Terms of Service
Last Update: 20.02.2024
INTERPRETATION
In these terms and conditions, the following terms have the following meanings:
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). This contract sets out your rights and responsibilities by which you abide when registering with and using FansyMe. If you do not agree with these Terms or do not comply with its provisions, you must not access or use FansyMe. We may change these Terms on one or more occasions. You can see the latest change stated at the top of the page. Ongoing disputes will not be affected by these changes if they happened before the posted changes. FansyMe will try to notify you when changes to these Terms are made, but does not assume an obligation to do so. If you continue to use FansyMe after changes to the Terms have been made, you agree to the revised agreement. If you choose to disagree you must stop using FansyMe.
FansyMe reserves the right to modify or change the Terms of Use at its sole discretion and at any time. Any modification or change to these Terms of Use will be effective immediately upon posting. In the event of material changes, FansyMe will notify you through the Service or via electronic mail. The determination of what constitutes a material change or modification will be made by FansyMe using reasonable judgment and common sense.
By continuing to use the FansyMe platform and accepting payment, the Creator acknowledges their understanding and acceptance of these Terms.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
2. LICENSE
2.1 License Grant: FansyMe hereby grants you a nonexclusive, nontransferable, non-sublicensable licence to access the Website and its content for your personal and noncommercial use in accordance with this agreement. By “access”, FansyMe means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
2.2 Licence Restrictions:
The licence granted in section 2.1 does not include any of the following:
Your licence to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and FansyMe only authorises you to use your copy in accordance with this agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorised by this agreement will terminate the licence granted here. Unauthorised use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in this agreement should be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. FansyMe may revoke this licence at any time.
3. FANSYME’S INTELLECTUAL-PROPERTY RIGHTS
3.1 Ownership of Website: Unless otherwise indicated in this agreement or on the Website, the FansyMe owns or has a licence to use: (a) the Website, including its past, present, and future versions; (b) all web pages found within the Website; (c) all the material and information on the Website; (d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and (e) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
3.2 Trademarks: FansyMe’s name, logos, domain names, and the term FANSYME, are FansyMe’s trademarks, and must not be copied, imitated, or used, in whole or in part, without FansyMe’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of FansyMe, and must not be copied, imitated, or use, in whole or in part, without FansyMe’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with FansyMe, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to FansyMe and its licensors, without advanced written permission from FansyMe or the third party who may own the mark.
4. ACCOUNTS
4.1 Fans: To register an account with FansyMe as a Fan, you must provide a valid email address, username and password. If you desire to purchase content or subscribe to creators, you will need to add a valid payment method. FansyMe does not store any payment information.
4.2 Creators: You must complete the registration process by providing FansyMe with accurate information as prompted by the applicable registration form. You must be approved by the Company in our sole and absolute discretion. If you desire to sell any content on FansyMe, you will need to be verified proving your age (must be 18 years) by providing government documentation and adding a verified bank account and/or other payout methods provided.
Furthermore, by signing up as a creator on FansyMe, you acknowledge and agree that you must have proper work rights in the country you are located. This includes, but is not limited to, possessing valid work permits or visas, if applicable. You are responsible for ensuring that you have the necessary legal permissions to engage in the activities offered on FansyMe. This may include obtaining tax identification numbers and complying with local tax laws and regulations.
FansyMe reserves the right to verify your compliance with these requirements at any time and may request additional documentation or information to confirm your eligibility to use the platform as a creator. Failure to comply with these requirements may result in the suspension or termination of your account without prior notice.
By continuing to use FansyMe as a creator, you affirm that you have read, understood, and agree to abide by these terms regarding registration, verification, and compliance with work rights and legal obligations.
4.3 User Certifications: By registering and creating an account on FansyMe, you represent and warrant that:
4.5 Account Security: FansyMe cares about the integrity and security of your personal information. But FansyMe cannot guarantee that unauthorised third parties will never be able to defeat the Website’s security measures or use any personal information you provide to FansyMe for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. FAN/CREATOR TRANSACTIONS:
The following provisions outline the terms governing transactions between Fans and Creators:
All interactions and transactions between Fans and Creators are independent agreements. While we provide the FansyMe platform and store Content, we are not a party to the Standard Contract or any other agreements between Fans and Creators, and we assume no responsibility for such transactions.
Creators have the sole discretion to determine the pricing for Fan/Creator Transactions within the FansyMe pricing parameters and the Content accessible to Fans. All prices are denoted in USD.
Fan Payments do not include VAT, which will be added at the applicable current rate (if applicable).
