CREATOR AGREEMENT

Last Update: 23.07.2023

1. Introduction

This agreement outlines the rights and responsibilities of Content Creators (hereinafter "Creators") when registering with and using FansyMe. By using FansyMe, you acknowledge and accept the supplementary terms governing your usage, including the Terms of Service, Privacy Policy, and Cookies Policy. 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. User Certifications

By registering on FansyMe, you represent and warrant that:

• All registration and profile information, as well as content you provide, is complete, truthful, and accurate.
• You are at least 18 years old and will provide proof of age if required.
• You are responsible for keeping your password and account confidential.
• You will not engage in illegal activities or violate the standards outlined in the Acceptable Use Policy.
• You will use caution when accessing your account from public or shared computers.
• You are responsible for all activities under your account and will promptly notify FansyMe of any unauthorized use or security breach.
• You will not use anyone else’s account.
• You are creating the account for your personal use and will not sell, rent, or transfer it to any third party.
• You have the authority to grant the licenses stipulated in these Terms and bind any business or entity if using FansyMe on their behalf.

3. Liability for Account Misuse

FansyMe will not be liable for any loss due to unauthorised use of your password or account, whether with or without your knowledge. You may be held liable for losses incurred by FansyMe or others due to unauthorized account use.

4. Account Security

FansyMe prioritises the security of your personal information but cannot guarantee that unauthorized third parties will never bypass security measures. You acknowledge that providing personal information is at your own risk.

5. Individual Liability of Creators

Only individuals can be Creators. If you use third-party services for your account, you remain legally responsible for compliance with the Terms of Service.

6. Content Ownership and License

As the creator, you retain full ownership rights to all the images you upload. By uploading images that are designated as free and public, you grant FansyMe a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display these images. This license is strictly for the purpose of promoting FansyMe and its direct business activities and will not extend to any third-party businesses. All content must comply with our Terms of Service and be of satisfactory quality. Additionally, you are responsible for ensuring that you have all necessary rights and permissions for any third-party materials included in your content.

7. Compensation and Payment Terms

• Revenue Share: FansyMe retains a 20% commission from gross revenue; Creators receive 80% as Net Revenue.
• Payment Schedule: Payments are made according to FansyMe's schedule and may be subject to deductions for transaction fees, taxes, or other charges.
• Payment Processing: FansyMe may use third-party processors and Creators must provide accurate payment information.
• Payment Disputes: Disputes must be reported in writing with supporting documentation for review and resolution.
• Taxes: Creators are responsible for any taxes related to their compensation.
• Changes to Compensation: FansyMe may modify the commission or payment terms with reasonable notice.
• No Other Compensation: Except as specified, no additional compensation is provided.
• Currency and Conversion: Payments are made in USD, with conversions at prevailing rates if needed.
• Non-Transferability: Payment rights are personal and non-transferable.
• Records and Audit: FansyMe will maintain records, and Creators may request audits subject to FansyMe's verification processes.

8. Content Deletion Policy

If you delete content while users are subscribed and have paid for access, adjustments to payouts may occur. Deleting content under these circumstances is a violation of our Terms.

9. Acceptable Use Policy

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 activity suggesting or potentially causing bodily harm through sexual actions, including the use of tools or implements, is strictly prohibited
• 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.

b) Violations of Prohibited Uses
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.

d) Reporting Violative Content and Activities
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. Safe Content Policy

We take protecting young users and maintaining a safe online environment seriously. We will ensure that any reported complaint is resolved, and a response is provided to the requestor within 7 business days or sooner.

For detailed information on our age verification processes, content moderation practices, and user reporting mechanisms, please visit our dedicated Safe Content Policy page.

if you wish to make a report right now, please click here.

11. 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. Violation of Creator Agreement

a) Violation of Creator Agreement

If a Creator does not adhere to the rules and guidelines, FansyMe may take actions such as suspending the Creator's account or removing content.

b) Assessment of Violations

Violations will be assessed based on type and severity. Compensation fees may be charged for serious violations, including:

• Unauthorized Use of Intellectual Property
• Impersonation
• Fraudulent Activity

c) Compensation for Violations

FansyMe may charge a compensation fee to cover administrative costs, based on:

• The severity and nature of the violation.
• The time and resources required for resolution.
• A flat fee of $300 for minimal administrative effort or an hourly rate of $30 for complex cases.

d) Fee Structure

• Flat Fee: $300
• Hourly Rate: $50 per hour for complex cases.

e) Collection of Compensation

Fees will be deducted from the Creator’s balance or invoiced directly. Payment is due within 14 days of receiving the invoice.

f) Appeal Process

Creators may appeal fees they believe are unjust by submitting a written appeal within 14 days of fee notification, including relevant evidence.

g) Further Legal Actions

FansyMe reserves the right to pursue additional legal actions for damages resulting from violations.

13. Co-Authored Content

For content depicting third parties:

• Tag or provide documentation confirming identity, age, and consent.
• Keep records of identification, proof of age, consent for publication, and distribution.
• FansyMe is not liable for Co-Authored Content. Claims must be made against the involved parties, not FansyMe.

14. Severability Clause

If any provision is found invalid or unenforceable, the remaining provisions will remain valid and enforceable.

15. Choice of Law and Jurisdiction Clause

The following choice of law and jurisdiction clause governs all our legal transactions:

a) 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.

b) Protection of User Rights

This choice of law clause does not limit or affect any favorable or obligatory rights of users under applicable laws.

c) 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.

By continuing to use the FansyMe platform and accepting payment, you acknowledge your understanding and acceptance of these Terms.