Review the complete Creator Agreement, scroll to the end, complete every required acknowledgment, and type the same full legal name entered in Step 1.
1. Parties, Purpose, and Acceptance
1.1 Parties
This Creator Agreement (the “Agreement”) is between Enovatek LLC, a California limited liability company (“FanScenes”), and the individual who accepts this Agreement through the Platform (“Creator”). FanScenes operates FanScenes.com and related creator services.
1.2 Purpose
The Agreement governs Creator’s use of the Platform to publish, license, and monetize lawful adult content; interact with users; receive payments; and use connected services, including Creator’s assigned Microsoft OneDrive storage location.
1.3 Complete Review and Acceptance
Creator must be able to open, download, and retain the complete Agreement before acceptance. Creator accepts it by checking the designated acceptance box, typing Creator’s legal name, and selecting the clearly labeled acceptance control. FanScenes will retain an electronic acceptance record.
1.4 Incorporated Policies
The Content and Performer Policy, Payout Policy, Privacy Policy, Copyright/DMCA Policy, Community and Messaging Rules, and any later Verified Collaboration Policy expressly incorporated into this Agreement form part of the Agreement. A policy is binding only after it is made reasonably available to Creator and incorporated in accordance with Section 20.
2. Definitions
| Term | Meaning |
|---|
| Account | Creator’s individual FanScenes account, including associated verification, content, messaging, payout, and access records. |
| Content | Any photo, video, audio, text, livestream, message, thumbnail, preview, metadata, or other material submitted, selected, transmitted, or made available by Creator through the Platform. |
| Creator | The verified individual accepting this Agreement. A stage or public name does not replace Creator’s verified legal identity. |
| Fan | A registered Platform user who follows, views, communicates with, purchases from, tips, or subscribes to a Creator. |
| Net Revenue | Qualifying amounts actually received and retained by FanScenes from Creator-related transactions after the deductions listed in Section 10. |
| OneDrive Content | Content selected from the active Microsoft OneDrive account and folder assigned to Creator through the Platform. |
| Performer | Any person depicted engaging in or assisting another person to engage in sexual or sexually explicit conduct, and any other person for whom applicable law or FanScenes policy requires age, identity, or consent verification. |
| Platform | FanScenes.com, its WordPress services and plugins, creator tools, messaging features, connected storage, payment workflows, and related services operated by or for Enovatek LLC. |
| Subscriber | A Fan with active paid subscription access to a Creator. |
| Verified Creator | A Creator whose age, identity, account, tax, and other required onboarding information has been approved by FanScenes. |
| Verified Guest Performer | A future performer classification that may be introduced only after FanScenes adopts a separate attorney-reviewed onboarding and collaboration policy. |
3. Eligibility, Identity, and Territory
3.1 United States Only
Creator must be located in the United States and remain legally eligible to operate a content business and receive payments there. Creator must notify FanScenes before moving outside the United States. FanScenes may restrict or terminate access if it cannot lawfully support the new location.
3.2 Minimum Age
Creator must be at least eighteen (18) years old. Creator must not create an Account, post Content, earn money, or participate in any production through FanScenes before completing required age and identity verification.
3.3 Government Identification
Creator must provide valid government-issued photo identification and any additional reasonable identity evidence requested by FanScenes. The legal identity must match the Account, tax information, and payout information, except that Creator may use an approved stage name publicly.
3.4 Continuing Accuracy
Creator must keep legal name, address, email, tax, payout, and identity records accurate. FanScenes may require reverification after expiration of identification, material account changes, suspected compromise, or a safety or compliance review.
3.5 No Transfer
An Account is personal to Creator. Creator may not sell, lend, share, assign, or transfer it, allow another person to operate it, or permit another person to appear as Creator.
4. Creator Account and Platform Access
4.1 Account Use
Creator may use the Account only for lawful Creator activity authorized by this Agreement. Creator may maintain accounts and lawful businesses elsewhere, subject to the payment-circumvention, confidentiality, and data-use restrictions in this Agreement.
4.2 Assigned OneDrive Storage
Where enabled, Creator may select video only from the active OneDrive storage account and root folder assigned to Creator. Creator may not attempt to browse, select, retrieve, or link an item outside that assignment. Historical storage assignments may remain associated with earlier posts solely to preserve authorized playback and records.
