Terms of Service
Last Update: 17.10.2024
INTERPRETATION
In these terms and conditions, the following terms have the following meanings:
1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). This contract sets out your rights and responsibilities by which you abide when registering with and using FansyMe. If you do not agree with these Terms or do not comply with its provisions, you must not access or use FansyMe. We may change these Terms on one or more occasions. You can see the latest change stated at the top of the page. Ongoing disputes will not be affected by these changes if they happened before the posted changes. FansyMe will try to notify you when changes to these Terms are made, but does not assume an obligation to do so. If you continue to use FansyMe after changes to the Terms have been made, you agree to the revised agreement. If you choose to disagree you must stop using FansyMe.
FansyMe reserves the right to modify or change the Terms of Use at its sole discretion and at any time. Any modification or change to these Terms of Use will be effective immediately upon posting. In the event of material changes, FansyMe will notify you through the Service or via electronic mail. The determination of what constitutes a material change or modification will be made by FansyMe using reasonable judgment and common sense.
By continuing to use the FansyMe platform and accepting payment, the Creator and/or user acknowledges their understanding and acceptance of these Terms.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
2. LICENSE
2.1 License Grant: FansyMe hereby grants you a nonexclusive, nontransferable, non-sublicensable licence to access the Website and its content for your personal and noncommercial use in accordance with this agreement. By “access”, FansyMe means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
2.2 Licence Restrictions: The licence granted in section 2.1 does not include any of the following:
3. FANSYME’S INTELLECTUAL-PROPERTY RIGHTS
3.1 Ownership of Website: Unless otherwise indicated in this agreement or on the Website, the FansyMe owns or has a licence to use: (a) the Website, including its past, present, and future versions; (b) all web pages found within the Website; (c) all the material and information on the Website; (d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and (e) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
3.2 Trademarks: FansyMe’s name, logos, domain names, and the term FANSYME, are FansyMe’s trademarks, and must not be copied, imitated, or used, in whole or in part, without FansyMe’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of FansyMe, and must not be copied, imitated, or use, in whole or in part, without FansyMe’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with FansyMe, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to FansyMe and its licensors, without advanced written permission from FansyMe or the third party who may own the mark.
4. ACCOUNTS
4.1 Fans: To register an account with FansyMe as a Fan, you must provide a valid email address, username and password. If you desire to purchase content or subscribe to creators, you will need to add a valid payment method. FansyMe does not store any payment information.
4.2 Creators: You must complete the registration process by providing FansyMe with accurate information as prompted by the applicable registration form. You must be approved by the Company in our sole and absolute discretion. If you desire to sell any content on FansyMe, you will need to be verified proving your age (must be 18 years) by providing government documentation and adding a verified bank account and/or other payout methods provided.
Furthermore, by signing up as a creator on FansyMe, you acknowledge and agree that you must have proper work rights in the country you are located. This includes, but is not limited to, possessing valid work permits or visas, if applicable. You are responsible for ensuring that you have the necessary legal permissions to engage in the activities offered on FansyMe. This may include obtaining tax identification numbers and complying with local tax laws and regulations.
FansyMe reserves the right to verify your compliance with these requirements at any time and may request additional documentation or information to confirm your eligibility to use the platform as a creator. Failure to comply with these requirements may result in the suspension or termination of your account without prior notice.
By continuing to use FansyMe as a creator, you affirm that you have read, understood, and agree to abide by these terms regarding registration, verification, and compliance with work rights and legal obligations.
4.3 User Certifications: By registering and creating an account on FansyMe, you represent and warrant that:
4.5 Account Security: FansyMe cares about the integrity and security of your personal information. But FansyMe cannot guarantee that unauthorised third parties will never be able to defeat the Website’s security measures or use any personal information you provide to FansyMe for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. TRANSACTIONS:
All interactions and transactions related to Content on FansyMe are agreements between Fans and FansyMe. We store the Content and facilitate transactions, making FansyMe the contractual party in all such agreements. By engaging in any transaction on FansyMe, you agree that the contract is between you (the Fan) and FansyMe. The creators provide content at their discretion to the provider. Therefore, the provider typically has no influence over the type, amount, frequency, or quality of the content delivered by a creator to the provider.