To engage in a Fan/Creator Transaction with a specific Creator, you must first add a payment card to your account or add funds to your wallet and then click the "Subscribe" button on the Creator's profile.
By providing your payment card details, you authorise us and our subsidiary companies to share the information with a third-party payment provider for processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may impose currency conversion fees, for which we have no control or responsibility.
Subscriptions / Periodic Payments
The payment provider will initiate periodic payments from your payment card for Subscription-based Fan Payments and immediate payments for other types of Fan Payments (including Pay-Per-View and tips to Creators). You authorise and consent to the debiting of these payments using your provided payment card details.
Except for free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the subscription period, unless your payment card is declined, the Subscription price has increased, or you have cancled the Subscripton on the Creator's profile.
If you cancel a Subscription, you will retain access to the relevant Creator's Content until the end of the subscription period in which you canceled. Subsequently, no further payments will be deducted from your payment card for subscriptions to that Creator's profile (unless you choose to purchase a new Subscription), and you will no longer have access to the relevant Creator's Content.
Refunds
You agree not to make unjustified refund requests for any Fan/Creator Transaction or tip to a Creator. Tips are considered final and non-refundable. You also agree not to initiate unwarranted chargebacks with your payment card provider concerning such transactions. If we determine that you made a refund or chargeback request in bad faith, we reserve the right to suspend or delete your User account.
Wallet Credits
Suspension or deletion of the Creator's account.
Suspension or deletion of the Fan's account.
Temporary unavailability or inaccessibility of the FansyMe site.
Inability of the Creator to create or upload Relevant Content in the future.
In the case of a user's violation of the stipulated terms and conditions, we retain the sole right to suspend the account without any entitlement to refunds or restitution for any completed or pending transactions.
6. PAID SERVICES
6.1 In General: The Website is a social media platform that lets you subscribe to an creator’s profile or third-party social media account to view the creator’s photos, videos, and posts as well as to interact with the creator in exchange for a one-time or recurring fee. Creators set their own pricing. It is your responsibility to check the price before subscribing or making a purchase. Unless the payment page indicates otherwise, pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. FansyMe does not provide price protection or refunds in the event of a price reduction or promotional offering.
6.2 Payment: You must prepay for any subscription that you order. FansyMe accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with FansyMe or a third party, that governs your use of a given payment method. FansyMe will charge your credit card or other form of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
6.3 Recurring Billing: If you purchase any automatically renewing subscriptions, you hereby authorise FansyMe or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and FansyMe is unable to charge you on the next billing period, FansyMe may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, FansyMe may cancel your subscription.
6.4 Taxes: If FansyMe is required to collect or pay any taxes in connection with your purchase of a subscription, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
6.5 Billing Errors: FansyMe will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify FansyMe promptly. If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, FansyMe has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify FansyMe of the error within three months after you receive the bill in which the error first appears. You hereby release FansyMe from any liability for any error that you do not report to FansyMe within three months after you receive the bill in which the error first appeared.
6.6. Unused Credit: Unused credits purchased by the user will be refunded in compliance with applicable local consumer protection laws, provided that the credits have not been used for any purchases such as pay per view, subscription, pay per message, video chat, or similar services. Additionally, if local consumer protection laws do not apply, the credits cannot be redeemed for cash or any other form of compensation. Furthermore, if the user requests the deletion of their account, they forfeit any rights to the unused credits.
7. USER CONDUCT
You must not engage in any of the following prohibited activities:
7.1. Messaging Platform Restrictions
Promoting competitors and attempting to sell content through any platform or medium is strictly prohibited under our terms and conditions. This includes any attempts to direct our users towards competing products or services or actively advertising alternative offerings through messaging channels, social media platforms, email, or any other means of communication.
Our platform is intended solely for the promotion and sale of our own products and services, and any attempts to use our platform to promote third-party products or services will result in immediate termination of your account. We reserve the right to take legal action against any individual or entity found to be in violation of this policy.
7.2. Creator Obligations for Truthful Advertising
a) Prohibited Uses: You agree that you will only use FansyMe for the purposes permitted by the Terms. You may not use FansyMe for any other purposes without our prior written consent. Without our prior written authorisation, you will not:
Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorised use of FansyMe, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorised use of FansyMe or our computer systems violates these Terms and certain international, foreign, and domestic laws.
c) Additional Prohibited Uses for Creators:
Creators must act in the best interests of the Company at all times, whether on FansyMe, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from FansyMe. If you are a Creator, you will not, without our express prior written authorization:
If you are aware of any content on FansyMe or any User engaging in activities that violate these Terms, please email us at support@fansyme.com with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.
e) Law Enforcement:
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
10. TERMINATION
FansyMe reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
You acknowledge and agree that FansyMe shall not be held responsible or liable for any modification, suspension, or discontinuance of the Services or any part thereof.