4.3 Availability of Connected Content
Creator must not intentionally move, rename, replace, revoke, or delete OneDrive Content while Subscribers or purchasers retain paid access, except where removal is required for consent, safety, copyright, or legal reasons. Creator must promptly notify FanScenes of accidental loss or a storage-account problem.
4.4 No Circumvention
Creator must not bypass folder isolation, security controls, payment workflows, access rules, watermarks, moderation systems, or technical limits. Security research or testing requires FanScenes’ advance written authorization.
5. Creator Content: Ownership and License
5.1 Creator Ownership
As between Creator and FanScenes, Creator retains ownership of Creator’s original Content, subject to the rights of co-creators, performers, photographers, producers, music owners, and other rights holders. This Agreement does not transfer ownership of Creator’s Content to FanScenes.
5.2 Rights Warranty
Creator represents and warrants that Creator owns or has obtained every copyright, license, performer consent, privacy right, publicity right, and other authorization necessary to upload, monetize, and license the Content as contemplated by this Agreement.
5.3 Platform License
Creator grants FanScenes a nonexclusive, worldwide, royalty-free, transferable as part of a permitted business transfer, and sublicensable-to-service-providers license to host, store, reproduce, encode, transcode, format, watermark, create thumbnails and previews from, display, stream, distribute to authorized users, moderate, secure, investigate, and preserve the Content as reasonably necessary to operate the Platform, fulfill paid access, enforce rights, respond to disputes, and comply with law.
5.4 Promotional Use
FanScenes may use only promotional material that Creator specifically selects or separately approves for public advertising outside the Platform. FanScenes will not use full paid Content in outside advertising without separate permission. FanScenes may display approved previews and Creator’s public profile within the Platform.
5.5 Duration of License
The license continues while Content is available, while existing paid access must be provided, during the approved recovery and retention periods, and as reasonably necessary for backups, disputes, investigations, legal preservation, and enforcement. The operational license ends when the applicable Content is permanently deleted, except for copies lawfully retained for those limited purposes.
5.6 Watermarks and Technical Changes
FanScenes may apply visible or invisible watermarks, resize or compress media, extract technical metadata, and make other non-editorial technical changes needed for delivery, accessibility, moderation, security, and compatibility. FanScenes will not intentionally change the substantive meaning of Creator’s Content.
6. Performer Consent and Production Records
6.1 Every Performer Must Be an Adult
Every Performer must have been at least eighteen (18) years old on the original production date. Creator may not rely solely on appearance, a social profile, verbal assurance, or prior Platform use.
6.2 Verification Before Publication
Before Content involving any other Performer is posted or monetized, Creator must ensure that the Performer has completed the verification required by FanScenes and applicable law. FanScenes may prevent publication until the Performer and production records are approved.
6.3 Written Consent and Release
Creator must obtain a written, informed, and specific release from every Performer authorizing recording, publication, distribution, monetization, and the Platform license in Section 5. The release must identify the permitted production and material rights, and must be signed while the Performer is sober, capable of consent, and free from coercion.
6.4 Required Production Information
Creator must create, organize, protect, and retain all records required by applicable law, including as applicable the Performer’s legal name, date of birth, aliases or stage names, valid identification, original production date, title or unique identifier, copies of the depiction, and associated URL or Platform identifier. Records must be retrievable by Performer and Content identifier.
6.5 Federal Recordkeeping
Creator is responsible for determining and satisfying Creator’s duties as a primary producer or other regulated person under 18 U.S.C. §§ 2257 and 2257A and 28 C.F.R. Part 75. Creator must provide compliant copies or certifications to FanScenes when lawfully required. FanScenes’ verification does not replace the legal duties of a producer or custodian of records.
6.6 Consent Disputes
Creator must immediately report any claim that a Performer was underage, did not consent, exceeded agreed boundaries, was coerced, or withdrew or contests authorization. FanScenes may immediately restrict the Content and preserve evidence while the claim is reviewed. Existing paid access never overrides a legitimate safety, consent, or legal concern.
7. Prohibited Content and Conduct
7.1 Zero-Tolerance Categories
Creator must not create, upload, advertise, request, sell, message, or link to Content involving any of the following:
•A person under eighteen (18), a person whose age cannot be verified, or content designed to make an adult appear to be a minor.
•Nonconsensual intimate material, hidden-camera material, sexual exploitation, coercion, trafficking, blackmail, or extortion.
