Creator Cabana – Fan Funding & Crowdfunding

Registration

First Name*

Last Name*

User E-mail* The e-mail you wish to use to register for FanBeach

Username* This is your user name. It is required. PLEASE: Pick it carefully. This will produce your vendor store url so keep it short and clean. Don't use your e-mail if possible because that will leave the address in your vendor url (and sadly it can't be changed). It can be different than your display name. Please see the Display Name field below for details.

Display Name Want your display name to be different than your username? Tell us here (not required).

Password* Enter your password here. It must be a minimum of 8 characters long. Please make it complex and a combination of letters, numbers and symbols.

Please repeat your password here.* Enter your password here. It must be a minimum of 8 characters long. Please make it complex and a combination of letters, numbers and symbols.

Website or Social Media Accounts Do you have a website or social media account you'd like us to see when considering your application? Please add it here. >> not required << NOTE: This field only accepts urls - please be sure you only add a url (web address - as in -->>> "http://something.com" ) as no other text is accepted.

PayPal E-mail If you wish to be paid via PayPal you can speed the process by providing your PayPal associated e-mail here now (not required).

Mailing Address* This is your mailing address as referenced in the Terms and Conditions and for any other legal or tax purpose. It is a required field. This is also the address where we will send any notices, documents or other messages, including if you opt for a check instead of electronic payments, your money, required by mail. Please double check for accuracy and include your name, address, zip or postal code, and country.

Country of Residence We need your legal country of residence for accounting purposes. This is a required field.

Bot Protection*

Terms & Conditions

FanBeach.com LLC Creator's Agreement & Terms of Service
Beta Test Interim Version

{You may wish to print a copy of this Agreement. Click into the box, select all, copy, then paste into your favorite word processing application for printing.}

FanBeach.com LLC ("FB" or "Us" or "Our" or "We") operates a worldwide store for creator donation and support, downloadable video, audio and photo (photography) content, and other media emerging as technology evolves. FB's customers pay to license content for personal use only, and, to donate one time, or on a subscription basis (recurring), and, for brand sponsorships, to support creators, from FB's websites (collectively, "FB Websites").

All references herein to "You" or "Your" means: the First and Last names (combined) You provided in the registration form on this page. In other words, the real person, for all legal and contractual purposes, You are, as linked to your government-issued IDs, tax reporting numbers, etc., as an individual. Subject to Our approval on review, but not issued herein, We may allow You to mean a corporate entity. But for all purposes herein You means You the living person unless and until that time.

The following Terms of Service ("TOS") is a legally binding, non-exclusive agreement between You and FB. Please read the TOS carefully and be sure You understand it fully. The TOS describes and controls Your legal relationship with FB, the rights You are granting to FB in any photographs, images, vectors, sounds, moving images, animations, films, videos, audiovisual works or any other media, together with any associated keywords, metadata and/or titles submitted by You to FB (collectively, "Content"), and the uses FB may make of the Content.

By submitting content to FB, You agree to all the terms in this agreement.

Notices

Notices relating to this agreement will be sent to FanBeach.com LLC, PO Box 3543, Ventura, CA 93006

Notices to You will be sent to: the "User E-mail" address You provide in the registration form on this page, and You expressly consent to receive any such notices via this method. If You wish to alter the Notices delivery address, please contact Us.

Overview

By submitting any Content to FB, You grant to FB a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, sublicense, sell, advertise and market any Content uploaded by You and accepted by FB, until this Agreement is terminated as herein provided. You also give permission to FB to add, modify or remove information related to Your Content in order to manage and license such Content.

You are granting FB the non-exclusive right to license and use Your submitted content.

You grant FB a worldwide, non-exclusive right to use Your name, display name and Content in connection with FB's marketing and promotional activities without the payment of any compensation to You. FB, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to You.

FB shall have the right, but not the obligation, to license all Content to its customers for use in accordance with license agreements entered into by FB, including but not limited to FanBeach.com Terms of Service License Agreements, incorporated herein by reference (collectively, "Licenses").

