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Terms of Service

By accessing and using the Fans2.Me website (https://fans2.me), herein referred to as the “Platform”, you are agreeing to be bound by our Terms of Service as well as being responsible for compliance with any applicable local laws or regulations. If you disagree with any part of these Terms of the Service, then you are prohibited from using the “Platform”. 

 

1. Interpretation: In our Terms of Service, the following will apply:

1.1 “Platform” refers to the Fans2.Me website accessed via the URL https://fans2.me as operated by LinkBossPro Inc;

1.2 “We”, “Our”, “Us” refers to the “Platform” (1.1);

1.3 “Creator” means a “User” who has set up an “Account” with us to post “Content” on the “Platform” to be viewed by other “Users”;

1.4 “Fan” means any “User” who follows or subscribes to a “Creator” and is able to see their “Content”;

1.5 “Content” means any material uploaded to the “Platform” which shall include all user generated material that a “Creator” or “Fan” creates, uploads, or makes public on the “Platform” including but not limited to information, text, images, videos, music, live streams, comments, and links;

1.6 “User” shall mean any person or entity that has an “Account” with the “Platform”; 

1.7  ”You” “Your” means a “User” of the “Platform” who is either a “Fan” or a “Creator”

1.7 “Account” is your personal profile on the “Platform” that is created when you sign up to use the “Platform” to access “Creator” “Content” as a “Fan” or to create “Content” for “Fans” as a “Creator”, or both, as applicable;

1.8 “Fan Payment” means any and all payments made by a “Fan” to a “Creator” to access a “Creator’s” premium content, subscribe to the “Creator’s” “Account”, access paid live streams, paid video chat, virtual pic with me, or to access the interaction function on the “Creator’s’ “Account”; 

1.8 “Contract” means the terms that govern each transaction between “Fans” and “Creators” on the “Platform”. You can find the “Contract” here; 

1.9 “Terms of Service” is your agreement with the “Platform” and includes all sections of The Terms of Service, Contract, Privacy Policy, and Cookie Policy.  

 

2. Description of the Platform

The “Platform” provides:

2.1 “Creators” with the ability to monetize “Content” through paid subscriptions, paid premium content, paid live streams, and paid live chat; 

2.2 “Fans” with access to “Creators” “Content”. 

Whether you are a “Creator” or “Fan” or both, you agree to follow our guidance on the use of our product/s and adhere to the “Platform’s” Terms of Service.

We reserve the right to update, modify, or change the “Platform” at our discretion, without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features we implement to improve the “Platform” shall also be subject to these Terms of Service.

 

3. Representation

You confirm that you can form a binding contract with us, that you accept these Terms of Service and that you agree to comply with them. If you are accessing the “Platform” on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.

 

4. Eligibility 

You must be at least 18 years of age or older to create an “Account” on our “Platform” and you must be legally capable of entering into binding contracts. We do not knowingly collect any personally identifiable information from anyone aged 18 or under. If you are under 18 years old, you must obtain the consent from your parent or legal guardian for you to use the “Platform” and they must agree to be bound by these Terms of Service on your behalf.

 

5. Updates to our Terms of Service

We reserve the right to update and amend our Terms of Service from time to time. These updates may reflect changes to the “Platform” which can include items pertaining to legal compliance, commercial reasons, technological advancement or otherwise to protect our legitimate interests. You acknowledge and agree that it is your responsibility to review our Terms of Service occasionally to familiarize yourself with any modifications. We will endeavour to notify you if a change to our Terms of Service may have a material negative effect on you. We will endeavour to advise you of the change in advance prior to any new terms taking effect. 

You acknowledge that the “Platform” is constantly evolving, and that we may add, update, change or remove elements of the “Platform”, and its functionality from time to time. 

Your continued use of the “Platform” after such amendments have taken place will constitute acknowledgment of the modified Terms of Service to which you shall abide by and be bound to.

If you do not agree with any of the changes to these Terms of Service, it is your responsibility to stop using the “Platform” and/or cancel in accordance with our process for “Termination”.

 

6. Jurisdiction and Governing Law: 

The “Platform” is owned and operated by LinkBossPro Inc, a Delaware based corporation and as such our Terms of Service shall be governed and construed in accordance with the laws in the U.S. state of Delaware and Delaware General Corporation Law. 