•A person who is unconscious, heavily intoxicated, incapacitated, or otherwise unable to provide informed consent.
•Unauthorized sexual deepfakes, face swaps, impersonation, or photorealistic AI-generated sexual content.
•Stolen, pirated, or otherwise copyright-infringing material.
•Doxxing, private identifying information, threats, harassment, or material intended to facilitate stalking.
•Bestiality, actual serious violence, or another illegal act.
•Malware, phishing, scams, fraudulent payment instructions, or instructions to bypass Platform security.
•Content prohibited by applicable law or by a binding payment-provider, hosting-provider, or infrastructure requirement communicated by FanScenes.
7.2 No Evasion
Creator may not disguise prohibited material through cropping, code words, links, archives, altered metadata, external storage, or private messaging. An attempt to evade detection is a separate material violation.
7.3 Reporting Duty
Creator must promptly report suspected underage content, nonconsensual content, trafficking, credible threats, stolen identity information, or other serious safety violations encountered through the Platform.
8. Verified Creator Collaborations
8.1 Launch Rule
At launch, an in-person production collaboration may involve only Verified Creators. Fans and Subscribers may not purchase, request, or attend an in-person meeting or shoot. A person who began as a Fan or Subscriber may participate only after separately completing every onboarding requirement applicable to a Verified Creator.
8.2 Future Guest Performer Program
FanScenes may later introduce a Verified Guest Performer program only after adopting a separate attorney-reviewed verification, consent, safety, and recordkeeping policy. Until FanScenes expressly activates that program, no person may participate under a “guest” exception.
8.3 Bona Fide Production
A collaboration must be a genuine, lawful recorded production—not payment for sexual access. Before production, the participants must document the date, participants, scope and boundaries, compensation or revenue division, content ownership, permitted distribution, and each person’s right to stop.
8.4 No Prostitution or Trafficking
FanScenes may not be used to offer, request, arrange, advertise, or pay for prostitution, escorting, trafficking, private sexual services, or a meeting whose purpose is sexual access rather than lawful content production.
8.5 Independent Arrangements
During the initial launch, FanScenes does not arrange transportation, hotels, studios, locations, or in-person logistics. Participants are independently responsible for applicable permits, workplace safety, exposure-control measures, insurance, releases, compensation, taxes, and producer records.
8.6 Safety and Consent
Every participant must be sober, capable of informed consent, and free to stop at any time. No agreement or payment waives a Performer’s boundaries or safety rights. Content may not be uploaded until all required participant and production records are complete.
9. Messaging, Privacy, and Off-Platform Activity
9.1 Platform Communication
Creator-to-Fan communication must remain within approved Platform tools. Creator must not post, send, request, exchange, or conceal a personal or business email address, a Fan’s email address, or another person’s email address in a profile, post, message, image, video, username, or altered text. Platform-generated support and legal addresses are excluded.
9.2 No Payment Circumvention
Creator must not redirect a FanScenes transaction to Zelle, Cash App, Venmo, PayPal, cryptocurrency, another subscription platform, a private payment arrangement, or any other method intended to avoid FanScenes’ revenue share, records, or payment protections. Creator may maintain and generally promote lawful public social accounts, but may not directly solicit off-Platform payment from a FanScenes user.
9.3 Subscriber Information
Usernames, messages, purchase history, subscriber status, email addresses, and other Fan information are confidential Platform information. Creator may use them only to provide authorized services through FanScenes and may not scrape, export, sell, share, or use them to contact Fans elsewhere without lawful permission and FanScenes authorization.
9.4 Prohibited Messages
Creator must not send threats, discriminatory abuse, harassment, spam, malware, phishing, deceptive payment requests, requests for passwords or complete financial information, nonconsensual intimate material, content involving minors, or another person’s private information.
9.5 Message Review and Retention
FanScenes may use automated or manual measures to review, restrict, and retain messages when reasonably necessary for moderation, consent and safety, fraud prevention, chargebacks, disputes, security, or legal compliance. Creator must not represent Platform messages as completely private or immune from lawful review.
9.6 Tips and Paid Requests
A tip is voluntary unless tied to a clearly described Platform feature. Creator must not use a false promise to obtain payment. Any custom-content request must remain on the Platform and comply with every content, Performer, consent, verification, and payment rule.
