logologo-name

FanMake Alpha - Unleash your creativity, empower your business | Product Hunt

Terms of Service

Last updated: 2023-01-02

ContentFi Labs ("ContentFi Labs", "we", "our", "us") operates https://fanmake.xyz/  (hereinafter referred to as the “Platform”), and provides certain products, services, and support tools to NFT owners and others (hereinafter collectively referred to as the "Services"). By singing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms. The Privacy Policy and all such additional terms, guidelines and rules set forth on the Platform are hereby incorporated by reference into these Terms with the affirmative consent and acknowledgment of the User.
Please read these terms carefully as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies and obligations. The arbitration agreement requires (with limited exceptions) that you submit a claim that is binding and final to us for arbitration, and (1) you are only permitted to bring a claim against ContentFi Labs in your personal capacity and not as a plaintiff or class member in any class or on behalf of a lawsuit or action, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
We reserve the right to modify these Terms from time to time in our sole discretion. These changes will become effective when we post them. Your continued use of the Platform after we post changes to the Terms will mean you accept those changes.

Introducing FANMAKE

ContentFi Labs ("ContentFi Labs", "we", "our", "us") operates  https://fanmake.xyz/  (hereinafter referred to as the “Platform”), and provides certain products, services, and support tools to NFT owners and others (hereinafter collectively referred to as the "Services"). By singing up for an account on.

Platform functions and user behavior

(a) As a creator of a deployed NFT Collection, the user can:
(i) include the NFT Collection you have created directly into an exclusive Exhibition Space, or include the unspaced NFT Collection you have created that has already been introduced by its holders to the platform into an exclusive Exhibition Space;
(ii) combine your NFT Collection with any of the NFT licenses from the "Can't Be Evil" framework through our smart contracts, giving it legal certainty as well as making your claims to your NFT Collection clearly translated into legal language and protected by copyright laws;
(iii) license others to create NFT Collections derivated from your original NFT Collection through our smart contracts to receive a one-time licensing fee or to participate in the profit sharing the derivative NFT Collection.
(b) As a creator of an undeployed NFT Collection, the user can:
(i) deploy your NFT Collection with any of the NFT licenses from the "Can't Be Evil" framework through our smart contracts, giving it legal certainty as well as making your claims to your NFT Collection clearly translated into legal language and protected by copyright laws;
(ii) license others to create NFT Collections derivated from your original NFT Collection through our smart contracts to receive a one-time licensing fee or to participate in the profit sharing of the derivative NFT Collection.
(c) As an NFT holder, the user can:
license others to create NFT Collections derivated from the NFTs you own through our smart contracts to receive a one-time licensing fee or to participate in the profit sharing of the derivative NFT Collection.
(d) If the user wants to createan NFT Collection derivated from another NFT that is not created or owned by you, the user can:
Seek to be licensed from the creator or holders of the original NFT Collection on the Platform.

Rules for the platform

The following behavior is strictly prohibited by the Platform:
(a) uploading contents of terrorism, extreme violence, child pornography, etc.
(b) violating any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
(c) infringing the intellectual property rights and any other rights of others;
(d) promoting any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
(e) impersonating any person or entity, or falsely state or otherwise misrepresenting your affiliation with a person or entity;
(f) maliciously exploiting any vulnerability of the Platform for profit.
(g) using the Platform in any unreasonable manner, which might results in damage to the interests of other users or the Platform.
The user hereby undertakes not to engage in the above behavior and acknowledges, understands, and agrees that if the user engages in any of these behavior, the Platform has the right to block his/her/their blockchain address.`,

Intellectual property rights
Creator Rights.  The creator owns all legal rights, title and interest in all intellectual property rights of the underlying content of the digital artwork created by the creator on the platform, including but not limited to copyrights and trademarks in the content . As the copyright owner, the creator has the right to reproduce, prepare derivatives, distribute, and display the content. The Creator hereby acknowledges, understands and agrees that the sale of such digital artwork on the Platform constitutes the Creator (a) not selling, tokenizing or creating another crypto token, and (b) will not cause others to sell, tokenize or create another crypto token. By posting any digital artwork on the Platform, the Creator hereby expressly and affirmatively grants the Collector and, to the extent applicable, any subsequent Collector in the Secondary Sale (as defined below) a license pursuant to above. The creator expressly represents and warrants that any digital artwork and underlying art content it publishes on the platform contains only original content authorized by the creator and does not contain unlicensed or unauthorized copyrighted content, including any images, designs, Audio, video, body portraits or other non-original content created by the creator, used without the creator's authorization, not in the public domain or without fair use. The creator further represents and warrants that, to the extent required by law, it has the right to include non-original content.