Fan Payments do not include VAT, which will be added at the applicable current rate (if applicable).
To engage in a transaction on FansyMe, you must first add a payment card to your account or add funds to your wallet and then click the "Subscribe" button on the Creator's profile.
By providing your payment card details, you authorise us and our subsidiary companies to share the information with a third-party payment provider for processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may impose currency conversion fees, for which FansyMe has no control or responsibility.
5.1 Subscriptions / Periodic Payments: The payment provider will initiate periodic payments from your payment card for Subscription-based Fan Payments and immediate payments for other types of Fan Payments (including Pay-Per-View and tips to Creators). You authorise and consent to the debiting of these payments using your provided payment card details.
Except for free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the subscription period, unless your payment card is declined, the Subscription price has increased, or you have cancled the Subscripton on the Creator's profile.
If you cancel a Subscription, you will retain access to the relevant Creator's Content until the end of the subscription period in which you canceled. Subsequently, no further payments will be deducted from your payment card for subscriptions to that Creator's profile (unless you choose to purchase a new Subscription), and you will no longer have access to the relevant Creator's Content.
5.2 Important Note Regarding Pay-Per-View (PPV) Content: In the event that a Creator you purchased PPV content from deletes their account, you will still have access to that specific PPV content for a period of six (6) months from the date of purchase. After 6 months, the PPV content will be automatically deleted from your account.
5.3 Refunds: You agree not to make unjustified refund requests for any Fan/Creator Transaction or tip to a Creator. Tips are considered final and non-refundable. You also agree not to initiate unwarranted chargebacks with your payment card provider concerning such transactions. If we determine that you made a refund or chargeback request in bad faith, we reserve the right to suspend or delete your User account.
5.4 Wallet Credits: FansyMe offers the option to prepay funds (Wallet Credits) that can be used for Fan Payments. Purchases on FansyMe cannot be split. If your purchase exceeds your remaining Wallet Credits, your payment card will be charged the full amount.
5.4.1 Wallet Credit Limits: We set a maximum limit for Wallet Credits. No interest accrues on them.
5.4.2 Refunds for Unused Wallet Credits: The refund policy for unused Wallet Credits is determined by local law. In the case of Germany, FansyMe will comply with applicable consumer protection regulations regarding virtual wallets.
5.5 Account Reactivation: If a user makes any purchase or deposit, their account will be set to active again, overriding any prior deletion request. This includes subscriptions, pay-per-view content, tips, pay per message or any other form of monetary transaction through the platform.
Fans engaging in Fan/Creator Transactions understand and acknowledge that Creators retain the right to add or remove Content from their Creator account at their sole discretion. Creators have the freedom to determine the type of Content they make available on their account. Furthermore, Fans participating in Fan/Creator Transactions recognize that certain circumstances may prevent access to the Relevant Content specified in the transaction, including:
6. PURCHASE OF PRODUCTS IN THE SHOP / MARKETPLACE
6.1 Seller's Responsibility for Content and Compliance
6.1.1 Content Requirements: Sellers are strictly prohibited from uploading content, including images and texts, that contain or suggest adult content rated FSK 18. All content must be appropriate for all audiences and must not violate third-party rights or any relevant laws, regulations, or ethical standards.
6.1.2 Prohibition of AI-Generated Content: The use of AI-generated images, including deepfakes and other manipulations, is strictly prohibited. All photos and content must be authentic. Standard photo editing (e.g., for brightness and contrast) is allowed only if it does not alter the fundamental authenticity of the photo.
6.1.3 Transfer of Rights: Sellers grant FansyMe all necessary rights, including copyrights, related rights, and trademarks, to use the content for contractual purposes. This includes the right to reproduce, distribute, broadcast, and publicly display the content across all media channels.
6.1.4 Verification and Monitoring: Sellers are responsible for ensuring the accuracy, legality, and virus-free status of their content. Although FansyMe is not obligated to monitor content, it reserves the right to remove any content that violates these terms.
6.1.5 Liability and Indemnification: Sellers assume full responsibility for their content and must indemnify FansyMe against any third-party claims resulting from the provision of illegal or inappropriate content, including breaches of competition, criminal, or copyright laws. Sellers are also liable for damages caused by content infected with viruses or similar threats.