9.7 No Manipulation
Creator may not purchase Creator’s own Content to manipulate earnings, coordinate fraudulent subscriptions or chargebacks, use stolen payment information, artificially inflate fans, views, tips, or unlocks, create deceptive accounts, or impersonate another person.
10. Pricing, Revenue Share, and Net Revenue
10.1 Creator Pricing
Creator may select subscription and paid-content prices only within minimums, maximums, increments, product types, discounts, and promotional rules established by FanScenes. FanScenes may reject or correct a price that violates Platform or payment-provider requirements.
10.2 Net Revenue
“Net Revenue” means Creator-related amounts actually received and retained by FanScenes, less applicable taxes collected or payable, payment-processing fees, refunds, reversals, chargebacks, chargeback assessments, fraud losses, and other transaction-specific amounts that FanScenes is required to return or remit. Failed, fraudulent, or uncollected payments are not Net Revenue.
| Revenue calculation Creator Share = 50% of Net Revenue. FanScenes Share = 50% of Net Revenue. Net Revenue is calculated after the deductions identified in Section 10.2. |
|---|
10.3 Covered Transactions
Unless a separately accepted product term states otherwise, the 50/50 division applies to qualifying subscriptions, paid-post unlocks, video purchases, tips, and other Creator-related digital transactions processed by FanScenes.
10.4 No Guaranteed Revenue
FanScenes does not guarantee any subscriber count, purchase volume, tip, view, or earnings level. Account displays may show estimates before transactions mature and are reconciled.
11. Payouts, Holds, Taxes, and Records
11.1 Holding Period
Creator earnings remain pending for fifteen (15) days after the underlying transaction before becoming eligible for payout, subject to refunds, chargebacks, fraud review, reserves, and payment-provider availability.
11.2 Schedule and Minimum
FanScenes ordinarily processes eligible Creator payouts every two weeks. The minimum regular payout is one hundred dollars ($100). A valid eligible balance below $100 rolls forward until the minimum is reached. Processing dates may shift for weekends, holidays, investigations, or payment-system outages.
11.3 Payment Methods
Approved payment methods are Zelle and check, subject to availability and verification. Creator must provide accurate payment instructions. FanScenes may require re-verification before changing a destination or issuing a replacement payment.
11.4 Tax Information
Creator must provide a properly completed Form W-9 and correct taxpayer identification information before payout. FanScenes may issue Forms 1099 or other required tax documents, apply backup or other withholding required by law, correct tax records, and pause payouts while required information is missing, inconsistent, or invalid.
11.5 Reserves and Holds
FanScenes may hold the amount reasonably connected to expected refunds, chargebacks, fraud, taxes, payment-provider reserves, or a documented dispute. FanScenes should not hold an unrelated undisputed balance longer than reasonably necessary unless required by law or a payment provider. Holds will be reviewed periodically.
11.6 Statements and Errors
FanScenes will make reasonable payout and transaction information available to Creator. Creator must report a suspected statement or payout error promptly and provide supporting details. The parties will cooperate to correct verified errors.
12. Subscriptions, Paid Access, Refunds, and Chargebacks
12.1 Renewal Disclosures
FanScenes will display the price, billing frequency, automatic-renewal terms, cancellation method, access consequences, and applicable trial or promotional terms before obtaining subscription payment.
12.2 Cancellation
A Subscriber may cancel through an online Platform method without contacting Creator or an administrator. Cancellation ordinarily stops the next renewal and permits access through the already-paid billing period, unless access must end earlier for safety, fraud, illegality, or another nonwaivable reason.
12.3 Existing Paid Access
Creator must not deliberately remove or disable Content when doing so would deprive a user of access already purchased. FanScenes may preserve the post, Content reference, and historical OneDrive assignment for the authorized access period. This rule does not prevent removal required by consent, copyright, safety, or law.
12.4 One-Time Purchases
An unlock or individual purchase remains accessible while the purchaser’s Account is active, FanScenes continues the applicable service, the Content remains lawful and policy-compliant, and removal is not required for consent, safety, copyright, technical, or legal reasons. No purchase is advertised as “lifetime” or guaranteed permanent access.