Each party agrees and submits to the exclusive personal jurisdiction of any venue within the U.S. state of Delaware deemed to have competent jurisdiction.

Accessing our “Platform” from locations outside of the U.S. State of Delaware is at the user's own initiative. The user is solely responsible for compliance with applicable local laws. Despite our “Platform” being accessible from locations around the world, we make no suggestion that the material found on it is appropriate or suitable for use where the “Content” could be prohibited and must be avoided in such cases. You also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these Terms of Service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency. 

 

7. Content

Your “Content” (both “Creators'' and “Fans”) includes all user generated material that you create, upload, or make public on our “Platform” including but not limited to information, text, images, videos, music, live streams, comments, and links. In addition to the terms outlined in this section you further agree to our “Acceptable use Policy” contained within these Terms of Service. 

7.1. You are responsible for the “Content” that you post to/on our “Platform”, including its legality, reliability, and appropriateness. You may post, link, store, share and make available information, text, graphics, videos, or other material to/on your “Account” that you create using our “Platform”;

7.2. Where a third party owns any of the “Content”, you are responsible for ensuring that you have all rights, including any licenses required, to allow you to make available the “Content” on your “Account” on our “Platform”; 

7.3. You grant to us a universal license to host, use, distribute, copy, publicly display, and translate your “Content” on our “Platform”. You further agree that we can utilize your “Content” in marketing and promotions for our “Platform” without your expressed permission. You retain any and all of your rights to any “Content” you submit, post or display on or through the “Platform” and you are responsible for protecting those rights;

7.4. You agree to ensure that:

7.4.1 The “Content” you create, and post will not cause you or us to breach any law, regulation, rule, code, or other legal obligation; 

7.4.2 the “Content” that you create, and post will not or could not be reasonably considered to be obscene, disparaging, inappropriate, offensive defamatory, indecent, seditious, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. Specific laws in your jurisdiction may apply in this regard and those laws will take precedent;

7.4.3 The “Content” that you create, and post will not be misleading or deceptive, be intended or designed to misinform, or likely to misinform a reasonable person, and that you will not represent which is false as a fact;

7.4.5. This “Platform” is not suitable for “Content” that is non-age restricted, sexual content, or pronography which will result in account termination. Age restricted “Content” must be clearly indicated and comply with these “Terms of Service” and our “Acceptable use Policy”;

7.5. We reserve the right to monitor, review and modify your “Content” should it breach our “Terms of Service” (including, in particular, our “Acceptable use Policy”) and/or any applicable law. We are under no obligation to regularly monitor the accuracy or reliability of your “Content” on the “Platform”;

7.6. You agree that we may at our discretion suspend or remove parts of your “Content” or disable your “Account” for any breach of the terms outlined in our Terms of Service, and/or our “Acceptable use Policy” and/or applicable law whilst we investigate the suspected non-compliance or unlawfulness of such “Content”. The following shall apply: 

7.6.1. If we suspend access to or delete any of your “Content”, we will notify you via email or electronic message to your “Account” on our “Platform”, but we are not obligated to give you prior notice of such removal;

7.6.2. You agree that during our investigation, at your own cost, to promptly provide to us all reasonable assistance (including providing us with any copies of any information which we request) in our investigation;

7.6.3. The “Platform” will not be responsible for any loss incurred by you arising from the suspension of access to your “Content” or any other steps which the “Platform” takes which are in good faith to investigate the suspected non-compliance or unlawfulness of your “Content”;

7.6.4 Upon conclusion of our investigation of the suspected non-compliance or unlawfulness of the relevant “Content”, we may take any action we consider appropriate, including to reinstate access to the “Content” or to permanently delete or disable access to the relevant “Content” or to “Terminate” your “Account” without needing to obtain any consent from you and without giving you prior notice;

7.6.5. If we suspend access to, delete or disable access to all or parts of your “Content”, you may request a review of our decision to suspend access to, delete or disable the relevant “Content” by contacting us at support@fans2.me. The same process shall apply if we decide to “Terminate” your “Account” for breach of these Terms of Service (including our “Acceptable use Policy”); 

 

8. Third party links and links to other websites

We do not endorse, or make any warranties or representations in relation to, any third party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. These external sites are not operated by us. We do not pre-screen “Content” posted by “Creators” or “Fans on our “Platform”, although we do reserve the right to screen any “Content” at any point as we deem necessary, and have no control over and assume no responsibility or liability for the content, privacy policies, or practices of any third party sites or services.