12. LIMITATIONS
In no event will FansyMe be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not FansyMe has been informed of the possibility of damage.
FansyMe shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the website.
13. INDEMNIFICATION
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify FansyMe from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
14. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
15. GDPR
This GDPR policy ensures FansyMe:
Under the GDPR, the data protection principles set out the main responsibilities for us. Article 5 of the GDPR requires that personal data shall be: (a) Processed lawfully, fairly and in a transparent manner in relation to individuals; (b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; (d) Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; (e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; (f) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
15.2 Lawfulness of processing conditions:
Under the GDPR, there is a requirement to have a valid lawful basis in order to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR: (a) Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose (b) Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract (c) Legal obligation: processing is necessary for compliance with a legal obligation (d) Vital interests: processing is necessary to protect the vital interests of a data subject or another individual (e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (f) Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
15.3 Your rights under the GDPR:
The GDPR provides the following rights for individuals:
1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object;
8. Rights in relation to automated decision making and profiling.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be construed in accordance with the laws in Germany, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
17. LINKS FROM THE WEBSITE
The site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practises of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the site, you expressly relieve us from any and all liability arising from your use of any third party website.
18. SEVERABILITY
Any part, provision, representation or warranty of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
19. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
20. COMPLAINTS POLICY
This document sets out our complaints policy. If you are a FansyMe User, this Complaint Policy is part of your agreement with us.
1. Who can use this Complaints Policy:
Complaints can be made whether you are a user of FansyMe or not. You can report any content or user profile that may be illegal or otherwise violates our Terms.
2. How to make a complaint:
If you want to file a complaint that concerns a User’s Content or the conduct of a User on FansyMe, please send your complaint to complaints@fansyme.com. Please include your full name, email address, a description and the nature of your complaint. Please also provide us with the URL. Alternatively you can use the buttons on each post and FansyMe profile to report to us directly.
3. How do we deal with complaints:
After we receive your complaint(s) of illegal or non-consensual Content we will:
After the decision has been made, we will allow you to appeal the decision within 24hrs.
4. How we deal with copyright infringment:
Complaints related to copyright infringments must be submitted in accordance with our DMCA Policy.
5. Unjustifiable or abusive complaints:
If you are a User of FansyMe, you warrant that you will not make any unjustifiable or abusive complaints. If you breach this warranty we may suspend or terminate your User account.
21. SEVERABILITY CLAUSE
If any provision of this contract is or becomes invalid or unenforceable, it shall not affect the validity of the remaining provisions of the contract.
A severability clause is a standard provision in contracts that helps to protect the enforceability of the agreement in the event that one or more provisions of the contract are found to be invalid or unenforceable. This clause states that if any provision of the contract is found to be invalid or unenforceable, the rest of the contract will remain valid and enforceable.
In other words, if a court or other legal authority determines that a particular provision of the contract is unenforceable, the other provisions of the contract will remain in effect and enforceable. This can help to avoid the entire contract being invalidated due to the invalidity of a single provision.
It is important to include a severability clause in a contract because it provides a safeguard against unexpected changes in the legal landscape that could impact the enforceability of certain provisions. Without a severability clause, the entire contract could be deemed unenforceable if one provision is found to be invalid or unenforceable.
In summary, a severability clause is a standard provision in contracts that helps to ensure that the validity and enforceability of a contract are preserved even if one or more provisions are found to be invalid or unenforceable.
22. CHOICE OF LAW AND JURISDICTION CLAUSE
The following choice of law and jurisdiction clause governs all our legal transactions:
1. Applicable Law:
German law shall exclusively govern all our legal transactions. The rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
2. Protection of User Rights:
This choice of law clause does not limit or affect any favorable or obligatory rights of users under applicable laws.
3. Jurisdiction:
Any dispute arising under these standard terms shall be subject to the exclusive jurisdiction of the courts in Germany. Alternatively, at the discretion of the Agent, the dispute may be settled in any other court deemed appropriate.
INTERPRETATION
In these terms and conditions, the following terms have the following meanings:
- “Creator” means a user who uploads content on the website to be viewed by other users.
- “Fan” means a person who follows a creator and views the creator’s content.
- "You/User" refers to all users, whether Creators or Fans
- "Content" means any material uploaded to FansyMe by any User (whether a Creator or a Fan), including photos, videos, audio, livestream material, data, text (such as comments) and any other material whatsoever
- “FansyMe” means the social network of users operating on the website which enables users to provide and view user content and where appropriate.