12.5 Refunds
Digital subscriptions and purchases are generally nonrefundable after authorized access is delivered. FanScenes may issue a full or partial refund for duplicate or unauthorized charges, nondelivery, significant technical failure, a materially misleading description, removal for consent, copyright, or legal reasons, a refund required by law, or another reason FanScenes reasonably considers fair. Creator may not separately promise or issue a Platform refund without authorization.
12.6 Refund and Chargeback Allocation
A refund, reversal, or chargeback tied to Creator activity is deducted before Creator’s share is calculated. If already credited or paid, the applicable amount and transaction-specific processor assessment may be deducted from pending or future earnings. A negative Creator balance may carry forward. Creator will not be charged for a loss caused solely by a verified FanScenes billing error unless law or the payment provider requires a different allocation.
12.7 Dispute Cooperation
FanScenes controls responses to payment disputes. Creator must timely provide reasonably requested evidence. FanScenes may temporarily restrict the affected amount while the dispute is pending. Nothing in this Agreement prevents a consumer from exercising a nonwaivable billing-dispute right.
13. Independent Business Relationship and Expenses
13.1 Independent Platform Activity
The parties intend a lawful independent business and platform relationship to the maximum extent permitted by applicable law. Creator independently chooses whether, when, where, and how to produce lawful Content. FanScenes does not hire Creator to perform assigned scenes or complete required productions.
13.2 Creator Control
Creator determines Creator’s working hours, locations, lawful subject matter, collaborators, equipment, and production methods. Creator is not subject to a posting quota, fixed schedule, assigned shoot, minimum work requirement, or obligation to accept a Fan, Creator, or request. FanScenes may enforce Platform safety, consent, identity, security, payment, and content standards.
13.3 Creator Expenses
Creator is responsible for cameras, phones, computers, software, internet service, storage equipment, studios, locations, travel, clothing, supplies, collaborator compensation, permits, insurance, legal and tax advice, and other business expenses. FanScenes does not routinely reimburse expenses unless a separate written arrangement states otherwise.
13.4 No Benefits or Authority
To the extent Creator is lawfully classified as an independent business, Creator does not receive wages, overtime, unemployment benefits, workers’ compensation, health insurance, paid leave, retirement benefits, or other employee benefits from FanScenes. Creator may not sign a contract, make a promise, incur an expense, or otherwise bind Enovatek LLC.
13.5 Classification Controlled by Law
A label in this Agreement does not override applicable worker-classification law. If a government agency or court determines that Creator is an employee or holds another protected status, this Agreement does not waive nonwaivable rights associated with that status.
13.6 Taxes
Creator is responsible for reporting income and paying applicable federal, state, and local taxes, except amounts FanScenes is legally required to withhold or remit. FanScenes does not provide personal tax advice.
14. FanScenes Intellectual Property, Confidentiality, and Security
14.1 FanScenes Property
Enovatek LLC owns or licenses the Platform software, WordPress plugin code, workflows, page designs, databases, administrative tools, names, logos, graphics, documentation, and other FanScenes materials. Except for the limited access expressly granted, Creator receives no ownership right in those materials.
14.2 Limited Brand Use
Creator may use only approved FanScenes logos and promotional materials to truthfully identify an official Account. Creator may not modify the brand without permission, register a confusingly similar domain or username, claim ownership, imply endorsement of an outside product, or continue brand use after termination except for truthful historical reference.
14.3 Mutual Confidentiality
Each party must protect the other party’s nonpublic information using reasonable care and use it only for the relationship. Creator confidential information includes identification, legal name, address, tax and payout data, private Performer records, unpublished Content, and private communications. FanScenes confidential information includes source code, security and fraud controls, nonpublic financial and subscriber information, administrative procedures, and unreleased features.
14.4 Exclusions and Required Disclosure
Confidential information does not include information lawfully public without breach, independently developed without use of the information, or lawfully received from another source. A party compelled to disclose confidential information may do so, and when legally permitted should provide reasonable advance notice and limit disclosure to what is required.
14.5 Account Security
Creator must protect passwords and verification codes, use multifactor authentication when available, maintain accurate recovery information, log out of shared devices, and immediately report suspected compromise. Creator is responsible for knowingly authorized activity and losses caused by careless credential sharing, but not automatically for unauthorized activity caused by a verified FanScenes breach or circumstances outside Creator’s reasonable control.
