastle’s published copyright notice-and-takedown procedures and applicable law.

You may stop using FanCastle and request closure of your account through the applicable account procedures.

FanCastle may suspend or terminate access for violations of these Terms, security concerns, fraudulent activity or legal requirements.

Account termination does not automatically cancel outstanding purchases, subscriptions or other obligations, which remain subject to their applicable terms and law.

To the extent permitted by applicable law, the Services are provided on an “as available” basis. FanCastle does not guarantee uninterrupted operation, particular artist participation, audience growth, sales or income, or the accuracy or legality of user-supplied content. Nothing in these Terms disclaims obligations or warranties that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, neither FanCastle nor Nexartis shall be liable for indirect, incidental, consequential, special, exemplary or punitive damages, including lost profits, lost revenue or lost business opportunities, arising from or relating to the FanCastle Services.

The aggregate liability of FanCastle and Nexartis, individually or collectively, for claims arising from or relating to these Terms or the FanCastle Services shall not exceed the greater of (i) the amounts paid by the claimant to FanCastle during the twelve (12) months preceding the event giving rise to the claim or (ii) one hundred dollars ($100).

These limitations do not apply to liabilities that cannot lawfully be excluded or limited, including applicable consumer protections, legally required refunds, or liability arising from fraud or willful misconduct.

FanCastle’s technology providers, including Nexartis LLC, are not responsible for FanCastle’s commercial obligations merely by providing technology used to operate the Services.

These Terms are governed by New York law, without regard to conflict-of-law principles, except where mandatory law requires otherwise. Before filing a formal claim, you and FanCastle will attempt in good faith to resolve it through written notice and discussion for thirty (30) days, except where immediate relief or applicable law makes that process inappropriate.

Subject to applicable law and any mandatory consumer forum rights, proceedings arising under these Terms may be brought in state or federal courts in New York County, New York. These Terms do not impose mandatory arbitration or a class-action waiver. Parties with enforceable rights may seek injunctive relief where legally available to protect intellectual property, privacy, security or confidential information.

These Terms govern general access to and use of the FanCastle Services. Additional agreements may apply to specific activities, including content uploads, artist participation, commercial offerings, purchases and subscriptions.

Where additional terms apply to a particular activity, those terms will govern that activity to the extent of any conflict with these Terms.

FanCastle’s Privacy Notice governs its personal information practices, subject to applicable law.

FanCastle may update these Terms prospectively. Material changes will be communicated through reasonable notice, and renewed affirmative acceptance will be obtained where required by law or appropriate to the change. Changes do not retroactively impair accrued rights or existing paid commitments contrary to applicable law or the governing offer terms.

If a provision is unenforceable, the remainder remains effective to the extent lawful. Failure to enforce a provision is not a waiver. These Terms and the applicable documents identified above constitute the agreement for their respective subjects.

By selecting “I Agree,” you acknowledge that you have read and agree to these Website Terms of Service. Additional terms apply to content uploads, artist commercial activity, purchases, subscriptions and direct Nexartis technology access when applicable and properly presented.