Creator Agreement
Last Update: 24.05.2023
CREATOR AGREEMENT
This agreement 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.
By utilizing FansyMe, you acknowledge and accept the following supplementary terms that govern your usage:
Terms of Service
Privacy Policy
Cookies Policy
FansyMe reserves the right to modify or change the content creator agreement at its sole discretion and at any time. Any modification or change to this agreement 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.
Introduction
Fansyme.com is a website where fans can subscribe to creators (“content creators”). Creators can earn money by subscriptions, receiving tips or paid per view (PPV) content. Our site exists as a resource for creators to publish their content (photos, videos and more), which then can be purchased or subscribed to by fans (“Users”) and or other content creators.
User Certifications
By registering and creating an account on FansyMe, you represent and warrant that:
FansyMe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by FansyMe or another party due to someone else using your account or password.
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
Individual Liability of Creators
Only individuals are eligible to be Creators, and as a Creator, you are personally bound by the Terms of Service. If you engage the services of an agent, agency, management company, or any other third party to assist with the operation of your Creator account or act on your behalf, it does not absolve you of your personal legal responsibility. Our relationship is directly with you, and not with any third party. Therefore, it is your sole legal obligation to ensure that all Content posted and any use of your account fully complies with the Terms of Service.
Content Ownership:
You retain all ownership rights to content uploaded to the Website. You represent and warrant that you own, have a licence or otherwise control all rights in your user content.
The content you provide is not considered confidential, and you grant permission for your fans to access and view it on FansyMe for their lawful and personal use, in accordance with any licenses you may grant to them.
The content fully complies with our Terms of Service, particularly our Acceptable Use Policy.
You possess all the necessary rights to license and distribute your content on FansyMe, worldwide.
You either own the content and all associated intellectual property rights, or you possess a valid license to offer and provide the content to your fans.
If your content includes or incorporates any third-party materials, you have obtained all required rights, licenses, written consents, and releases for their use in your content on FansyMe, as well as for the subsequent use and exploitation of said content.
The content meets the following criteria:
Please be aware that we do not assume responsibility for, nor do we endorse, any aspect of the content posted by you or any other user of FansyMe. We shall not be obliged to monitor any content, and we maintain no direct control over the composition or nature of your content.
As a condition of using FansyMe, you also agree to act as the custodian of records for the Content that you upload onto the platform.
Content Licence:
By submitting content to the Website, you hereby grant FansyMe a worldwide, nonexclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and the FansyMe’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels. We agree to not use any content that is behind a paywall, except for personally identifiable information covered under our Privacy Policy. We have no obligation to your user content. Any use or publication on FansyMe is in accordance with these Terms.
Content Deletion Policy
If a creator deletes all of their content while users are currently subscribed and have paid for access, this may result in adjustments to payouts. Users have paid for access to that content, and deleting it while users are still subscribed is considered a violation of our terms of service. We reserve the right to take action, including adjustments to payouts or other measures, to ensure that our users receive fair compensation.
Compensation and Payment Terms
Revenue Share: The Parties agree that FansyMe shall be entitled to retain a 20% commission (the "Commission") from the gross revenue generated by the Creator through the platform. The Creator shall receive the remaining 80% (the "Net Revenue") as their compensation for the content provided on FansyMe.
Payment Schedule: Payment to the Creator shall be made on a regular basis, in accordance with FansyMe's payment schedule. The specific payment schedule and methods shall be determined by FansyMe at its sole discretion and communicated to the Creator. It is understood that FansyMe may deduct any applicable transaction fees, taxes, or other charges from the Creator's Net Revenue before making the payment.
Payment Processing: FansyMe shall be responsible for processing the payments to the Creator. The Creator acknowledges and agrees that FansyMe may engage the services of third-party payment processors to facilitate the payment transactions. The Creator shall provide accurate and up-to-date payment information to FansyMe to ensure timely and accurate payment.
Payment Disputes: In the event of any dispute regarding the calculation or payment of the Net Revenue, the Creator shall promptly notify FansyMe in writing, providing detailed information and supporting documentation related to the dispute. FansyMe shall review the dispute in good faith and, if necessary, undertake appropriate actions to resolve the matter in a fair and reasonable manner.