14.6 Third-Party Services and Backups
The Platform depends on third parties, including hosting, WordPress, Microsoft OneDrive, messaging, and payment services. FanScenes cannot guarantee uninterrupted availability. Creator must retain Creator’s own original Content and legally required production records and must not treat FanScenes or OneDrive as the only permanent backup.
15. Moderation, Investigations, Suspension, and Appeals
15.1 Correctable Violations
For an ordinary correctable first-time violation, FanScenes may issue a written warning, identify the general rule involved, restrict the affected Content or feature, and ordinarily allow ten (10) days to correct it. FanScenes need not disclose confidential fraud-detection or security methods.
15.2 Emergency Action
FanScenes may immediately restrict Content, messaging, subscriptions, Account access, or payouts when it reasonably suspects a minor or unverified Performer, nonconsensual content, trafficking, prostitution, coercion, serious fraud, payment manipulation, a credible safety threat, a major copyright or privacy violation, account compromise, security intrusion, or destruction of evidence.
15.3 Investigation Cooperation
Creator must reasonably cooperate by providing relevant identification, releases, production records, communications, and transaction information. FanScenes will limit review to information reasonably related to the issue, protect sensitive investigation records, document material decisions, and periodically review restrictions and payout holds.
15.4 Evidence Preservation and Reporting
FanScenes may preserve posts, messages, OneDrive item references, payment records, verification records, access logs, and other evidence even after a deletion request. Preservation does not require public visibility. FanScenes may report suspected child exploitation, trafficking, threats, fraud, or unlawful conduct to service providers, the National Center for Missing & Exploited Children when applicable, or law enforcement.
15.5 Internal Appeal
Creator may submit one internal appeal within fourteen (14) days after notice of a suspension or termination decision. The appeal must explain the disputed decision and include supporting information. FanScenes will ordinarily respond within thirty (30) days. Emergency restrictions remain active during review, and when reasonably possible a person other than the initial decision-maker will review the appeal.
16. Term, Creator Closure, Termination, and Retention
16.1 Term
This Agreement begins when Creator electronically accepts it and continues until closure or termination, subject to provisions that survive.
16.2 Creator Closure
Creator may request voluntary closure by providing at least thirty (30) days’ written notice to legal@fanscenes.com or through an approved closure process. When closure is approved, FanScenes may stop new subscriptions while allowing existing Subscribers to use the remainder of their paid term.
16.3 Archive Instead of Immediate Deletion
On closure, FanScenes may archive the Account and disable login, posting, messaging, new subscriptions, and new OneDrive selections. Existing posts and OneDrive references may remain available only as needed for authorized paid access, disputes, refunds, chargebacks, and legal obligations.
16.4 Recovery Period
After existing Subscriber access and active disputes end, eligible Content enters a ninety (90)-day recovery period. During that period FanScenes may restore the Content or Account when appropriate. Afterward, eligible Content may be permanently deleted, subject to legal holds and required records.
16.5 FanScenes Termination
FanScenes may terminate for severe or repeated misconduct, including false age or identity information, content involving minors, nonconsensual content, trafficking, prostitution, repeated infringement, payment circumvention, serious fraud, repeated failure to maintain Performer records, threats, or material breach. An emergency termination may occur without a cure period.
16.6 Final Payout
A valid final Creator balance remains subject to the fifteen (15)-day hold, refunds, chargebacks, processor fees, taxes, reserves, and other amounts owed. After reconciliation, FanScenes will pay a valid final eligible balance even if it is below $100, using an approved method. Termination does not erase lawful deductions or a negative balance.
16.7 Long-Term Records
FanScenes may retain financial, payout, tax, identity, consent, fraud, copyright, safety, and legal records for the period required or reasonably necessary for compliance, defense, enforcement, and investigations. Records connected to a legal hold, report, dispute, chargeback, or investigation may be retained until the matter and applicable retention period end.
16.8 Survival
Final payment and deductions, existing paid access, content and record retention, confidentiality, intellectual-property ownership and necessary licenses, investigations, evidence preservation, indemnification, liability limitations, and dispute-resolution provisions survive as their nature requires.
17. Copyright Complaints and Repeat Infringers
17.1 Rights Warranty and Removal
Creator must not upload material without sufficient rights. FanScenes may remove or restrict disputed material, notify Creator, request evidence of ownership or permission, and take other action required by law or Platform policy.