 

9. Accounts

To access the “Platform”, whether as a “Fan” or as a “Creator”, you are required to create an “Account” with us. Creating an “Account” is free. When you create an “Account” with us:

9.1. We require that you provide a valid email address, for us to provide important account information when necessary. Failure to provide this constitutes a breach of our Terms of Service, which may result in the cancellation of active subscriptions or termination of your “Account”;

9.2. You are solely responsible for safeguarding the password that you use to access our “Platform” to prevent unwarranted access to your “Account”. You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use;

9.3. Your selected username must be unique and may not already be in use by another person on our “Platform”. You may not use the name/s of well-known personalities, brands, places, or any name to which you have no connection. Furthermore, you may not use a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that a dispute or issue arises over the use of particular usernames, we will consider the circumstances reasonably and may require you to change your username. Should you refuse, we reserve the right to suspend, cancel or alter your “Account” as required; 

9.4 You will make sure that all the information that you submit when you create your “Account” is truthful, accurate and complete;

9.5 If you previously had an “Account” with the “Platform”, you confirm that your old “Account” was not terminated or suspended by us because you violated or breached our Terms of Service;

9.6. By creating an “Account” with us, you consent to receive communications from us electronically, including by email and messages in your “Account” on our “Platform”, and to the processing of your personal data as more fully detailed in our “Privacy Policy”;

9.7 Once you have created your “Account”, you may apply to become a “Creator”. See Section 16. 

 

10. Intellectual property

All intellectual property rights in or to our “Platform” and/or software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms of Service, you have no right to use our intellectual property rights. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

For “Content” uploaded to our “Platform”, we take claims of copyright infringement seriously and comply with the Digital Millennium Copyright Act (the DMCA) or any other applicable intellectual property legislation or laws. If you believe your copyright is being infringed on you can submit notice to support@fans2.me containing the following information:

We will investigate each case and in the event that copyright has been infringed, reserve the right to remove the “Content”, suspend or delete the offending account. 

 

11. Warranties and Disclaimer 

We warrant to you that we will provide our services using reasonable care and skill.

Apart from this warranty, the materials on our “Platform” are provided on an 'AS IS' and “ AS AVAILABLE” basis. Your use of the “Platform” is at your sole risk neither us or any of our affiliate companies or partners make any representation or warranty or gives any undertaking in relation to our services, our “Platform, or any “Content” submitted, transmitted or displayed on our “Platform” including: (i) any representation , warranty or undertaking that our services or “Platform” will be interrupted, secure or error-free or free from viruses; (ii) that our services or “Platform” will be compatible with your device; or (iii) that our service or “Platform” will be of mercantile quality, fit for a particular purpose or not infringe the intellectual property rights of any person. To the extent permitted by the applicable laws and regulations, you waive any and all implied representations, warranties and undertakings. 

 

12. Limitation of Liability

In no event shall our “Platform” or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or business interruption) arising out of the use or inability to use the materials on our “Platform”, even if an authorized representative has been notified orally or in writing of the possibility of such damage. 

You indemnify us against any loss suffered by us that arises in connection with a breach by you of these Terms of Service or a third party claim made against us in relation to your “Content”.

In no event will our liability to you under or in connection with these Terms of Service or the “Platform” exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.