6.2 Sale and Delivery of Products
6.2.1 Product Offerings: FansyMe provides a platform for creators to sell digital and physical products.
6.2.2 Seller’s Responsibility for Shipping and Packaging: Sellers must ensure that all goods are securely and appropriately packaged to prevent damage during shipping. For items such as worn lingerie, it is crucial that they are packaged in a secure and airtight manner to prevent contamination. This measure is essential to maintain product hygiene and to ensure that the shipping service provider is not exposed to any potential health risks. Sellers are responsible for arranging safe and timely delivery to buyers. Shipping costs will be added to the product price.
6.2.3 Compliance with Laws: Sellers must ensure that all goods and services comply with all local, state, and federal laws regarding their sale and delivery in both the seller's and buyer's locations.
6.2.4 Order Process: Users can purchase products by clicking "Buy Now" and completing the checkout process. The total cost, including shipping and VAT, will be displayed. Payment must be made using one of the available methods.
6.2.5 Binding Offers and Order Confirmation: The product offers in the shop/marketplace are not binding. A user's order constitutes a binding offer, which the creator may accept or reject. Upon submission, creators receive an email and site notification confirmation. If not accepted within three business days, the order is refunded. Accepted orders must be shipped within seven business days.
6.3 Customer Service and Liability
6.3.1 Customer Service: For questions, complaints, or claims regarding physical products, customer service is available via email at [email protected], Monday to Friday.
6.3.2 Limitation of Liability for FansyMe: FansyMe provides a marketplace but is not a party to the sales contracts between creators and buyers. FansyMe is not responsible for transactions or any issues arising from them.
6.3.3 Sales Contracts and User Responsibility: Contracts are directly between sellers and buyers. FansyMe does not act as a contracting party or representative in these transactions. Users are responsible for fulfilling their own contractual obligations.
6.3.4 Refund Policy: FansyMe accepts payments in cryptocurrencies, with refunds issued in euros (EUR) based on the value at the time of reimbursement. Refunds are processed via bank transfer, and FansyMe is not liable for any losses due to cryptocurrency price fluctuations.
6.4 Risk of Infection
6.4.1 No Germ-Free Guarantee: FansyMe cannot guarantee that worn lingerie will be free of germs or other pathogens. As a result, we strongly advise customers to handle such products with care and maintain proper hygiene practices.
6.4.2 Handling and Hygiene: Customers are advised to handle lingerie and other personal items carefully and hygienically.
6.4.3 Liability Limitation: FansyMe assumes no liability for any infections or health issues that may arise from the use of worn lingerie or similar products purchased through our platform. Customers purchase these items at their own risk and are responsible for any necessary sanitation measures.
6.4.4 Compliance with Health Regulations: By purchasing worn lingerie, customers acknowledge and accept that such items may not meet specific health and safety standards required for new or unused goods. It is the customer's responsibility to ensure they follow all relevant health regulations and guidelines.
6.4.5 Returns and Exchanges: Due to hygiene concerns, returns and exchanges of worn lingerie are not accepted. Customers should carefully review product descriptions and seller information before making a purchase.
7. PAID SERVICES
7.1 In General: The Website is a social media platform that lets you subscribe to an creator’s profile or third-party social media account to view the creator’s photos, videos, and posts as well as to interact with the creator in exchange for a one-time or recurring fee. Creators set their own pricing. It is your responsibility to check the price before subscribing or making a purchase. Unless the payment page indicates otherwise, pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. FansyMe does not provide price protection or refunds in the event of a price reduction or promotional offering.
7.2 Payment: You must prepay for any subscription that you order. FansyMe accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with FansyMe or a third party, that governs your use of a given payment method. FansyMe will charge your credit card or other form of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. For more information and support on our payment providers, please visit https://fansyme.com/p/billing-help.
7.3 Recurring Billing: If you purchase any automatically renewing subscriptions, you hereby authorise FansyMe or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and FansyMe is unable to charge you on the next billing period, FansyMe may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, FansyMe may cancel your subscription.