17.2 Notices
Copyright notices should be sent to FanScenes’ designated copyright contact at legal@fanscenes.com and the mailing address in Section 20, and should include the information required by FanScenes’ published Copyright/DMCA Policy. FanScenes will publish any separately registered designated-agent details required for an applicable safe harbor.
17.3 Counter-Notices
Creator may submit a legally valid counter-notice when Creator has a good-faith basis to contest removal. FanScenes may provide the counter-notice to the claimant and restore material only when permitted by law and policy.
17.4 Repeat Infringers
FanScenes may suspend or terminate an Account associated with repeated copyright infringement or repeated submission of material without adequate rights, considering the circumstances and applicable law.
18. Disclaimers, Indemnification, and Liability Limits
18.1 No Earnings or Availability Warranty
To the maximum extent permitted by law, the Platform is provided on an “as available” basis. FanScenes does not guarantee earnings, subscribers, uninterrupted operation, acceptance of Content, prevention of unauthorized copying, or uninterrupted operation of OneDrive or another third-party service. Nonwaivable warranties and rights remain unaffected.
18.2 Platform Changes
FanScenes may update or discontinue features for security, legal, operational, or business reasons. FanScenes will provide reasonable notice of a material change affecting payouts, paid access, or Creator obligations when possible. No change will retroactively erase valid accrued earnings.
18.3 Creator Indemnification
To the extent permitted by law, Creator will defend, indemnify, and hold harmless Enovatek LLC and its lawful affiliates, managers, officers, employees, and service providers from third-party claims, damages, judgments, penalties, and reasonable costs arising from Creator’s Content; missing ownership, privacy, publicity, or Performer rights; false age, identity, consent, or tax information; unlawful shoots or meetings; Creator’s off-Platform conduct; or Creator’s material violation of this Agreement or law. FanScenes will promptly notify Creator and allow reasonable participation in the defense, while retaining control where its interests require.
18.4 FanScenes Intellectual-Property Indemnity
To the extent permitted by law, FanScenes will defend Creator against a third-party intellectual-property claim arising solely from Platform software or branding supplied by Enovatek LLC, and will pay amounts finally awarded or agreed in a settlement FanScenes approves. This protection excludes claims caused by Creator modifications, combinations, misuse, or continued use after notice.
18.5 Exclusion of Indirect Damages
To the maximum extent permitted by law, neither party is liable to the other for speculative lost profits, lost opportunity, loss of goodwill, or special, incidental, indirect, exemplary, or consequential damages arising from this Agreement, even if advised of their possibility.
18.6 Direct Liability Cap
To the maximum extent permitted by law, FanScenes’ aggregate ordinary direct liability to Creator arising from this Agreement will not exceed the FanScenes platform fees attributable to Creator during the twelve (12) months immediately preceding the event giving rise to the claim. The cap does not apply where prohibited by law, including applicable claims involving fraud, willful misconduct, intentional injury, or unlawful conduct.
18.7 Security Obligations
Nothing in this Section authorizes neglect of personal information or eliminates a nonwaivable privacy, data-security, breach-notification, or record-protection obligation.
18.8 Force Majeure
Neither party is responsible for unavoidable delay caused by a major infrastructure failure, natural disaster, government action, widespread cyberattack, payment-network outage, or comparable event outside reasonable control. This provision does not erase accrued payment obligations or required legal responsibilities.
19. Dispute Resolution, Arbitration, and Governing Law
19.1 Informal Notice
Before initiating arbitration or litigation, a party must provide written notice describing the dispute and requested resolution. The parties will have thirty (30) days to attempt good-faith informal resolution. Emergency relief, agency reports, and time-sensitive legal filings are excluded.
19.2 Individual Binding Arbitration
Except for the exclusions below and to the extent enforceable, an unresolved contract, payout, or Platform dispute will be resolved by individual binding arbitration administered by the American Arbitration Association (“AAA”) under the rules applicable to the nature of the dispute. If AAA is unavailable or declines administration, JAMS will administer under its applicable rules. Hearings may occur remotely unless the arbitrator determines an in-person hearing is necessary.
19.3 Remedies and Fees
The arbitrator may award the same individual remedies a court could award and will issue a written decision explaining the material findings and result. FanScenes will pay arbitration fees when required by applicable law or provider rules. Each party otherwise bears its own fees and costs unless a statute, rule, or award provides differently.