Ownership of Content

The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to FB. However, by submitting Content to FB, You expressly waive any artists' authorship rights or any droit moral that You would otherwise have under the laws of the State of California, or any other US State, United States Copyright Act or similar laws of any jurisdiction, so that customers may use Your Content in accordance with the Licenses issued by FB.

You always retain ownership in and to Your content.

Releases

Some content You submit may require releases, which You are responsible for providing.

You agree to provide valid and accurate model releases for all Content You contribute to FB that, in FB's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to FB for all Content that requires such releases, which determination shall be made in FB's sole discretion. All releases shall be electronically delivered to FB with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be accepted by FB in its sole discretion.

You agree that You are solely responsible for retaining all original releases and maintaining complete and accurate release records.

The submission of falsified, inaccurate or otherwise defective model releases is a material breach of the TOS. Releases submitted by You shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the FB releases We provide You on Your request. To download model and property releases, please send Us an e-mail for a copy of Our most recent version.

You agree that FB may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason FB deems reasonable in its sole discretion.

You agree that all Content submitted by You shall faithfully depict the subject and be accompanied by accurate titles and keywords.

You also understand and agree that certain Content may require an attestation of authority from a third party granting Contributor's right to record such Content (a "Credential").

You will provide FB evidence of such Credentials upon request.

Accounts

You agree to provide true and complete information relating to Your FB contributor account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content; Please make sure that information relating to Your FB account and content is true and complete.

By opening an FB account, You express Your consent to the FB Privacy Policy, which is incorporated herein by reference and governs FB's collection, processing, storage and transfer of the Content and data submitted by You, including data relating to You, Your account, Your Content or other information related to the foregoing ("Personal Data"). You agree that Your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than Your home jurisdiction.

Don't Do Unpleasant Things

No hate, no porn (or similar), no trolling, etc.

FB has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material, and, or, Your external behavior, that is obscene in nature, violent or that might be construed as defamatory, hate speech, anti-social, cruel or any other conduct deemed to bring FB's reputation into disrepute, in FB's sole discretion, and, or, conduct deemed to be failure to comply with FB's guidelines as may be amended from time to time, and, or, for any breach of the terms of this or any other agreement that You have with FB, or for convenience.

FB will terminate Your account no later than ninety (90) days following its receipt of a written request from You. For the sake of clarity, before the termination of Your account is made effective by FB, Your Content will remain available for license by FB customers. Notwithstanding the foregoing, in the event that FB materially modifies the TOS and does not provide You with prior notice, You may terminate Your account within thirty (30) days of the effective date of such modifications.

We may close Your account if You are doing something wrong. You can request that We close Your account at any time as well, which We will do within 90 days.

Creators must have active accounts: If Your account operates for a period of sixty (60) calendar days without any valid (fully paid, no charge backs, and, or, no refunds) retail transactions, and, or, for the same period, without any added items, it will no longer be considered active and will be closed by Us.

You may remove Content from Your account at any time, provided that in any ninety (90) day period, You remove no more than (i) 100 items of Content; and (ii) 10% of Your Content, whichever is greater.

If Your account is terminated for any reason, You must obtain written authorization from FB prior to establishing another account. You may not have more than one active contributor account at any time without the written consent of FB in each instance.

You may not hold more than one FB account, or share content with another FB account, without permission.

You may not submit identical Content to more than one account without the prior written consent of FB.

Prohibited Links

Linking to any third party website, and, or, affiliate program, and, or ecommerce platform from Your profile or any published items in Your account is prohibited unless it uses Our affiliate links (earning FB a commission). In all cases such links are subject to Our approval, which may be withdrawn at any time for any reason in Our sole discretion.

Allowed Links

Your personal website(s), not offering paid services or items for sale, and social media accounts are allowed.

Content

FB has the right to refuse to accept or to remove Content from the FB Websites for any reason. FB will remove Content if FB believes that such Content may (in FB's sole discretion) subject FB or any of its owners, officers, managers, directors or employees to legal action or if the Content violates the TOS, and, or, for convenience. Notwithstanding the foregoing and subject to FB's discretion, Content removed by You or opted out by You for any reason may be available for license to those customers that previously downloaded versions of the removed Content.