7.4 Taxes: If FansyMe is required to collect or pay any taxes in connection with your purchase of a subscription, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
7.5 Billing Errors: FansyMe will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify FansyMe promptly. If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, FansyMe has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify FansyMe of the error within three months after you receive the bill in which the error first appears. You hereby release FansyMe from any liability for any error that you do not report to FansyMe within three months after you receive the bill in which the error first appeared.
7.6 Unused Credit: Unused credits purchased by the user will be refunded in compliance with applicable local consumer protection laws, provided that the credits have not been used for any purchases such as pay per view, subscription, pay per message, video chat, or similar services. Additionally, if local consumer protection laws do not apply, the credits cannot be redeemed for cash or any other form of compensation. Furthermore, if the user requests the deletion of their account, they forfeit any rights to the unused credits.
8. USER CONDUCT
You must not engage in any of the following prohibited activities:
10. Acceptable Use Policy
10.1 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 authorization, you will not:
10.3 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:
10.5 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.
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.
FansyMe shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the website.
14. INDEMNIFICATION
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify FansyMe from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
15. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
16. GDPR
This GDPR policy ensures FansyMe:
16.2 Lawfulness of processing conditions: Under the GDPR, there is a requirement to have a valid lawful basis in order to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR: (a) Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose (b) Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract (c) Legal obligation: processing is necessary for compliance with a legal obligation (d) Vital interests: processing is necessary to protect the vital interests of a data subject or another individual (e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (f) Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
16.3 Your rights under the GDPR: The GDPR provides the following rights for individuals:
1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object;
8. Rights in relation to automated decision making and profiling.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be construed in accordance with the laws in Germany, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
18. LINKS FROM THE WEBSITE
The site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practises of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the site, you expressly relieve us from any and all liability arising from your use of any third party website.
19. SEVERABILITY
Any part, provision, representation or warranty of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
20. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
21. SAFE CONTENT POLICY AND REPORTING
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.
22. USE OF AI SERVICES FOR CONTENT MODERATION
22.1 Automated Moderation: Our platform uses automated systems provided by third-party services, such as Sightengine, to review user-uploaded content. By using our platform, you consent to the processing of your content URLs by these systems for the purpose of moderation.
22.2 GDPR Compliance: Sightengine complies with GDPR regulations, as detailed in their Terms of Use and Data Processing Addendum.
22.3 User Responsibility: Users are responsible for ensuring that the content they upload complies with our community guidelines and applicable laws. The use of automated moderation tools does not absolve users from this responsibility.
22.4 Limitation of Liability: While we strive to use reputable and accurate third-party services, we do not guarantee the accuracy, reliability, or availability of the automated moderation results. We disclaim any liability for errors or issues arising from the use of these services.
23. 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.
24. CHOICE OF LAW AND JURISDICTION CLAUSE
The following choice of law and jurisdiction clause governs all our legal transactions:
24.1 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.
24.2 Protection of User Rights: This choice of law clause does not limit or affect any favorable or obligatory rights of users under applicable laws.
24.3 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.
By continuing to use the FansyMe platform and accepting payment, you acknowledge your understanding and acceptance of these Terms.
INTERPRETATION
In these terms and conditions, the following terms have the following meanings:
- “Creator” means a user who uploads content on the website to be viewed by other users.
- “Fan” means a person who follows a creator and views the creator’s content.
- "You/User" refers to all users, whether Creators or Fans
- "Seller" refers to all age verified Creators
- "Buyer" refers to all users, whether Creators or Fans
- "Content" means any material uploaded to FansyMe by any User (whether a Creator or a Fan), including photos, videos, audio, livestream material, data, text (such as comments) and any other material whatsoever
- “FansyMe” means the social network of users operating on the website which enables users to provide and view user content and where appropriate.
- “Payment Provider” means any third party approved by FansyMe which enables a user to make payments or a creator to receive payment;
- “User Account” means the section on the website which can only be accessed by FansyMe or the user which details the payment provider.
- “User Content” means any and all photos, videos and other material or facility uploaded onto the website by a creator.