- “Payment Provider” means any third party approved by FansyMe which enables a user to make payments or a creator to receive payment;
- “User Account” means the section on the website which can only be accessed by FansyMe or the user which details the payment provider.
- “User Content” means any and all photos, videos and other material or facility uploaded onto the website by a creator.
- “Website” means the website at www.fansyme.com
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). This contract sets out your rights and responsibilities by which you abide when registering with and using FansyMe. If you do not agree with these Terms or do not comply with its provisions, you must not access or use FansyMe. We may change these Terms on one or more occasions. You can see the latest change stated at the top of the page. Ongoing disputes will not be affected by these changes if they happened before the posted changes. FansyMe will try to notify you when changes to these Terms are made, but does not assume an obligation to do so. If you continue to use FansyMe after changes to the Terms have been made, you agree to the revised agreement. If you choose to disagree you must stop using FansyMe.
FansyMe reserves the right to modify or change the Terms of Use at its sole discretion and at any time. Any modification or change to these Terms of Use will be effective immediately upon posting. In the event of material changes, FansyMe will notify you through the Service or via electronic mail. The determination of what constitutes a material change or modification will be made by FansyMe using reasonable judgment and common sense.
By continuing to use the FansyMe platform and accepting payment, the Creator acknowledges their understanding and acceptance of these Terms.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
2. LICENSE
2.1 License Grant: FansyMe hereby grants you a nonexclusive, nontransferable, non-sublicensable licence to access the Website and its content for your personal and noncommercial use in accordance with this agreement. By “access”, FansyMe means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
2.2 Licence Restrictions:
The licence granted in section 2.1 does not include any of the following:
- resale or commercial use of the Website;
- distribution, public performance, or public display of the Website or the content;
- changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless the FansyMe specifically authorises the change or derivative use in a separate written agreement with you;
- use of any data mining, robots, or similar gathering or extraction methods;
- downloading (other than webpage caching) any part of the Website or the content except as permitted on the Website; or
- any other use of the Website or the content other than for its intended purpose.
Your licence to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and FansyMe only authorises you to use your copy in accordance with this agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorised by this agreement will terminate the licence granted here. Unauthorised use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in this agreement should be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. FansyMe may revoke this licence at any time.
3. FANSYME’S INTELLECTUAL-PROPERTY RIGHTS
3.1 Ownership of Website: Unless otherwise indicated in this agreement or on the Website, the FansyMe owns or has a licence to use: (a) the Website, including its past, present, and future versions; (b) all web pages found within the Website; (c) all the material and information on the Website; (d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and (e) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
3.2 Trademarks: FansyMe’s name, logos, domain names, and the term FANSYME, are FansyMe’s trademarks, and must not be copied, imitated, or used, in whole or in part, without FansyMe’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of FansyMe, and must not be copied, imitated, or use, in whole or in part, without FansyMe’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with FansyMe, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to FansyMe and its licensors, without advanced written permission from FansyMe or the third party who may own the mark.
4. ACCOUNTS
4.1 Fans: To register an account with FansyMe as a Fan, you must provide a valid email address, username and password. If you desire to purchase content or subscribe to creators, you will need to add a valid payment method. FansyMe does not store any payment information.
4.2 Creators: You must complete the registration process by providing FansyMe with accurate information as prompted by the applicable registration form. You must be approved by the Company in our sole and absolute discretion. If you desire to sell any content on FansyMe, you will need to be verified proving your age (must be 18 years) by providing government documentation and adding a verified bank account and/or other payout methods provided.
Furthermore, by signing up as a creator on FansyMe, you acknowledge and agree that you must have proper work rights in the country you are located. This includes, but is not limited to, possessing valid work permits or visas, if applicable. You are responsible for ensuring that you have the necessary legal permissions to engage in the activities offered on FansyMe. This may include obtaining tax identification numbers and complying with local tax laws and regulations.
FansyMe reserves the right to verify your compliance with these requirements at any time and may request additional documentation or information to confirm your eligibility to use the platform as a creator. Failure to comply with these requirements may result in the suspension or termination of your account without prior notice.
By continuing to use FansyMe as a creator, you affirm that you have read, understood, and agree to abide by these terms regarding registration, verification, and compliance with work rights and legal obligations.