 

13. Acceptable use Policy

In addition to the terms outlined in these “Terms of Service”, both “Creator” and/or “Fans” agree:

13.1. Not to use this “Platform” in any way that causes, or may cause, damage to the “Platform” or impairment of the availability or accessibility of the “Platform”;

13.2. Not to use this “Platform” in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

13.3 Not to use this “Platform” to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

13.4. Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this “Platform” without the “Platform’s” express written consent; 

13.5. To not upload, post, display or publish “Content” that shows, promotes, advertises or refers to: 

13.5.1. firearms, weapons, or any goods wholesale, possession or use is subject to prohibitions or restrictions;

13.5.2. self-harm, or suicide;

13.5.3. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, hardcore bondage, sadomasochistic abuse, genital mutilation, or extreme fisting;

13.5.4. incest;

13.5.5. bestiality; 

13.5.6. necrophilia; 

13.5.7. drugs or drug paraphernalia; 

13.5.8. revenge porn, being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to the material being taken, captured, shared and posted to the “Platform”; 

13.5.9. escort services, sex trafficking, or prostitution; 

13.5.10. necrophilia;

13.5.11. pornography; 

13.5.12. shows, includes or refers to any individual under 18 years of age, or which refers to individuals under 18 generally, or any other individuals unless you have written documentation which confirms that all individuals shown or referred to in your “Content” are at least 18 years old, and have written consent from each individual to use their name or images in the “Content”; 

13.6. Not to upload “Content” that contains, advertises, promotes, or refers to hate speech. Hate speech being “Content” that intends to vilify, dehumanize, exclude, threaten, attack, humiliate, incite hatred, violence, or fear of a group or individual based on ethnicity, gender, gender identity, race, religion, sex, disability, nationality, serious disease, or any other characteristic as defined by the applicable law;

13.7. Not to upload “Content” that is intended to blackmail or extort money, or other payment or benefit from anyone else in exchange for the removal of the “Content”;

13.8. Not to upload “Content” that promotes or involves third party activities such as sales promotions, lotteries, sweepstakes, contests, product placements, advertising, job placements or any form of advertisement without prior consent from the “Content” owner; 

13.9. Not to upload “Content” that gives the impression that it originates from or is approved, licensed, or endorsed by us as the “Platform” or any other company or person;

13.10. Not to upload “Content” that contains or refers to anyone’s personal data or confidential information without their prior written consent; 

13.11. Not do anything which violates the “Platform” or someone else’s rights including intellectual property rights, personality rights, and data protection rights. This includes agreeing to not record, reproduce, share, distribute, or communicate “Creators” “Content” with the public without authorization;

13.12. You will not transmit, stream, or send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as live; 

 

14. Personal Data

We respect your privacy and only process your personal data. As a “Platform” we are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access procedures that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption. 

Third parties that provide services in support of the “Platform”, including providers of payment, cloud or other services that process your information on their servers for the purpose of supporting these actions, are prohibited from retaining, using, or disclosing your personal information for any purpose other than providing us with their services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable measures to protect your personal information, we cannot guarantee the security of the information transmitted through the “Platform” or otherwise via the internet; any transmission is at your own risk. Please also refer to our “Privacy Policy” and “Cookie Policy” for more information on how we process your personal data. 

 

15. Termination

These Terms of Service will apply to your use of our services as a “Platform” until access to the relevant services is terminated by either you or us.

15.1. We may suspend or terminate your access to your “Account” or any or all of our services: (i) if we reasonably believe that you have breached these Terms of Service”; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason; 

15.2. Where we suspend or terminate a service, or where your access to our services is terminated by you or us, we do not guarantee that we will be able to return any of your “Content” back to you and we may permanently delete your “Content” without notice to you at any time after termination. Please ensure that you regularly back up your “Content”;

15.3. If we suspend access to your “Content” or “Account” or “Terminate” your agreement with us, where reasonably practicable, we will give you notice of any suspension or termination and will let you know via email or electronic message to your “Account” on our “Platform” or registered email address; 

15.4. During any period when access to your “Content” or “Account” is suspended, any payments which would otherwise have fallen due during the period of suspension will be suspended. We may withhold all or part of the “Creator” earnings due to you but not yet paid out in accordance with section 16.5 of the “Terms of use for Creators”;

15.5. You may delete your “Account” or “Content” at any time. Once an “Account” or “Content” is deleted the data will remain in an inactive state for a brief period of time before being permanently removed from our system. You may request to have your data removed immediately by contacting us at support@fans2.me. 

 

16. Creator Terms 

This section outlines the process that you will need to follow to become a “Creator” on our “Platform” as well as additional “Creator” specific terms that apply if you are successful in your application.  