- “Website” means the website at www.fansyme.com
- "The Provider" means the website www.fansyme.com
1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). This contract sets out your rights and responsibilities by which you abide when registering with and using FansyMe. If you do not agree with these Terms or do not comply with its provisions, you must not access or use FansyMe. We may change these Terms on one or more occasions. You can see the latest change stated at the top of the page. Ongoing disputes will not be affected by these changes if they happened before the posted changes. FansyMe will try to notify you when changes to these Terms are made, but does not assume an obligation to do so. If you continue to use FansyMe after changes to the Terms have been made, you agree to the revised agreement. If you choose to disagree you must stop using FansyMe.
FansyMe reserves the right to modify or change the Terms of Use at its sole discretion and at any time. Any modification or change to these Terms of Use will be effective immediately upon posting. In the event of material changes, FansyMe will notify you through the Service or via electronic mail. The determination of what constitutes a material change or modification will be made by FansyMe using reasonable judgment and common sense.
By continuing to use the FansyMe platform and accepting payment, the Creator and/or user acknowledges their understanding and acceptance of these Terms.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
2. LICENSE
2.1 License Grant: FansyMe hereby grants you a nonexclusive, nontransferable, non-sublicensable licence to access the Website and its content for your personal and noncommercial use in accordance with this agreement. By “access”, FansyMe means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
2.2 Licence Restrictions: The licence granted in section 2.1 does not include any of the following:
- resale or commercial use of the Website;
- distribution, public performance, or public display of the Website or the content;
- changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless the FansyMe specifically authorises the change or derivative use in a separate written agreement with you;
- use of any data mining, robots, or similar gathering or extraction methods;
- downloading (other than webpage caching) any part of the Website or the content except as permitted on the Website; or
- any other use of the Website or the content other than for its intended purpose.
3. FANSYME’S INTELLECTUAL-PROPERTY RIGHTS
3.1 Ownership of Website: Unless otherwise indicated in this agreement or on the Website, the FansyMe owns or has a licence to use: (a) the Website, including its past, present, and future versions; (b) all web pages found within the Website; (c) all the material and information on the Website; (d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and (e) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website. Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
3.2 Trademarks: FansyMe’s name, logos, domain names, and the term FANSYME, are FansyMe’s trademarks, and must not be copied, imitated, or used, in whole or in part, without FansyMe’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of FansyMe, and must not be copied, imitated, or use, in whole or in part, without FansyMe’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with FansyMe, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to FansyMe and its licensors, without advanced written permission from FansyMe or the third party who may own the mark.
4. ACCOUNTS
4.1 Fans: To register an account with FansyMe as a Fan, you must provide a valid email address, username and password. If you desire to purchase content or subscribe to creators, you will need to add a valid payment method. FansyMe does not store any payment information.
4.2 Creators: You must complete the registration process by providing FansyMe with accurate information as prompted by the applicable registration form. You must be approved by the Company in our sole and absolute discretion. If you desire to sell any content on FansyMe, you will need to be verified proving your age (must be 18 years) by providing government documentation and adding a verified bank account and/or other payout methods provided.
Furthermore, by signing up as a creator on FansyMe, you acknowledge and agree that you must have proper work rights in the country you are located. This includes, but is not limited to, possessing valid work permits or visas, if applicable. You are responsible for ensuring that you have the necessary legal permissions to engage in the activities offered on FansyMe. This may include obtaining tax identification numbers and complying with local tax laws and regulations.
FansyMe reserves the right to verify your compliance with these requirements at any time and may request additional documentation or information to confirm your eligibility to use the platform as a creator. Failure to comply with these requirements may result in the suspension or termination of your account without prior notice.
By continuing to use FansyMe as a creator, you affirm that you have read, understood, and agree to abide by these terms regarding registration, verification, and compliance with work rights and legal obligations.
