Terms of Service | FameCards

1. Agreement to Terms

By accessing or using FameCards ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use the Service.

FameCards is operated by Ngn Malta Ltd, a company registered in Malta. These Terms constitute a legally binding agreement between you and Ngn Malta Ltd.

2. Description of Service

FameCards is a platform that enables content creators to transform their content into digital collectible card packs, and allows fans to purchase, collect, and enjoy these digital collectibles.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Age Requirements

To access certain features of the Service, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement.

Creators must be at least 18 years of age and must verify their identity through our verification process before being able to upload or publish any content on the platform. This verification includes the review and validation of a government-issued identification document.

4. Creator Content and License

As a creator on FameCards, you retain full ownership of the content you upload. However, by uploading content to our platform, you grant Ngn Malta Ltd a worldwide, non-exclusive, royalty-free license to:

Host, store, and display your content on the platform
Distribute your content to users who purchase your card packs
Create derivative works necessary for the Service (thumbnails, card formats, previews)
Use your content for promotional purposes related to the platform

You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to upload and distribute your content, and that your content does not infringe upon any third-party rights.

By becoming a Creator on FameCards, you enter into a binding Creator Agreement with Ngn Malta Ltd. This agreement specifically requires you to:

Comply with all applicable laws and the standards set forth in these Terms
Ensure you have all necessary rights and permissions to upload and distribute your content
Obtain consent from any identifiable individuals appearing in your content
Understand that failure to comply with these obligations may result in immediate account termination, content removal, and potential legal action

5. Prohibited Content and Conduct

FameCards has a zero-tolerance policy for the following categories of content. You agree not to upload, post, or transmit any content that:

Violates any applicable law or regulation
Infringes on intellectual property rights of any third party
Constitutes, depicts, or relates to child sexual abuse material (CSAM) or any exploitative depiction of minors
Depicts or appears to depict minors in any inappropriate context
Contains non-consensual content depicting identifiable individuals
Contains AI-generated or manipulated content depicting real individuals without their consent
Promotes or facilitates human trafficking, forced labor, or any form of exploitation
Depicts extreme violence or abuse against real individuals
Contains viruses, malware, or other harmful code
Is fraudulent, deceptive, or misleading
Promotes violence, discrimination, or illegal activities

You also agree not to:

Use automated systems or bots to access the Service
Attempt to gain unauthorized access to any part of the Service
Interfere with or disrupt the integrity or performance of the Service
Harass, abuse, or harm other users
Impersonate any person or entity

We reserve the right to remove any content and terminate any account that violates these terms, without prior notice and at our sole discretion. Any content suspected of constituting CSAM or involving minors will be immediately removed and reported to the relevant authorities, including the National Center for Missing & Exploited Children (NCMEC) or equivalent local organizations. We fully cooperate with law enforcement in the investigation of any illegal content.

6. Content Moderation and Reporting

FameCards is committed to maintaining a safe platform. We employ the following content moderation measures:

Automated content screening tools to detect prohibited material before and after publication
Human moderation review for flagged or reported content
Regular content audits to ensure ongoing compliance with our policies
Proactive monitoring for prohibited content categories

Users can report content that they believe violates these Terms through our in-app reporting tool available on all profiles, cards, and collections. Reports can also be submitted via email at abuse@famecards.app.

We commit to the following response times for reported content:

Content involving potential CSAM or minors: immediate removal upon detection, within 24 hours of report
All other prohibited content: review and resolution within 7 business days of report

Individuals depicted in content on the platform may request removal of their likeness at any time by contacting abuse@famecards.app. Such requests will be processed promptly.

We maintain records of all reports received, actions taken, and resolution outcomes for compliance purposes.

If a person depicted in content disputes the validity of consent, and the Creator disagrees, the dispute will be submitted to a neutral third-party arbitration body for resolution, at the expense of Ngn Malta Ltd. Pending resolution, the disputed content will be temporarily removed from the platform.

FameCards cooperates with regulatory authorities and payment networks as required by applicable law and industry standards.

7. Purchases and Payments

For Collectors: All purchases of card packs are final and non-refundable. The contents of card packs are randomly determined at the time of opening. We make no guarantees regarding the specific cards you will receive in any pack. Prices are displayed in the applicable currency at checkout. A fixed platform fee of 0.99 is applied to all purchases, in the same currency as the pack.

For Creators: Creators receive 80% of each sale made through the platform (20% platform fee). Payouts are processed according to our payment schedule and are subject to minimum payout thresholds. You are responsible for any taxes applicable to your earnings.

We use third-party payment processors to handle transactions. By making a purchase or receiving payouts, you agree to the terms and conditions of these payment processors.

8. Refunds, Chargebacks and Disputes

All purchases are final. Due to the digital nature of our products and the randomized content of card packs, we do not offer refunds except where required by applicable law.

In accordance with EU Directive 2011/83/EU on consumer rights, you expressly consent to the immediate provision of digital content upon purchase and acknowledge that you thereby waive your 14-day right of withdrawal. By completing a purchase, you confirm that you understand and accept that no cooling-off period applies to digital content that has been accessed or downloaded.

Chargebacks: If a collector initiates a chargeback or payment dispute, we reserve the right to suspend the collector's account pending investigation. Fraudulent chargebacks may result in permanent account termination.

For Creators: In the event of a chargeback or refund on a purchase, the corresponding amount will be deducted from the creator's balance. Any associated dispute fees charged by payment processors may also be passed on to the creator if the chargeback is related to their content.

9. Digital Collectibles

Cards purchased on FameCards are digital collectibles that grant you a limited, non-exclusive, non-transferable license to view and display the cards within the platform for personal, non-commercial use.

You acknowledge that:

You do not acquire any ownership of the underlying intellectual property
Cards may not be resold, transferred, or traded outside the platform without authorization
Your access to cards is dependent on the continued operation of the Service
We do not guarantee any future value or utility of digital collectibles

10. Copyright and DMCA

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on FameCards infringes your copyright, please contact us at contact@famecards.app with the following information:

A description of the copyrighted work you claim has been infringed
The location of the infringing material on our Service
Your contact information (name, address, email, phone number)
A statement that you have a good faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

We may remove or disable access to infringing content and may terminate accounts of repeat infringers at our sole discretion.

11. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, or extended periods of inactivity.

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service will immediately cease.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY CONTENT UPLOADED BY USERS OF THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NGN MALTA LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Ngn Malta Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your content, or your violation of these Terms.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Malta.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify users by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

17. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. These Terms constitute the entire agreement between you and Ngn Malta Ltd regarding the Service.

All marketing and promotional activities conducted by Ngn Malta Ltd are designed to comply with applicable laws.

18. Contact and Legal Information

If you have any questions about these Terms of Service, please contact us at:

General inquiries: contact@famecards.app

Content reports and abuse: abuse@famecards.app

Ngn Malta Ltd — Company Registration: C86301 — VAT: MT25226505 — Registered office: Workplace Malta, St. George's Business Complex, Ground Floor, Elija Zammit Street, San Ġiljan, STJ 3151, Malta