4.3 User Certifications: By registering and creating an account on FansyMe, you represent and warrant that:
- all account registration and profile information as well as content you provide is your own and is complete, truthful and accurate
- you are responsible for keeping your password and account confidential
- you use particular caution when accessing your account from a public or shared computer, so that others are not able to access, view or record your password and other personal information
- you are responsible for all activities that occur under your account
- you must notify FansyMe promptly of any unauthorised use of your account or any other security breach
- you must not use anyone else’s account at any time
- if you previously had an account with Fansyme, your old account was not terminated or suspended by FansyMe for violation of this agreement
- you are creating an account for your own personal use and you will not sell, rent, or transfer your account to any third party
- you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms, if you are using FansyMe on behalf of a business or other entity
4.5 Account Security: FansyMe cares about the integrity and security of your personal information. But FansyMe cannot guarantee that unauthorised third parties will never be able to defeat the Website’s security measures or use any personal information you provide to FansyMe for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. FAN/CREATOR TRANSACTIONS:
The following provisions outline the terms governing transactions between Fans and Creators:
All interactions and transactions between Fans and Creators are independent agreements. While we provide the FansyMe platform and store Content, we are not a party to the Standard Contract or any other agreements between Fans and Creators, and we assume no responsibility for such transactions.
Creators have the sole discretion to determine the pricing for Fan/Creator Transactions within the FansyMe pricing parameters and the Content accessible to Fans. All prices are denoted in USD.
Fan Payments do not include VAT, which will be added at the applicable current rate (if applicable).
To engage in a Fan/Creator Transaction with a specific Creator, you must first add a payment card to your account or add funds to your wallet and then click the "Subscribe" button on the Creator's profile.
By providing your payment card details, you authorise us and our subsidiary companies to share the information with a third-party payment provider for processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may impose currency conversion fees, for which we have no control or responsibility.
Subscriptions / Periodic Payments
The payment provider will initiate periodic payments from your payment card for Subscription-based Fan Payments and immediate payments for other types of Fan Payments (including Pay-Per-View and tips to Creators). You authorise and consent to the debiting of these payments using your provided payment card details.
Except for free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the subscription period, unless your payment card is declined, the Subscription price has increased, or you have cancled the Subscripton on the Creator's profile.
If you cancel a Subscription, you will retain access to the relevant Creator's Content until the end of the subscription period in which you canceled. Subsequently, no further payments will be deducted from your payment card for subscriptions to that Creator's profile (unless you choose to purchase a new Subscription), and you will no longer have access to the relevant Creator's Content.
Refunds
You agree not to make unjustified refund requests for any Fan/Creator Transaction or tip to a Creator. Tips are considered final and non-refundable. You also agree not to initiate unwarranted chargebacks with your payment card provider concerning such transactions. If we determine that you made a refund or chargeback request in bad faith, we reserve the right to suspend or delete your User account.
Wallet Credits
FansyMe offers the option to prepay funds (Wallet Credits) that can be used for Fan Payments. Purchases on FansyMe cannot be split. If your purchase exceeds your remaining Wallet Credits, your payment card will be charged the full amount.
Wallet Credit Limits
We set a maximum limit for Wallet Credits. No interest accrues on them.
Refunds for Unused Wallet Credits
The refund policy for unused Wallet Credits is determined by local law. In the case of Germany, FansyMe will comply with applicable consumer protection regulations regarding virtual wallets.
Fans engaging in Fan/Creator Transactions understand and acknowledge that Creators retain the right to add or remove Content from their Creator account at their sole discretion. Creators have the freedom to determine the type of Content they make available on their account. Furthermore, Fans participating in Fan/Creator Transactions recognize that certain circumstances may prevent access to the Relevant Content specified in the transaction, including:Suspension or deletion of the Creator's account.
Suspension or deletion of the Fan's account.
Temporary unavailability or inaccessibility of the FansyMe site.
Inability of the Creator to create or upload Relevant Content in the future.
In the case of a user's violation of the stipulated terms and conditions, we retain the sole right to suspend the account without any entitlement to refunds or restitution for any completed or pending transactions.
6. PAID SERVICES
6.1 In General: The Website is a social media platform that lets you subscribe to an creator’s profile or third-party social media account to view the creator’s photos, videos, and posts as well as to interact with the creator in exchange for a one-time or recurring fee. Creators set their own pricing. It is your responsibility to check the price before subscribing or making a purchase. Unless the payment page indicates otherwise, pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. FansyMe does not provide price protection or refunds in the event of a price reduction or promotional offering.
6.2 Payment: You must prepay for any subscription that you order. FansyMe accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with FansyMe or a third party, that governs your use of a given payment method. FansyMe will charge your credit card or other form of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
6.3 Recurring Billing: If you purchase any automatically renewing subscriptions, you hereby authorise FansyMe or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and FansyMe is unable to charge you on the next billing period, FansyMe may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, FansyMe may cancel your subscription.