Minimum Pricing

FB has the right to establish a minimum price for any and all items You offer for sale, without any exclusion whatsoever, either as creator support (one time tips, and, or, subscriptions), and, or, downloads, or any other offering whatsoever. You agree to honor these minimum pricing guidelines, which FB has the right to change at any time in its sole discretion.

Removal of Items

FB shall use reasonable efforts to cause Content removed from or opted out from FB Websites to be removed from the websites of any FB affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the FB Websites.

Licenses issued by FB for any Content that is later removed from the FB Websites will remain in full force and effect.

If Your content is removed from FB, existing licenses for previously downloaded content will remain in effect.

FB may advertise and/or market Your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites in existence and those invented or created in the future, and the applications (so-called Apps and related technology developments) related thereto, without any payment or consideration payable to You.

Usage Restrictions

Unless You "opt out" (please contact Us to do so), FB shall have the right to license Your Content in accordance with a Premium License subscription (or the equivalent).

FB may license Your content for Premium License subscription uses unless You opt-out.

FB will not knowingly license Content for use in connection with matter that is pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.

Content Submission Guidelines

You agree to follow FB's Contributor Guidelines, which are deemed incorporated herein and made a part hereof by this reference. The submission of Content that does not adhere to FB's Contributor Guidelines may result in the termination of Your FB account.

You agree to contribute (i.e., initiate and submit for approval) no less than one (1) item (a fan tip or monthly subscription offer) and actively promote same to your audience in good faith within thirty (30) calendar days of execution of this Agreement.

You agree that failure to fulfill all of the contribution requirements above are grounds for termination of your account and this Agreement.

Compensation

FB shall pay You a Royalty for each unique purchase of fan funding or Content for which FB receives payment (and is not subsequently refunded or charged-back).

Royalty Exclusive of Any Tax or Fee

The Royalty is always exclusive of any sales tax, VAT, use tax or any other tax (or similar fee) that FB may be required to collect and pay to government entities in the USA or elsewhere in the world. For the purposes of clarity, this means if an item is sold at a price of $5.00 and VAT is added to that price in the amount of $.50, You are paid a Royalty based exclusively on the $5.00 price. Neither You nor FB split or otherwise retain such taxes or fees. Nothing contained in the paragraph herein in any way applies to separate issues pertaining to income tax which are addressed elsewhere in this document.

Fan Funding Creator Support & Brand Deal Royalties

FB shall pay You a royalty for each unique creator support (fan funding) or brand deal (sponsorship) payment made to the benefit of your account for which FB receives payment (and is not subsequently refunded or charged-back). The current royalty rates are 65%/35% (sixty-five percent/thirty-five percent) split with the 65% (sixty-five percent) paid to You and 35% (thirty-five percent) retained by FB.

Downloads of Digital Files Royalties

The current royalty rates are 65%/35% (sixty-five percent/thirty-five percent) split with the 65% (sixty-five percent) paid to You and 35% (thirty-five percent) retained by FB. If a customer downloads the same item of Content more than once, You will be paid once only.

All royalty payments and accompanying statements (provided in your creator dashboard only) will be issued monthly, on or about the 30th day of each month, for the purchases occurring in the calendar month 60 (sixty) days proceeding (January downloads are paid on or about March 30th, etc). This timeframe allows FB to accommodate possible charge backs and credit card fraud investigations without needing to clawback payments from You.

Payments are automatic and do not need to be requested as long as they meet the minimum threshold outlined below. There is no fee charged by FB to pay creators in the USA at this time, subject to change.

There is a minimum payout rate per accounting period of: i) Fifty-Five US Dollars (USD 55.00) for electronic payments; and ii) Five Hundred US Dollars (USD 500.00) for payment by check (the "Payout Minimums"). If during an accounting period, You haven't reached the Payout Minimums, Your compensation will be rolled over into the next accounting period. If You cancel Your account prior to accrued earnings in Your royalty account reaching the applicable Payout Minimum, You thereby forfeit such royalties.

If Your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, FB shall have the right to retain any royalties and/or other compensation otherwise payable to You hereunder as liquidated damages. You and FB agree that these liquidated damages are fair and reasonable and in no way a penalty or punitive in nature.