ContentFi Lab Rights.  User hereby acknowledges, understands, and agrees that by launching, listing, or selling any Digital Artwork (including Non-ContentFi Labs Artwork) on the Platform, User hereby expressly and affirmatively grants to ContentFi Labs, and its Affiliates (as defined below) and its and their successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to (a) reproduce, display, perform, distribute and transmit the Art Content or Non-ContentFi Labs Content underlying such Digital Artwork, and Collection Content, for the purpose of operating and developing the Platform, and (b) use and incorporate the Art Content or Non-ContentFi Labs Content underlying such Digital Artwork, and Collection Content, or derivative works of any of the foregoing, on any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform. The foregoing licenses include, without limitation, the express rights to: (i) display or perform the Art Content or Non-ContentFi Labs Content underlying such Digital Artwork, and Collection Content, on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index the Art Content, Non-ContentFi Labs Content and Collection Content in electronic databases, indexes, and catalogues; and (iii) host, store, distribute, and reproduce one or more copies of such Art Content and Collection Content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or cause, direct, or solicit others to do so. For purposes hereof, “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with ContentFi Labs.

Platform Content and Trademarks.  You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ContentFi Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by ContentFi Labs from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of ContentFi Labs, our Affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ContentFi Labs. The ContentFi Labs name and logos are trademarks and service marks of CONTENTFI LABS PTE. LTD. (collectively the “ContentFi Labs Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ContentFi Labs. Nothing in these Terms or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ContentFi Labs Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of ContentFi Labs Trademarks will inure to our exclusive benefit.

Third Party Content.  Under no circumstances will ContentFi Labs be liable in any way for any Digital Artwork, Art Content, Collection Content, Non-ContentFi Labs Artwork, Non-ContentFi Labs Content, Collection, or any other content or materials of any third parties (including Users), including, but not limited to, (i) for any errors or omissions in any content or materials; (ii) for infringement or violation of intellectual property or other rights in relation to such content or materials; (iii) for any promises, purported promises, or commitments made by other Users; or (iv) for any loss or damage of any kind incurred as a result of the use of any such content or materials or as a result of reliance on any such promises or commitments. You acknowledge that ContentFi Labs does not pre-screen content, but that ContentFi Labs has the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, ContentFi Labs has the right to remove any content (and to terminate any licenses granted with respect thereto) that is deemed by ContentFi Labs, in our sole discretion, to violate these Terms or otherwise be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Artwork (including Non-ContentFi Labs Artwork), including any reliance on the accuracy, completeness, or usefulness of such content.
Represenations and warranties
User Content.  With respect to the Digital Artwork, Art Content, Collection Content, Non-ContentFi Labs Artwork, Non-ContentFi Labs Content, Collection, or any other content or materials you upload through the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or otherwise have all necessary rights under applicable law to all materials incorporated in the User Content to engage in Transactions.
Disclaimer and limitation of liability
Disclaimer.  TRANSACTIONS, INCLUDING BUT NOT LIMITED TO INITIAL SALES, SECONDARY SALES, NON-CONTENTFI LABS ARTWORK SECONDARY SALES, LISTINGS, OFFERS, BIDS, ACCEPTANCES, AND OTHER OPERATIONS UTILIZE EXPERIMENTAL SMART CONTRACTS AND BLOCKCHAIN TECHNOLOGY, INCLUDING NON-FUNGIBLE TOKENS, CRYPTOCURRENCIES, CONSENSUS ALGORITHMS, AND DECENTRALIZED OR PEER-TO-PEER NETWORKS AND SYSTEMS. USER ACKNOWLEDGES AND AGREES THAT SUCH TECHNOLOGIES ARE EXPERIMENTAL, SPECULATIVE AND INHERENTLY RISKY AND MAY BE SUBJECT TO ERRORS, GLITCHES, TIMING ERRORS, HACKING AND THEFT, OR CHANGES TO THE RULES OF THE ETHEREUM BLOCKCHAIN PROTOCOL (I.E. "FORKS"), WHICH MAY ADVERSELY AFFECT SMART CONTRACTS AND MAY EXPOSE YOU TO THE RISK OF TOTAL LOSS, CONFISCATION OF YOUR DIGITAL CURRENCY OR DIGITAL ARTWORK, OR LOST OPPORTUNITIES TO BUY AND SELL DIGITAL ARTWORK. YOUR USE OF THIS PLATFORM IS AT YOUR OWN RISK. THIS PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT IF (A) YOU ARE UNABLE TO LOCATE OR USE YOUR LICENSE, (B) YOUR RIGHTS TO ANY DIGITAL ARTWORK, ARTISTIC CONTENT OR COLLECTIBLE CONTENT ARE TERMINATED OR (C) ANY THIRD PARTY CLAIMS ANY DIGITAL ARTWORK, ARTISTIC CONTENT OR COLLECTIBLE CONTENT AGAINST YOU, INCLUDING ANY CLAIMS OF INFRINGEMENT OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS, CONTENTFI LABS AND ALL INDEMNIFIERS WILL NOT BE LIABLE OR LIABLE TO YOU. CONTENTFI LABS EXPRESSLY DISCLAIMS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CONTENTFI LABS DOES NOT GUARANTEE THAT: (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS LIKELY TO BE OBTAINED USING THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCT, PLATFORM, INFORMATION OR ANY OTHER ITEM YOU PURCHASE OR OBTAIN THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