6.4 Taxes: If FansyMe is required to collect or pay any taxes in connection with your purchase of a subscription, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
6.5 Billing Errors: FansyMe will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify FansyMe promptly. If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, FansyMe has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify FansyMe of the error within three months after you receive the bill in which the error first appears. You hereby release FansyMe from any liability for any error that you do not report to FansyMe within three months after you receive the bill in which the error first appeared.
6.6. Unused Credit: Unused credits purchased by the user will be refunded in compliance with applicable local consumer protection laws, provided that the credits have not been used for any purchases such as pay per view, subscription, pay per message, video chat, or similar services. Additionally, if local consumer protection laws do not apply, the credits cannot be redeemed for cash or any other form of compensation. Furthermore, if the user requests the deletion of their account, they forfeit any rights to the unused credits.
7. USER CONDUCT
You must not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Website in any medium, including by any automated or non-automated “scraping;”
- using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- taking any action that imposes, or may impose at FansyMe’s sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Website;
- collecting or harvesting any personally identifiable information, including account names, from the Website;
- using the Website for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Website.
7.1. Messaging Platform Restrictions
Promoting competitors and attempting to sell content through any platform or medium is strictly prohibited under our terms and conditions. This includes any attempts to direct our users towards competing products or services or actively advertising alternative offerings through messaging channels, social media platforms, email, or any other means of communication.
Our platform is intended solely for the promotion and sale of our own products and services, and any attempts to use our platform to promote third-party products or services will result in immediate termination of your account. We reserve the right to take legal action against any individual or entity found to be in violation of this policy.
7.2. Creator Obligations for Truthful Advertising
As the creator of this platform, it's imperative to recognize that honesty extends beyond just your bio—it encompasses all content, including pay-per-views and chats. Your biography acts as a promotional tool for your paid subscriptions, playing a pivotal role in enticing customers. Therefore, it's paramount that the information presented in your biography remains truthful and devoid of any misleading statements. This principle also extends to descriptions of pay-per-view content; all descriptions must accurately represent the content being offered.
Moreover, to uphold the trust of your paying subscribers, it's essential to consistently upload content at least once a month, ensuring its alignment with the details provided in your biography. Failure to adhere to these guidelines may lead to the removal of your content and potential account suspension. Please be aware that in the event of failing to adhere to these terms, including deleting all content or not providing a post a month, deductions may be made from your earnings to cover possible refunds to customers. This policy is in place to ensure fairness and accountability on our content creator platform.
It's important to emphasize our dedication to fostering equitable interactions between creators and users. Should we identify any instances where a creator fails to fulfill their obligations to subscribers or provides misleading information, we reserve the right to take appropriate action, including content removal.
We appreciate your cooperation in upholding the standards outlined in our terms of service. By doing so, we collectively preserve the integrity of the platform for all users.
8. USER-GENERATED CONTENT
By posting content on FansyMe, including but not limited to images and videos categorized as 'free' (excluding 18+ or adult posts), you grant FansyMe the following rights and permissions:
1. Content Usage Rights:
- All media content posted under the 'free' category on FansyMe (excluding 18+ or adult posts) can be utilized by FansyMe for promotional purposes across all owned platforms, including the website, Instagram, and other social media channels.
- FansyMe reserves the right to use, edit, alter, and crop the images and videos posted under the 'free' category (excluding 18+ or adult posts) at its discretion for promotional activities.
2. Intellectual Property Rights:
- Users retain ownership and intellectual property rights to the content they post on FansyMe. However, by posting content (excluding 18+ or adult posts), users grant FansyMe a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display the content in connection with the services provided by FansyMe.
3. Content Responsibility:
- Users are solely responsible for the content they post on FansyMe, excluding 18+ or adult posts, and they represent and warrant that they have all necessary rights, licenses, and permissions to post such content.
a) Prohibited Uses: You agree that you will only use FansyMe for the purposes permitted by the Terms. You may not use FansyMe for any other purposes without our prior written consent. Without our prior written authorisation, you will not:
- use FansyMe in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- download any content unless a “download” or similar button is displayed in relation to that content.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- access FansyMe if you are, or are required to be, a registered sex offender in any jurisdiction.
- post, upload, or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in the Company’s sole discretion, is otherwise inappropriate.
- post, upload, or share content that is considered harmful, threatening, abusive or offensive by the reasonable man/person to an objective standard. “Reasonable” in this context and “man” as a legal term considers the views and morality as set by the majority of Creators or users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and content of which some users may find offensive or objectionable, but that is not illegal in the jurisdiction of the Creator. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the content or shared without their consent.