You may not use the FB service as a means of transferring Your Content to a single customer or to a small number of customers nor may You download Your own Content. Such activity constitutes a material breach of the TOS. If You engage in such activity, FB may avail itself of all rights it has hereunder, including but not limited to terminating Your account and/or retaining any accrued but unpaid royalties.

FB may recoup royalties paid to You in connection with refunds issued by FB by deducting applicable royalties credited to Your account. Credit card chargebacks will be treated in the same manner as refunded subscriptions.

If FB makes an overpayment of royalties or other compensation to You for any reason, FB shall have the right to deduct the amount of such overpayment from Your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.

If You receive Your payments through an online payment processing service (e.g., PayPal) You may not share Your online payment processing service account with another FB contributor. FB's obligation to make payment to You hereunder shall be fulfilled by making payment to the online payment processing service designated by You.

Taxes

If You are a "US Person" as defined by the Internal Revenue Service ("IRS"), a signed and completed IRS Form W-9 must be submitted to FB for FB to make payments to You. A W-9 is used to certify under penalty of perjury that Your social security number (or other acceptable tax ID number) is correct and that You are not subject to backup withholding taxes.

Foreign persons might be subject to U.S. income tax on income they receive from U.S. sources. If You are a "Foreign Person" as defined by the IRS, a signed and completed IRS Form W-8 (aka W-8BEN) must be submitted to FB in order for You to claim a reduced rate of, or exemption from, withholding as a resident of a foreign country with which the United States has an income tax treaty.

For more information, please contact Us or speak to a qualified tax professional.

FB Trademarks

For the purposes of the TOS, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by FB.

Nothing contained herein grants or shall be construed to grant You any rights to use any FB Trademarks.

You agree that You will not use FB's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or FB. Nor will You contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of FB Trademarks or the Trademark rights claimed by FB.

You agree that You will not use any FB Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without FB's prior written consent any word or mark which is similar to or likely to be confused with FB's Trademarks.

The look and feel of the FB Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of FB and may not be copied, imitated or used, in whole or in part, without the prior written consent of FB.

You may not frame or hotlink to the FB Websites or to any item of Content other than Your own without the prior written consent of FB.

All rights in and to FB's Trademarks not expressly granted to You hereunder are reserved by FB.

You hereby grant FB the right and authority to take such steps as FB deems commercially reasonable to protect FB's rights in the Content.

In the event that You believe Content has been misused, You shall take no action without providing notice of such misuse to FB and receiving FB's prior written consent to such action.

While FB takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, FB has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any Content.

You consent to FB's policies related to the Digital Millennium Copyright Act (DMCA) which are incorporated herein by reference. If FB receives a valid "Take Down" notice under the DMCA for content You submitted, You accept that FB will remove the content from the site(s) in a prompt manner and convey the notice to You for your response. You may wish to respond to the claimant. Regardless of your response, if FB deems it in its best interest, FB will either reinstate or remove the content permanently, in its sole discretion. Repeated valid claims against Your content under the DMCA is grounds for termination of your account.

Representations and Warranties

You represent and warrant that:

You have the full right, power and authority to enter into this agreement and to fully perform all of Your obligations hereunder.

You are under no legal disability or contractual restriction that prevents You from entering into this agreement.

You are at least 18 years of age.

The Content and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available.

If the Content contains pictures and/or video, You own or have acquired all rights to use such pictures and/or video from the owner of the copyright in such pictures and/or video.

If the Content contains sound recordings, music and/or lyrics, You own or have acquired all rights to use such sound recordings, music and/or lyrics from the owner of the copyright in such sound recordings, music and/or lyrics.

If the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by You permits You to incorporate such elements in Content created by You, and to license such Content to FB for the purposes set forth herein.

The Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.

You possess valid Credentials for each item of "Editorial" Content for which credentials may be required.

There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by You hereunder.

You will not transmit unsolicited e-mails or engage in so-called "spamming" to publicize or promote Your relationship with FB or the sale of Your Content.