4.3 User Certifications: By registering and creating an account on FansyMe, you represent and warrant that:
- all account registration and profile information as well as content you provide is your own and is complete, truthful and accurate
- you are responsible for keeping your password and account confidential
- you use particular caution when accessing your account from a public or shared computer, so that others are not able to access, view or record your password and other personal information
- you are responsible for all activities that occur under your account
- you must notify FansyMe promptly of any unauthorised use of your account or any other security breach
- you must not use anyone else’s account at any time
- if you previously had an account with Fansyme, your old account was not terminated or suspended by FansyMe for violation of this agreement
- you are creating an account for your own personal use and you will not sell, rent, or transfer your account to any third party
- you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms, if you are using FansyMe on behalf of a business or other entity
4.5 Account Security: FansyMe cares about the integrity and security of your personal information. But FansyMe cannot guarantee that unauthorised third parties will never be able to defeat the Website’s security measures or use any personal information you provide to FansyMe for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. TRANSACTIONS:
All interactions and transactions related to Content on FansyMe are agreements between Fans and FansyMe. We store the Content and facilitate transactions, making FansyMe the contractual party in all such agreements. By engaging in any transaction on FansyMe, you agree that the contract is between you (the Fan) and FansyMe. The creators provide content at their discretion to the provider. Therefore, the provider typically has no influence over the type, amount, frequency, or quality of the content delivered by a creator to the provider.
Fan Payments do not include VAT, which will be added at the applicable current rate (if applicable).
To engage in a transaction on FansyMe, you must first add a payment card to your account or add funds to your wallet and then click the "Subscribe" button on the Creator's profile.
By providing your payment card details, you authorise us and our subsidiary companies to share the information with a third-party payment provider for processing your Fan Payment. All Fan Payments will be charged in USD. Your payment card provider may impose currency conversion fees, for which FansyMe has no control or responsibility.
5.1 Subscriptions / Periodic Payments: The payment provider will initiate periodic payments from your payment card for Subscription-based Fan Payments and immediate payments for other types of Fan Payments (including Pay-Per-View and tips to Creators). You authorise and consent to the debiting of these payments using your provided payment card details.
Except for free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the subscription period, unless your payment card is declined, the Subscription price has increased, or you have cancled the Subscripton on the Creator's profile.
If you cancel a Subscription, you will retain access to the relevant Creator's Content until the end of the subscription period in which you canceled. Subsequently, no further payments will be deducted from your payment card for subscriptions to that Creator's profile (unless you choose to purchase a new Subscription), and you will no longer have access to the relevant Creator's Content.
5.2 Important Note Regarding Pay-Per-View (PPV) Content: In the event that a Creator you purchased PPV content from deletes their account, you will still have access to that specific PPV content for a period of six (6) months from the date of purchase. After 6 months, the PPV content will be automatically deleted from your account.
5.3 Refunds: You agree not to make unjustified refund requests for any Fan/Creator Transaction or tip to a Creator. Tips are considered final and non-refundable. You also agree not to initiate unwarranted chargebacks with your payment card provider concerning such transactions. If we determine that you made a refund or chargeback request in bad faith, we reserve the right to suspend or delete your User account.
5.4 Wallet Credits: FansyMe offers the option to prepay funds (Wallet Credits) that can be used for Fan Payments. Purchases on FansyMe cannot be split. If your purchase exceeds your remaining Wallet Credits, your payment card will be charged the full amount.
5.4.1 Wallet Credit Limits: We set a maximum limit for Wallet Credits. No interest accrues on them.
5.4.2 Refunds for Unused Wallet Credits: The refund policy for unused Wallet Credits is determined by local law. In the case of Germany, FansyMe will comply with applicable consumer protection regulations regarding virtual wallets.
5.5 Account Reactivation: If a user makes any purchase or deposit, their account will be set to active again, overriding any prior deletion request. This includes subscriptions, pay-per-view content, tips, pay per message or any other form of monetary transaction through the platform.
Fans engaging in Fan/Creator Transactions understand and acknowledge that Creators retain the right to add or remove Content from their Creator account at their sole discretion. Creators have the freedom to determine the type of Content they make available on their account. Furthermore, Fans participating in Fan/Creator Transactions recognize that certain circumstances may prevent access to the Relevant Content specified in the transaction, including:
- Suspension or deletion of the Creator's account.
- Suspension or deletion of the Fan's account.
- Temporary unavailability or inaccessibility of the FansyMe site.
- Inability of the Creator to create or upload Relevant Content in the future.
6. PURCHASE OF PRODUCTS IN THE SHOP / MARKETPLACE
6.1 Seller's Responsibility for Content and Compliance
6.1.1 Content Requirements: Sellers are strictly prohibited from uploading content, including images and texts, that contain or suggest adult content rated FSK 18. All content must be appropriate for all audiences and must not violate third-party rights or any relevant laws, regulations, or ethical standards.