- post, upload, or share any content containing hate speech, including any content (including stereotypes and symbols) posted to FansyMe with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease
- post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake), asphyxiation, extreme fisting, or genital mutilation; (v) necrophilia; (vi) blood, scatological, vomit, excrement-related content or the elimination of any bodily waste on another person; (vii) age-play or suggestion of underage participants, (viii)illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (ix) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on FansyMe; (x) illegal or illicit drugs; (xi) suicide or self-harm; (xii) any other illegal behavior or behavior that may be considered obscene under applicable law.
- post, upload, or share content depicting any person under eighteen (18) years old.
- post, upload, or share content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Company.
- post, upload, or share content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
- post, upload, or share any content that utilises or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactic;
- post, upload, or share any employment ads or content which violates anti-discrimination laws.
- post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorised in these Terms, use the materials on FansyMe for any commercial use.
- impersonate another individual or entity, whether actual or fictitious, without consent, falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through FansyMe; or perform any other similar fraudulent activity.
- send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectification of another User.
- use emojis, GIFs, or other media to communicate any activity that violates these Terms.
- engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
- engage in platform manipulation, including utilising bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, or your content.
- circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company, any User’s enjoyment of FansyMe, or any security-related features that prevents, limits, or restricts the use or copying of any materials or that enforces limitations on the use of FansyMe, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access FansyMe in violation of our robot exclusion headers or to scrap all or a substantial part of FansyMe (other than in connection with bona fide search engine indexing or as the Company may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on FansyMe or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.
- commercially exploit or make available FansyMe to third parties including any action or attempt to “frame” or “mirror” FansyMe.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorised use of FansyMe, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorised use of FansyMe or our computer systems violates these Terms and certain international, foreign, and domestic laws.
c) Additional Prohibited Uses for Creators:
Creators must act in the best interests of the Company at all times, whether on FansyMe, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from FansyMe. If you are a Creator, you will not, without our express prior written authorization:
- deceive users regarding the nature of any paid content;
- attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
- attempt to fraudulently pass off recorded content as a live stream.
- fail to honour any lawful representation made to Fans in furtherance of selling your content.
- record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.
- release the personal information of any other User of FansyMe or third party without that person’s consent.
- solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.
- harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company.
If you are aware of any content on FansyMe or any User engaging in activities that violate these Terms, please email us at support@fansyme.com with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.
e) Law Enforcement:
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
10. TERMINATION
FansyMe reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
You acknowledge and agree that FansyMe shall not be held responsible or liable for any modification, suspension, or discontinuance of the Services or any part thereof.
11. ACCOUNT DELETION POLICY & REFUNDS
11.1 Account Deletion Process
You, the User (Creator or Fan), have the right to request the deletion of your account at any time. FansyMe will initiate the account deletion process upon receiving your request. Please note that full account deletion will be completed within a maximum period of 90 days from the initial deletion request. This timeframe allows FansyMe to process any outstanding transactions (for Creators) or subscriptions (for Fans), ensure a smooth cancellation process, and comply with relevant data retention regulations.
In exceptional cases, where a user repeatedly deletes and undeletes their account in a short timeframe, the deletion process may take up to 6 months. This extended timeframe allows FansyMe to ensure the user's intent is clear and avoids accidental data loss. We will notify you if this situation applies and explain the reasoning behind the extended processing time.
We strive to complete deletions as soon as possible within the 90-day window.
11.2 Refunds upon Account Deletion
In the event of your account deletion, FansyMe reserves the right to provide the customer who has already paid for specific content with a partial or full refund or credit. The determination of the refund or credit amount will be at the sole discretion of FansyMe, considering factors such as the type of content and the time of purchase.
- If the amount has already been disbursed to you: FansyMe reserves the right to invoice you for the costs of the refund or credit.
11.3 Creator Acknowledgement
You, the Creator, acknowledge two options regarding content purchased by fans before your account deletion:
(a) Allowing Customers to Retain Purchased Content: Fans may retain access to the content they have already purchased, even after your account deletion.
(b) Partial or Full Refund/Credit: FansyMe may offer customers a partial or full refund or credit for their purchases.
You agree that FansyMe is entitled to withhold the amount for the refund or credit from your already disbursed funds or to reclaim it through other means. You further acknowledge that FansyMe's decision regarding refunds is final and no further claims or demands against the Platform related to the deletion of your account can be made.
11.4 Refunds Initiated by Fans (Chargebacks)
If a fan successfully obtains a refund or initiates a chargeback through their credit card provider for a payment made to you, FansyMe reserves the right to investigate. We may decide to deduct from your account an amount equal to the earnings you, as the creator, gained from the refunded or charged-back transaction.
