Terms of use for fans


BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

  1. Introduction: These Terms of Use for Fans are additional terms which apply if you use MyFans as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
  2. Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. "Subscription" means a Fan's monthly subscription to a Creator’s account;
    2. "VAT" means Swedish value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
    3. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Sweden or any other jurisdiction.
  3. Other terms which will apply to your use of MyFans: The following terms will also apply to your use of MyFans and you agree to them:
    1. Our Terms of Use for all Users;
    2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
    3. Our Acceptable Use Policy – which tells you what you can and can't do on MyFans;
    4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of MyFans, and how we will deal with that complaint; and
    5. The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
  4. Other terms which may apply to your use of MyFans: The following additional terms may apply to your use of MyFans:
    1. If you are also a Creator, the Terms of Use for Creators will apply to your use of MyFans as a Creator;
    2. If you are a Creator who is established or resident in the European Union or Sweden, then the Platform to Business Regulation Terms will also apply to you.
  5. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
    1. you are at least 18 years old;
    2. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
    3. you are not be barred from accessing MyFans under any laws which apply to you.
  6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on MyFans:
    1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
    2. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
    3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on MyFans.
    1. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on MyFans:
    2. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
    3. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of MyFans. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
  7. Adult material: You acknowledge that you are aware that some of the Content on MyFans contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
  8. Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
    1. All transactions and interactions facilitated by MyFans are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the MyFans platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
    2. Creators are solely responsible for determining (within the parameters for pricing on MyFans) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in EUR only.
    3. Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
    4. To view a Creator's Content and/or utilise the fan interaction function on MyFans, you must click the 'Unlock Premium Posts' button on the relevant Creator's profile. After that you make thepayment by credit card.
    5. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in EUR. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
    6. If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
    7. The payment provider will take (i) monthly payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Fan Payments such as use of the fan interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
    8. Apart from free Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period, except if your payment card was declined. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to contact CCBill. A link for cancelling the subscription is available in the email that was sent to you when starting the subscription.
    9. If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content.
    10. You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
  9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
  10. To end or cancel your subscription and not be billed again, use the link in the email sent to you when you started your subscription. You can also contact CCBill at https://support.ccbill.com via live chat, phone +1.888.596.9279 or email at support@ccbill.com