FAMBASE TERMS OF USE
Last Updated, May 13, 2024 Welcome to Fambase (the "Platform"), which is provided by NEXTWAVE MEDIA HOLDINGS LIMITED. or one of its affiliates ("Fambase", "we" or "us"). Fambase provides more private group chat services, voice and video services, and other services to users.
These Terms of Use ("Terms") apply to your access to and use of the websites (www.joinfambase.com), mobile applications, and other online products and services (collectively, the "Services"). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, the Privacy Policy, and the Community Guidelines (which encompass any additional guidelines and future modifications). If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at CONTENT
1. Privacy
2. User Accounts and Account Security
3. Communications
4. User Content
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is "Your Content." All of Your Content is your sole responsibility and Fambase is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting, or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. You must ensure that all information you provide is original or properly authorized and does not infringe upon the copyrights, trademarks, or any other rights of third parties. Failure to do so may result in actions including but not limited to deleting your avatar, disabling your posts' images and videos, or in extreme cases, suspending your account. In addition, when hosting live streams within the group, you are responsible for ensuring that all participants meet the age requirement of 18 years or older. Non-compliance may lead to restrictions on your live-streaming capabilities, group bans, and account suspension. 5. Prohibited Conduct
You may not violate the Fambase Community Guidelines, any applicable law, contract, intellectual property right, or other third-party rights, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not: - Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Fambase;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell, or commercially use our Services;
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms and/or the Community Guidelines.
6. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, software, functionality, and other content contained therein, are owned by Fambase or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. 7. Trademarks
Fambase and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of Fambase and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All third-party trademarks, registered trademarks, product names, company names, or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us. 8. Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Fambase or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Fambase's sole discretion. You understand that Fambase may treat Feedback as nonconfidential. 9. Repeat Infringer Policy; Copyright Complaints
10. Third-Party Content
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Fambase does not control or endorse and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. 11. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Fambase, our parent companies, subsidiaries, licensors, service providers, our and their affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the "Fambase Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms or the Community Guidelines; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Fambase Parties of any third-party Claims, cooperate with Fambase Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Fambase Parties will have control of the defense or settlement, at Fambase's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fambase or the other Fambase Parties. 12. Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Fambase does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Fambase attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 13. Limitation of Liability
14. Release
To the fullest extent permitted by applicable law, you release Fambase and the other Fambase Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. 15. Transfer and Processing Data
Fambase is a global social app operating through servers located in a number of countries around the world, including the United States. In order for us to provide our Services, you agree that we may process, transfer, and store information about you on Amazon Web Services in the United States and other countries/areas, where you may not have the same rights and protections as you do under local law. 16. Dispute Resolution; Binding Arbitration
17. Fee
You must follow and comply with the rules of the platform you participate in. Failure to do so may result in a temporary or permanent ban from Fambase or the removal of certain Virtual Goods. In such instances, you might lose the benefits of Virtual Goods or other services. Again, there are no refunds. Should you initiate a chargeback or request a refund following the consumption of certain virtual goods, we reserve the right to suspend or terminate your user account. 18. Peer-to-Peer (P2P) Transaction Guidelines (Applicable to both Users and Creators):
- All P2P transactions must comply strictly with relevant legal regulations and must not involve any illegal activities.
- Participants engage in P2P transactions at their own risk. The platform does not verify the validity of transactions or the legality of participant actions.
- Any disputes related to P2P transactions are exclusively the responsibility of the participants involved; the platform will not intervene or mediate in such disputes.
19. Payout to Creators:
Withdrawals: - A minimum account balance is required to withdraw Creator Earnings from your Fambase account.
- In cases where a User successfully obtains a refund or chargeback from their providers regarding a payment made to you, we reserve the right to conduct an investigation and may deduct an amount equivalent to the refunded or charged-back Creator Earnings from your account.
- If there is suspicion that you have significantly or repeatedly violated our Terms of Service;
- If you attempt or threaten to violate the Terms of Service in a manner that could have severe repercussions for us or other users, including potential or actual losses; or
- If we suspect that the Creator Earnings were generated from illegal or fraudulent activities, either by you or the User involved in the transaction.
- We may also retain any part of your Creator Earnings if legal claims affect your earnings, such as secured interests or liens, until these are resolved.
- We are not obligated to compensate you for earnings withheld or forfeited when justified by these terms.
- If some of the withheld Creator Earnings are deemed unrelated to any breaches or unlawful activities, we may process payment for those unaffected portions.
- Upon concluding our investigation, if it's determined that certain earnings are to be forfeited, and where legally permissible, we will endeavor to refund the associated User Payments to the respective Users.
20. Terms Modification
We may modify the Terms for the Platform at any time, with or without prior notice to you, under the following conditions: - Compliance with Laws and Regulations: We reserve the right to amend the Terms to accurately reflect changes in laws, regulations, and regulatory requirements that apply to the platform and its services. Such modifications will be made as necessary when legal and regulatory developments do not permit us to provide advance notice.
- Security Measures: If we deem it necessary to mitigate unforeseen and immediate threats to the security of our platform, including but not limited to fraud, malware, spam, data breaches, and other cybersecurity concerns, we may alter the Terms accordingly to maintain the integrity and safety of the Platform's operations for our Users and Creators.
- General Updates: Apart from the above circumstances, we may also undertake other revisions or amendments to the Terms. When possible, we will provide you with reasonable notice of these changes via email or through notifications on the Platform. This will allow you to review the changes and make an informed decision on whether to continue using the Platform under the new Terms.
21. Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the choice of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in Hong Kong. The language of the arbitration shall be English. 22. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. 23. Severability
If any provision or part of a provision of these Terms is unlawful void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 24. Miscellaneous
The failure of Fambase to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Should you have any questions or concerns regarding the modification of these Terms, please reach out to us at