12. LIMITATIONS
In no event will FansyMe be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not FansyMe has been informed of the possibility of damage.
FansyMe shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the website.
13. INDEMNIFICATION
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify FansyMe from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
14. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
15. GDPR
This GDPR policy ensures FansyMe:
- Comply with data protection law and follows good practice;
- Protects the rights of clients;
- Are open about how we store and process individuals’ data;
- Protect ourselves from data protection risks such as breaches of confidentiality, failure to offer choice and reputational damage
Under the GDPR, the data protection principles set out the main responsibilities for us. Article 5 of the GDPR requires that personal data shall be: (a) Processed lawfully, fairly and in a transparent manner in relation to individuals; (b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; (d) Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; (e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; (f) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
15.2 Lawfulness of processing conditions:
Under the GDPR, there is a requirement to have a valid lawful basis in order to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR: (a) Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose (b) Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract (c) Legal obligation: processing is necessary for compliance with a legal obligation (d) Vital interests: processing is necessary to protect the vital interests of a data subject or another individual (e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (f) Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
15.3 Your rights under the GDPR:
The GDPR provides the following rights for individuals:
1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object;
8. Rights in relation to automated decision making and profiling.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be construed in accordance with the laws in Germany, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
17. LINKS FROM THE WEBSITE
The site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practises of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the site, you expressly relieve us from any and all liability arising from your use of any third party website.
18. SEVERABILITY
Any part, provision, representation or warranty of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
19. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
20. COMPLAINTS POLICY
This document sets out our complaints policy. If you are a FansyMe User, this Complaint Policy is part of your agreement with us.
1. Who can use this Complaints Policy:
Complaints can be made whether you are a user of FansyMe or not. You can report any content or user profile that may be illegal or otherwise violates our Terms.
2. How to make a complaint:
If you want to file a complaint that concerns a User’s Content or the conduct of a User on FansyMe, please send your complaint to complaints@fansyme.com. Please include your full name, email address, a description and the nature of your complaint. Please also provide us with the URL. Alternatively you can use the buttons on each post and FansyMe profile to report to us directly.
3. How do we deal with complaints:
After we receive your complaint(s) of illegal or non-consensual Content we will:
- review each complaint carefully and if required contact you should we need more information
- investigate your complaint within a maximum of 7 business days
- if unlawful, non-consensual, inappropriate or in breach with our Terms, we will remove the content in question and notify you of our decision via email
- if we deem the content not unlawful, non-consensual, inappropriate or in breach with our Terms, we will also notify you of our decision
After the decision has been made, we will allow you to appeal the decision within 24hrs.
4. How we deal with copyright infringment:
Complaints related to copyright infringments must be submitted in accordance with our DMCA Policy.
5. Unjustifiable or abusive complaints:
If you are a User of FansyMe, you warrant that you will not make any unjustifiable or abusive complaints. If you breach this warranty we may suspend or terminate your User account.
21. SEVERABILITY CLAUSE
If any provision of this contract is or becomes invalid or unenforceable, it shall not affect the validity of the remaining provisions of the contract.
A severability clause is a standard provision in contracts that helps to protect the enforceability of the agreement in the event that one or more provisions of the contract are found to be invalid or unenforceable. This clause states that if any provision of the contract is found to be invalid or unenforceable, the rest of the contract will remain valid and enforceable.
In other words, if a court or other legal authority determines that a particular provision of the contract is unenforceable, the other provisions of the contract will remain in effect and enforceable. This can help to avoid the entire contract being invalidated due to the invalidity of a single provision.
It is important to include a severability clause in a contract because it provides a safeguard against unexpected changes in the legal landscape that could impact the enforceability of certain provisions. Without a severability clause, the entire contract could be deemed unenforceable if one provision is found to be invalid or unenforceable.
In summary, a severability clause is a standard provision in contracts that helps to ensure that the validity and enforceability of a contract are preserved even if one or more provisions are found to be invalid or unenforceable.
22. CHOICE OF LAW AND JURISDICTION CLAUSE
The following choice of law and jurisdiction clause governs all our legal transactions:
1. Applicable Law:
German law shall exclusively govern all our legal transactions. The rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
2. Protection of User Rights:
This choice of law clause does not limit or affect any favorable or obligatory rights of users under applicable laws.
3. Jurisdiction:
Any dispute arising under these standard terms shall be subject to the exclusive jurisdiction of the courts in Germany. Alternatively, at the discretion of the Agent, the dispute may be settled in any other court deemed appropriate.
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