Taxes: The Creator acknowledges and agrees that they are solely responsible for any taxes or duties applicable to the compensation received from FansyMe. The Creator shall comply with all applicable tax laws and regulations and shall bear any tax liability arising from their participation on the platform.
Changes to Compensation: FansyMe reserves the right to modify the Commission percentage or payment terms upon providing reasonable notice to the Creator. The Creator's continued use of the platform following such notice shall constitute their acceptance of the modified compensation terms.
No Other Compensation: Except as expressly provided in this agreement, the Creator acknowledges that they shall not be entitled to any additional compensation, royalties, or remuneration from FansyMe, unless otherwise agreed upon in writing by the Parties.
Currency and Conversion: All payments and calculations under this agreement shall be made in the currency determined by FansyMe (mainly USD). If any currency conversion is required, it shall be done at the prevailing exchange rates as determined by FansyMe or its payment processors.
Non-Transferability: The Creator's right to receive compensation from FansyMe is personal and non-transferable. The Creator shall not assign, transfer, or encumber their payment rights under this agreement without the prior written consent of FansyMe.
Records and Audit: FansyMe shall maintain accurate records of the Creator's earnings and payments. Upon reasonable notice, the Creator may request an audit of their account, subject to FansyMe's verification processes. Any discrepancies or errors discovered as a result of the audit shall be rectified in accordance with FansyMe's policies and procedures.
Co-Authored Content:
As a Creator, you may share content that depicts other third parties ("Co-Authored Content"), only if:
We are not liable for any Co-Authored Content. You agree to release us, and hold us harmless from any claims arising from Co-Authored-Content. Claims shall be made against the parties participating and not against us.
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.
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.
CREATOR AGREEMENT
This agreement 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.
By utilizing FansyMe, you acknowledge and accept the following supplementary terms that govern your usage:
Terms of Service
Privacy Policy
Cookies Policy
FansyMe reserves the right to modify or change the content creator agreement at its sole discretion and at any time. Any modification or change to this agreement 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.
Introduction
Fansyme.com is a website where fans can subscribe to creators (“content creators”). Creators can earn money by subscriptions, receiving tips or paid per view (PPV) content. Our site exists as a resource for creators to publish their content (photos, videos and more), which then can be purchased or subscribed to by fans (“Users”) and or other content creators.
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 must be at least 18 years old, and you will be required to confirm this by providing documents to proof your age
- you are responsible for keeping your password and account confidential
- you must not engage in any illegal activity or otherwise violate the standards pointed out in the Acceptable Use Policy section in our Terms of Service
- 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
FansyMe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by FansyMe or another party due to someone else using your account or password.
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
Individual Liability of Creators
Only individuals are eligible to be Creators, and as a Creator, you are personally bound by the Terms of Service. If you engage the services of an agent, agency, management company, or any other third party to assist with the operation of your Creator account or act on your behalf, it does not absolve you of your personal legal responsibility. Our relationship is directly with you, and not with any third party. Therefore, it is your sole legal obligation to ensure that all Content posted and any use of your account fully complies with the Terms of Service.
Content Ownership:
You retain all ownership rights to content uploaded to the Website. You represent and warrant that you own, have a licence or otherwise control all rights in your user content.
The content you provide is not considered confidential, and you grant permission for your fans to access and view it on FansyMe for their lawful and personal use, in accordance with any licenses you may grant to them.
The content fully complies with our Terms of Service, particularly our Acceptable Use Policy.
You possess all the necessary rights to license and distribute your content on FansyMe, worldwide.
You either own the content and all associated intellectual property rights, or you possess a valid license to offer and provide the content to your fans.
If your content includes or incorporates any third-party materials, you have obtained all required rights, licenses, written consents, and releases for their use in your content on FansyMe, as well as for the subsequent use and exploitation of said content.
The content meets the following criteria:
- It is of satisfactory quality, considering factors such as its description, price, and any relevant circumstances, including statements or representations made by you regarding its nature on your account or in any advertising.
- It is reasonably suitable for the purpose communicated by the fan when using the content.
- It aligns with the description provided by you.