You will not advertise or otherwise publicize Your relationship with FB, nor will You use FB's Trademarks through the use of search engine advertising and/or marketing, without FB's express written permission.

You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of FB and/or third parties. In addition to its other rights and/or remedies under the TOS, FB shall be under no obligation to pay You any compensation if You violate the terms of this subparagraph.

FB represents and warrants that:

It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder.

Upon making or learning of any claim that is inconsistent with any of the warranties or representations made by You, FB may send You written notice of such claim, using the e-mail address provided by You to FB, specifying the details of the claim as then known to FB.

Pending the determination of such claim, FB may withhold from royalties and/or other compensation due to You hereunder, such sums as are reasonably related to the probable value of the claim as determined by FB. You will cooperate fully with FB in the defense of any such claims. You may participate in the defense of any claim through counsel of Your selection at Your own expense.

Confidentiality

By submitting any Content to FB, You acknowledge that You will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

Indemnification

You agree to indemnify and hold FB, its owners, subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of Your representations or warranties or any of Your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.

FB shall indemnify and hold You harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of FB's representations or warranties or any of FB's obligations pursuant to the TOS. FB will only be liable for incidental, consequential, or special damages in the case of third party claims.

If FB is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for You, it shall require Your written consent, which You will not unreasonably withhold or delay. If You are the indemnifying party, FB shall have the right but not the obligation to assume control of any litigation.

When indemnification is sought due to a legal claim by a third party, the indemnified party shall:

Promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party, and:

Give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense.

Miscellaneous

The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.

The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersede any prior agreements with respect to such subject matter.

Representation of Comprehension of Document
In entering into this Agreement, You and FB respectively represent that it has relied upon the legal advice of its own attorneys/advisors, and that the terms of this Agreement have been completely read and explained to it by its attorneys/advisors, and that those terms are fully understood and voluntarily accepted by it. You and FB acknowledge this Agreement shall not be deemed to be prepared or drafted by one Party or another and waive the provisions of C.C.P. §1654.

The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine).

A material condition of the TOS is the agreement to arbitrate. Any and all disputes arising out of, under or in connection with the TOS involving Two Thousand Five Hundred One Dollars ($2,501) or more, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Ventura, California, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. You agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. You consent to service of any required notice or process upon You by registered mail or overnight courier with proof of delivery. Any dispute involving Two Thousand Five Hundred Dollars ($2,500) or less may be submitted without arbitration to the Small Claims Court of Western Ventura County. You shall pay all arbitration and court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of FB.

Any other legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of California in the County of Ventura or of the United States of America for the Southern District of California, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. You consent to service of any required notice or process upon You by registered mail or overnight courier with proof of delivery. You shall pay all court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of FB.

If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.

FB will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of Your Content or the termination of Your Contributor Account.

Please note that FB reserves the right to modify these terms at any time by an announcement on Your creator "dashboard" or via e-mail. You agree to be bound by all such changes. If You do not agree with any of the changes, please remove from FB, pursuant to the terms herein, all or that portion of Your Content to which You do not wish the changes to apply.

In the event that You breach any of the terms of this or any other agreement with FB, FB shall have the right to terminate Your account without further notice, in addition to FB's other rights at law and/or equity.

It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.

By submitting any content to FB You agree to be bound by this TOS, FB's Website Terms of Use, and FB's Privacy Statement, both of which are deemed incorporated herein by this reference.

FB & You expressly agree that this version of the Creator's Agreement is interim in nature and intended to cover the "Beta Test" period of operational development. You and FB expressly agree and acknowledge that You will replace this version with a future version and that You will negotiate any changes between these versions in good faith and with the understanding that time is of the essence in such negotiations.

By clicking the checkbox below next to the text which reads, "Please Confirm Your Agreement To These Terms," and then clicking the button labeled "REGISTER" below, You are indicating that the FanBeach.com Creator's Agreement & Terms of Service Beta Test Interim Version is agreed to and accepted effective this date in Ventura, California.

Please Confirm Your Agreement To These Terms

Once you click the "REGISTER" button below, a processing status overlay will appear for a little while. Please be patient. It may take a bit but it will securely submit your application. Thanks for your patience and interest!