16.1 Process to become a “Creator” 

To become a “Creator” you will need to apply via your “Account” dashboard and provide us with the following: 

16.1.1. A scan, or photo of your ID (Identity Document) or Passport; 

16.1.2. A photo of you holding your ID or Passport and a card/paper showing your username on our “Platform”. Please make sure that all three (3) elements are clear. 

16.2 Validation of your “Creator” application

Our customer support team will review your application, verify your identity, and validate your submission. The following will apply to the validation process: 

16.2.1. We will take between 24 and 72 hours to review your “Creator” “Account” application; 

16.2.2. We may reject your “Creator” “Account” application for any reason, including but not limited to anyone of the following: 

- Your identity document or Passport has expired;

- Your identity document or Passport will expire in the next 30 days; 

- The scan or picture of your identity document or Passport is not clear enough for our customer support team to verify your identity;

-Your identity document or Passport is damaged and/or clearly tampered with; 

-Your identity document or Passport is not issued by the country identified on the document;

-Your identity document or Passport does not contain an image of you as the holder of the document;

-Cover image, or image on your “Account” does not match your identity;

- The image submitted of you holding your identity document or Passport and username does not match your legal identity document or Passport;

-The submitted “Account” looks to be in breach of these Terms of Service; 

- The submitted “Account” is submitted by someone who is under the age of 18;

16.2.3 If your application to become a “Creator” is rejected you may appeal or request a review of the decision by emailing support@fans2.me and outlining your case. 

16.3 Creator account approved

Once our customer support team approves your “Creator” “Account”, you will receive a notification in your “Account” on the “Platform”. Your “Account” will now display a verified tick next to your nickname that indicates that you are now a “Creator” on the “Platform”. In addition to the tick, an icon will appear indicating that you are a “Creator”. 

16.4. Subscriptions and fees between “Creator” and “Fans”

16.4.1. All transactions and interactions facilitated by the “Platform” are contracts between “Fans” and “Creators”. Whilst we facilitate transactions and interactions between “Fans” and “Creators” by providing the “Platform”, including storing the “Content” and acting as a payment intermediary, we are not party to the “Contract” between “Fans” and “Creators”, and are not responsible for any transactions and interactions between “Fans” and “Creators”;

16.4.2.  When the required fee has been paid by the “Fans” to access your “Content”, or so they may use of the interaction function on your “Account”, you must allow the “Fans” to access the “Content” paid for and/or provide the “Content” and/or allow them to use the interaction function paid for (as applicable); 

16.4.3. You agree that you will indemnify us for breach by you as a “Creator” of this obligation (16.4.2) including responsibility for any loss or damage (including loss of profit) we suffer because of you failing to comply with this obligation; 

16.4.4. All payments made by “Fans” are excluding VAT and any Tax due by you for providing or earning from the “Platform” in your territory. Vat may be applied and deducted in accordance with the laws applicable to your country of residence (see section 16.5); 

16.4.5. The “Platform” uses a points system, where “Fans” make payment using points in exchange for access to your “Content”. One (1) point in earnings earns a “Creator” $0.1. For example, a subscription that costs 100 points is equivalent to $10. The “Platform’s” intermediary fee is deducted in the calculations. In other words, 20% of your $10 earnings will be deducted from your earnings as commission, so your net income will be $8;  

The following applies to the configuration of fees due by “Fans” to access your “Content”:

16.4.5.1. Subscriptions

You determine the weekly, monthly, and annual subscriptions fees that must be paid by “Fans” to access your “Content” and/or the interaction function in your “Account”:

16.4.5.2. Premium Content 

“Creators” can provide premium “Content” items for which “Fans” can pay a premium “once off” fee to access the “Content”. Subscribers (16.4.5.1) do not pay the premium fee as they already pay to access your “Content” on a weekly, monthly, or annual basis. “Fans” who pay for premium “Content” only, will only be able to access the premium “Content” item paid for and will not be able to access your other “Content”; 

16.4.5.3. Live streaming 

“Creators” can live stream on the “Platform” and earn revenue from “Fans” who access the live stream. A minimum fee of 5 points is required ($0.5) for any live stream on the “Platform” and you may set the required fee to access your live stream at or above this price point;