19.4 Arbitration Opt-Out
Creator may opt out of Sections 19.2 through 19.6 by emailing legal@fanscenes.com within thirty (30) days after first accepting this Agreement. The notice must identify Creator’s legal name and Account, state clearly that Creator opts out of arbitration, and be sent from Creator’s registered email. Opting out will not affect other Agreement terms.
19.5 Excluded Matters
Arbitration does not prevent an eligible small-claims case; emergency court relief involving safety, confidentiality, intellectual property, or unauthorized system access; a complaint or report to a government agency; workers’ compensation, unemployment, or another nonwaivable worker right; or a claim that applicable law says cannot be arbitrated.
19.6 Sexual Assault and Harassment Claims
Nothing in this Agreement requires predispute arbitration of a sexual-assault or sexual-harassment dispute when the claimant elects court or joint proceedings under applicable federal law. No confidentiality provision prohibits lawful reporting or disclosure protected by law.
19.7 Individual Proceedings
To the extent legally permitted, ordinary disputes will proceed only on an individual basis and not as a class, collective, consolidated, or representative action. If an individual-proceeding restriction is unenforceable for a particular claim, that determination will not invalidate the remainder of the Agreement.
19.8 Governing Law and Venue
California law governs this Agreement without regard to conflict-of-law principles, except that this choice does not eliminate a nonwaivable right provided by another applicable jurisdiction. For a dispute not required to be arbitrated and not eligible for small claims elsewhere, the parties consent to the state or federal courts with jurisdiction in San Joaquin County, California.
20. Notices, Amendments, Electronic Acceptance, and General Terms
20.1 Notices to Creator
FanScenes may deliver formal notices to Creator’s registered email, through a prominent Account-dashboard notice, or through internal Platform messaging. A material suspension, termination, payout, or Agreement-change notice will ordinarily be sent through both email and the dashboard. Creator must maintain current contact information.
20.2 Notices to FanScenes
Formal notices to FanScenes must be sent to legal@fanscenes.com and, when a physical notice is required, to: Enovatek LLC, 2806 N E St., SPC. 4, Stockton, California 95205, United States. An ordinary message to a Creator or administrator does not constitute formal legal notice.
20.3 Agreement Changes
FanScenes may amend this Agreement. Material changes will ordinarily receive at least thirty (30) days’ notice. A change to the revenue split, payout calculation, arbitration, Content license, or material Creator right requires new affirmative acceptance. FanScenes may make an immediate change reasonably necessary for law, safety, fraud prevention, payment-provider requirements, or security. No amendment retroactively erases accrued earnings or rewrites a completed transaction.
20.4 Electronic Records
The parties agree to use electronic records and signatures. FanScenes will preserve the accepted Agreement version and acceptance record in a form intended to remain accurate, accessible to authorized persons, and reproducible. Creator may request or retain a copy.
20.5 Assignment
Creator may not assign this Agreement or Account. Enovatek LLC may assign the Agreement as part of a legitimate merger, reorganization, financing, asset sale, or sale of FanScenes if the successor assumes applicable obligations. FanScenes will provide notice of a material transfer when required.
20.6 Order of Priority
If incorporated documents conflict, the following order controls: (1) a separately signed written amendment; (2) this Agreement; (3) the Payout Policy; (4) the Content and Performer Policy; and (5) other incorporated Platform policies, unless a legally required policy expressly states otherwise.
20.7 Entire Agreement
This Agreement and its expressly incorporated policies are the complete agreement concerning the Creator relationship and replace earlier oral or written promises on that subject.
20.8 Severability and Reformation
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or removed, and the remainder will continue unless doing so would fundamentally change the parties’ bargain.
20.9 No Waiver
A delay or isolated failure to enforce a provision is not a permanent waiver. A waiver must be express and applies only to the matter identified.
20.10 No Third-Party Beneficiaries
Except where the Agreement expressly protects another Performer, Subscriber, service provider, indemnified party, or permitted successor, it creates rights only for Creator and Enovatek LLC.
20.11 Headings and Interpretation
Headings aid readability and do not limit the text. “Including” means “including without limitation.” A singular term includes the plural when appropriate. No presumption against a drafter applies to an attorney-reviewed final version accepted by both parties.
The saved record includes the agreement version, effective date, text and HTML integrity hashes, required acknowledgments, legal-name signature, date, time, provisional application relationship, and security audit details.