Please be aware that we do not assume responsibility for, nor do we endorse, any aspect of the content posted by you or any other user of FansyMe. We shall not be obliged to monitor any content, and we maintain no direct control over the composition or nature of your content.
As a condition of using FansyMe, you also agree to act as the custodian of records for the Content that you upload onto the platform.
Content Licence:
By submitting content to the Website, you hereby grant FansyMe a worldwide, nonexclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and the FansyMe’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels. We agree to not use any content that is behind a paywall, except for personally identifiable information covered under our Privacy Policy. We have no obligation to your user content. Any use or publication on FansyMe is in accordance with these Terms.
Content Deletion Policy
If a creator deletes all of their content while users are currently subscribed and have paid for access, this may result in adjustments to payouts. Users have paid for access to that content, and deleting it while users are still subscribed is considered a violation of our terms of service. We reserve the right to take action, including adjustments to payouts or other measures, to ensure that our users receive fair compensation.
Compensation and Payment Terms
Revenue Share: The Parties agree that FansyMe shall be entitled to retain a 20% commission (the "Commission") from the gross revenue generated by the Creator through the platform. The Creator shall receive the remaining 80% (the "Net Revenue") as their compensation for the content provided on FansyMe.
Payment Schedule: Payment to the Creator shall be made on a regular basis, in accordance with FansyMe's payment schedule. The specific payment schedule and methods shall be determined by FansyMe at its sole discretion and communicated to the Creator. It is understood that FansyMe may deduct any applicable transaction fees, taxes, or other charges from the Creator's Net Revenue before making the payment.
Payment Processing: FansyMe shall be responsible for processing the payments to the Creator. The Creator acknowledges and agrees that FansyMe may engage the services of third-party payment processors to facilitate the payment transactions. The Creator shall provide accurate and up-to-date payment information to FansyMe to ensure timely and accurate payment.
Payment Disputes: In the event of any dispute regarding the calculation or payment of the Net Revenue, the Creator shall promptly notify FansyMe in writing, providing detailed information and supporting documentation related to the dispute. FansyMe shall review the dispute in good faith and, if necessary, undertake appropriate actions to resolve the matter in a fair and reasonable manner.
Taxes: The Creator acknowledges and agrees that they are solely responsible for any taxes or duties applicable to the compensation received from FansyMe. The Creator shall comply with all applicable tax laws and regulations and shall bear any tax liability arising from their participation on the platform.
Changes to Compensation: FansyMe reserves the right to modify the Commission percentage or payment terms upon providing reasonable notice to the Creator. The Creator's continued use of the platform following such notice shall constitute their acceptance of the modified compensation terms.
No Other Compensation: Except as expressly provided in this agreement, the Creator acknowledges that they shall not be entitled to any additional compensation, royalties, or remuneration from FansyMe, unless otherwise agreed upon in writing by the Parties.
Currency and Conversion: All payments and calculations under this agreement shall be made in the currency determined by FansyMe (mainly USD). If any currency conversion is required, it shall be done at the prevailing exchange rates as determined by FansyMe or its payment processors.
Non-Transferability: The Creator's right to receive compensation from FansyMe is personal and non-transferable. The Creator shall not assign, transfer, or encumber their payment rights under this agreement without the prior written consent of FansyMe.
Records and Audit: FansyMe shall maintain accurate records of the Creator's earnings and payments. Upon reasonable notice, the Creator may request an audit of their account, subject to FansyMe's verification processes. Any discrepancies or errors discovered as a result of the audit shall be rectified in accordance with FansyMe's policies and procedures.
Co-Authored Content:
As a Creator, you may share content that depicts other third parties ("Co-Authored Content"), only if:
- you tag the depicted Creator(s) in the content, or otherwise submit documentation confirming identity, age and consent to publication on FansyMe
- you have obtained and keep written records of government issued identification information, proof of age and consent from all persons depicted in such content
- you have obtained and keep written records of consent that the content will be made available to download by other users on FansyMe
- you have obtained and keep written records of consent for public distribution on FansyMe.com
We are not liable for any Co-Authored Content. You agree to release us, and hold us harmless from any claims arising from Co-Authored-Content. Claims shall be made against the parties participating and not against us.
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.
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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