16.4.5.4. Live video chat 

“Creators” can provide live video chat and earn revenue from “Fans” who pay to access the “Creator” for live one-on-one video chat. A minimum fee of 5 points is required ($0.5) for any live chat on the “Platform” and you may set the required fee to access live chat at or above this price point; 

16.4.5.5. Tips

“Creators” can earn off Tips. Tips are at the “Fans own discretion. A minimum tip amount of 13 points is required to tip a creator;  

16.4.5.6. Gifts

“Creators” can earn off gifts during a live stream. A minimum gift amount of 13 points is required for any gifts sent on the platform. The gift amount may be at or above this amount and is at the “Fans” discretion; 

16.5 Payment 

16.5.1 All “Fan payments” in which the “Fan” purchases points to pay for your “Content” will be received by a third party payment provider approved by us; 

16.5.2 Your “Account” will be updated within a reasonable time with your “Creator” earnings. Your “Creator” earnings will become available to you for withdrawal after such “Creator” earnings appear in your “Account” on the “Platform”;

16.5.3 To withdraw your “Creator” earnings from your “Account” on the “Platform”, you must have at least earned the minimum pay-out amount of $50. Your payment would be available no later than 7 business day(s). Pay-outs are processed within 24 hours once approved. To be eligible for a pay-out you must have earned the minimum payout amount. You can only request one payment at a time;

16.5.4 The amount that you see under the “Balance” section on your dashboard is the amount available to you as the current balance for withdrawal subject to 16.5.3. All “Creator” earnings are displayed and transacted in USD only. If you have selected the bank option for payment of your “Creator” earnings, your bank may charge you a currency conversion fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank, and we are not responsible for paying any charges imposed by your bank or preferred provider; 

16.5.5 Withholding of your “Creator” earnings may occur where:

- we believe that you have or may have seriously or repeatedly breached any part of the Terms of Service;

- If we suspect that any part of your “Creator” earnings result from unlawful activity, either by you, or “Fans” who made the payment resulting in the “Creator” earnings;

- If you threaten or attempt to breach the Terms of Service in a manner that we think has or could have a serious consequence for us, or another “Creator”, and/or “Fan”;

16.5.5.1 We may withhold all or any part of your “Creator” earnings for as long as is necessary to investigate the actual, threatened or suspected breach by you of the Terms of Service, or the suspected unlawful activity (as applicable). If following our investigation, we conclude that you have seriously or repeatedly breached any of the above, we may notify you that you have forfeited your “Creator” earnings. We shall not have any responsibility to you if we withhold or forfeit any of your “Creator” earnings where we have a right to do so under these Terms of Service. 

 

17. Fan Terms

17.1 Subscriptions and fees between “Creator” and “Fans”

17.1.1 All transactions and interactions facilitated by the “Platform” are contracts between “Fans” and “Creators”. Whilst we facilitate transactions and interactions between “Fans” and “Creators” by providing the “Platform”, including storing the “Content” and acting as a payment intermediary, we are not party to the “Contract” between “Fans” and “Creators”, and are not responsible for any transactions and interactions between “Fans” and “Creators”; 

17.1.2 “Creators” are solely responsible for determining (within the parameters for pricing on the “Platform”) the pricing applicable to transactions, interactions, and the “Content” to which you may be given access;

17.1.3 The “Platform” uses a points-based system where “Fans” make payment using points in exchange for access to “Creators” “Content”. To access “Content”, as a “Fan” you must subscribe, or agree to the once-off fee to access the “Content” (as applicable); 

17.1.4 In order to obtain points to make payment for access to “Content” as described in 17.1.3, you will need to purchase points “To purchase points, you will need to add your preferred payment method and details and then select the points package that you wish to purchase. If you provide details of two or more payment cards or methods, then if you try to make payment from the first method, and it is rejected for any reason, then the other payment method or card will be used to collect the payment”; 

17.1.5 When purchasing points, you authorize us to supply your payment details to a third-party payment provider for the purpose of processing your payment. All payments will be charged in USD. Your payment provider may charge you a currency conversion fee. We do not have control over currency exchange rates or charges imposed by your payment provider or bank, and we are not responsible for paying any charges or fees imposed by your payment card provider or bank; 