Risk of Smart Contracts.  “Digital Artwork” on the Platform refers to a non-fungible token that uses smart contracts on the Ethereum/Polygon/any other blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all Digital Artwork is outside of the control of any one party, including ContentFi Labs, and is subject to many risks and uncertainties. We neither own nor control MetaMask, Opensea, Looksrare, X2Y2, Blur, the Ethereum network, the smart contracts on which Collections (as defined below) are based (“Collection Smart Contracts”), your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You understand that your Ethereum/Polygon/any other blockchain public address will be made publicly visible whenever you engage in a Transaction on the Platform.

Non-Custodial.  While ContentFi Labs offers a marketplace for Digital Artwork, it does not buy, sell, or ever take custody or possession of any Digital Artwork. The Platform facilitates User collection of Digital Artwork, but neither ContentFi Labs nor the Platform are custodians of any Digital Artwork. The User understands and acknowledges that the Smart Contracts do not give ContentFi Labs custody, possession, or control of any Digital Artwork or cryptocurrency at any time for the purpose of facilitating Transactions on the Platform. You affirm that you are aware and acknowledge that ContentFi Labs is a non-custodial service provider and has designed the Platform to be directly accessible by the Users without any involvement or actions taken by ContentFi Labs or any third-party. ContentFi Labs facilitates Transactions between the Users on the Platform but is not a party to any agreement between any sellers, buyers, Creators, Collectors, and other Users. As a marketplace, ContentFi Labs cannot make any representation or guarantee that Creators or Users will achieve any particular outcome as the result of listing their Digital Artwork or engaging in any other Transaction on the Platform.

Limitation of Liability.  `YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTENTFI LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF VALUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS OF ANY DIGITAL ARTWORK (EVEN IF CONTENTFI LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING IN: (I) USE OR INABILITY TO USE THE PLATFORM; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON THE PLATFORM; OR (IV) ANY OTHER MATTER RELATED TO THE PLATFORM. IN NO EVENT SHALL CONTENTFI LABS' ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO CONTENTFI LABS DURING THE PAST SIX (6) MONTHS.

Risks of Beta Platform.  Certain features on the Platform may be offered while still in “beta” form (“Beta Platforms”). ContentFi Labs will utilize best efforts to identify the Beta Platforms by labeling on its Platform. By accepting these Terms or using the Beta Platforms, you understand and acknowledge that the Beta Platforms are being provided as a “beta” version and made available on an “as is” or “as available” basis. The Beta Platforms may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of the beta platforms, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Platforms.
Some jurisdictions do not allow disclaimers or exclusions of certain warranties, or limitations or exclusions of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to or be enforced against you. If you are dissatisfied with any part of the Platform or the terms of the Platform, your sole and exclusive remedy is to stop using the Platform.`,
Indemnification and release

You agree to release, indemnify and hold harmless ContentFi Labs and its affiliates and their officers, employees, directors and agents (collectively, "Indemnified Persons") from any and all losses, damages, expenses, including reasonable artorneys' fees, rights, claims, actions and injuries of any kind arising out of or in connection with your use of the Platform, any User Content, your connection to the Platform, your breach of these Terms, or your violation of any rights of others. You further agree that ContentFi Labs shall control the defense or settlement of any third party claim. Notwithstanding the foregoing, you are under no obligation to indemnify or hold harmless any indemnified person from any liability, loss, damage, or expense arising out of the indemnified person's gross negligence or willful misconduct.

Privacy
Your use of our Platform is subject to our Privacy Policy. Please read our Privacy Policy here.
General Provisions

These Terms constitute the entire agreement between you and ContentFi Labs and govern your use of the Platform and supersede any prior agreement between you and ContentFi Labs regarding the Platform. When you use affiliate or third-party services, third-party content or third-party software, you may also be bound by additional terms and conditions that may apply. These terms will be governed by the laws of the Republic of Singapore without regard to its conflict of laws provisions. As noted above, you and ContentFi Labs agree to submit to the personal and exclusive jurisdiction of the Republic of Singapore for any dispute or claim not subject to arbitration. ContentFi Labs' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, the parties still agree that the court shall endeavour to achieve the parties' intent as reflected in that provision, and the other provisions of these Terms shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arises, otherwise it will be forever prohibited. A printed version of this Agreement.