17.1.6 Once you agree to subscribe or pay the fee for access to “Content”, premium content or paid live streams, we will deduct the appropriate points from your points balance and provide you with the access. For your subscriptions, they will automatically renew, and we will continue to deduct the subscription fee until you either have no points in your “Account” or you cancel your subscription to the “Content”;

17.1.7 If you cancel your 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 “Account” and you will no longer be able to view the relevant “Creator’s” “Content”;  

17.1.8 As a “Fan”, you agree that you will not make unjustified requests for a refund from any “Creator” whom you subscribe to, or unjustified chargeback requests from your payment card provider or bank for points purchased. If we consider that any request for refund or chargeback request was made in bad faith, we reserve the right to suspend or terminate your “Account”;

17.1.9 If we suspend your “Account” in accordance with our rights under the Terms of Service, then any payments which would have fallen due during the period of suspension of your “Account” will be suspended during the period of the suspension of your “Account”. If we terminate your “Account”, all payments due during the period thereafter will be terminated;  

17.1.10 Additionally “Fans” can tip “Creators” for their content, or send them a gift during a live stream. These “Fan Payments” are at the discretion of the “Fan” over and above the minimum fee of 13 points. 

17.2 Content for “Fans” 

In addition to the terms set out elsewhere in the Terms of Service, in particular our “Acceptable use Policy” and section 7 of the Terms of Service, the following terms apply to “Content” posted, displayed, uploaded or published by you as a “Fan” on the “Platform. 

17.2.1 You warrant (which means that you make a legally enforceable promise to us) that for every item of “Content” which you post, display, upload or publish on the “Platform” that you will ensure that the “Content” complies in full with our “Platform’s” Terms of Service;

17.2.2 That you either own your “Content” (and all intellectual property rights in it) or have a valid license to your “Content”. If your “Content” includes or uses any third party material, that you have secured all rights, licenses, written consents, and releases that are necessary for the use of such third party “Content” and for the subsequent use and exploitation of that “Content” on the “Platform”; 

17.2.3 You agree that you will be liable to us and indemnify us if any of the warranties in section 17.2.1 & 17.2.2 are untrue. This means that you will be responsible for any loss or damage we suffer because of any warranty being untrue; 

17.2.4 We are not responsible for and do not endorse any aspect of any “Content” posted by you or any other “Fan”. We do not have any obligation to monitor any “Content” and have no direct control over what your “Content” may compromise; 

17.2.5 You acknowledge that you are aware that some “Content” on the “Platform” contains material that you do not agree with, or may be classified as 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;

17.3 “Fans who are also “Creators”

If you are also a “Creator”, then the specific terms outlined in section 16 of the Terms of Service and our “Acceptable use Policy” will apply to you as a “Creator”. 

18. Complaints Policy

18.1 Whether or not you have an “Account” on the “Platform”, you can use this Complaints Policy to alert us to any complaint relating to the “Platform”. If you have a complaint about the “Platform” including any complaint about “Content” appearing on the “Platform” or conduct of a “Creator” or “Fan”, please send your complaint to support@fans2.me. Please include your name, address, contact details, and a description of your complaint. If your complaint relates to “Content”, please include the URL for the “Content” to which your complaint relates; 

18.2 Following the receipt of your complaint:

18.2.1 Our customer service team will take steps we consider to be appropriate to investigate your complaint within a timeframe which is appropriate to the nature of your complaint;

18.2.2 If during the course of our investigation we require further information or documents from you, we will contact you to let you know;

18.2.3 We will in good faith take such actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about “Content” on the “Platform” and we are satisfied that the “Content” is unlawful or otherwise breaches Terms of Service, we will act quickly to remove such “Content”. We are not obligated to inform you of the outcome of your complaint;

18.3 Unjustified or abusive complaints

If you are a “Fan” or a “Creator” of the “Platform”, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your “Account”. 

 

19. Contact Us

If you have any questions or suggestions regarding our Terms of Service, or any of our other policies, please contact us at support@fans2.me, or visit https://support.fans2.me/.

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