6.1.2 Prohibition of AI-Generated Content: The use of AI-generated images, including deepfakes and other manipulations, is strictly prohibited. All photos and content must be authentic. Standard photo editing (e.g., for brightness and contrast) is allowed only if it does not alter the fundamental authenticity of the photo.
6.1.3 Transfer of Rights: Sellers grant FansyMe all necessary rights, including copyrights, related rights, and trademarks, to use the content for contractual purposes. This includes the right to reproduce, distribute, broadcast, and publicly display the content across all media channels.
6.1.4 Verification and Monitoring: Sellers are responsible for ensuring the accuracy, legality, and virus-free status of their content. Although FansyMe is not obligated to monitor content, it reserves the right to remove any content that violates these terms.
6.1.5 Liability and Indemnification: Sellers assume full responsibility for their content and must indemnify FansyMe against any third-party claims resulting from the provision of illegal or inappropriate content, including breaches of competition, criminal, or copyright laws. Sellers are also liable for damages caused by content infected with viruses or similar threats.
6.2 Sale and Delivery of Products
6.2.1 Product Offerings: FansyMe provides a platform for creators to sell digital and physical products.
6.2.2 Seller’s Responsibility for Shipping and Packaging: Sellers must ensure that all goods are securely and appropriately packaged to prevent damage during shipping. For items such as worn lingerie, it is crucial that they are packaged in a secure and airtight manner to prevent contamination. This measure is essential to maintain product hygiene and to ensure that the shipping service provider is not exposed to any potential health risks. Sellers are responsible for arranging safe and timely delivery to buyers. Shipping costs will be added to the product price.
6.2.3 Compliance with Laws: Sellers must ensure that all goods and services comply with all local, state, and federal laws regarding their sale and delivery in both the seller's and buyer's locations.
6.2.4 Order Process: Users can purchase products by clicking "Buy Now" and completing the checkout process. The total cost, including shipping and VAT, will be displayed. Payment must be made using one of the available methods.
6.2.5 Binding Offers and Order Confirmation: The product offers in the shop/marketplace are not binding. A user's order constitutes a binding offer, which the creator may accept or reject. Upon submission, creators receive an email and site notification confirmation. If not accepted within three business days, the order is refunded. Accepted orders must be shipped within seven business days.
6.3 Customer Service and Liability
6.3.1 Customer Service: For questions, complaints, or claims regarding physical products, customer service is available via email at [email protected], Monday to Friday.
6.3.2 Limitation of Liability for FansyMe: FansyMe provides a marketplace but is not a party to the sales contracts between creators and buyers. FansyMe is not responsible for transactions or any issues arising from them.
6.3.3 Sales Contracts and User Responsibility: Contracts are directly between sellers and buyers. FansyMe does not act as a contracting party or representative in these transactions. Users are responsible for fulfilling their own contractual obligations.
6.3.4 Refund Policy: FansyMe accepts payments in cryptocurrencies, with refunds issued in euros (EUR) based on the value at the time of reimbursement. Refunds are processed via bank transfer, and FansyMe is not liable for any losses due to cryptocurrency price fluctuations.
6.4 Risk of Infection
6.4.1 No Germ-Free Guarantee: FansyMe cannot guarantee that worn lingerie will be free of germs or other pathogens. As a result, we strongly advise customers to handle such products with care and maintain proper hygiene practices.
6.4.2 Handling and Hygiene: Customers are advised to handle lingerie and other personal items carefully and hygienically.
6.4.3 Liability Limitation: FansyMe assumes no liability for any infections or health issues that may arise from the use of worn lingerie or similar products purchased through our platform. Customers purchase these items at their own risk and are responsible for any necessary sanitation measures.
6.4.4 Compliance with Health Regulations: By purchasing worn lingerie, customers acknowledge and accept that such items may not meet specific health and safety standards required for new or unused goods. It is the customer's responsibility to ensure they follow all relevant health regulations and guidelines.
6.4.5 Returns and Exchanges: Due to hygiene concerns, returns and exchanges of worn lingerie are not accepted. Customers should carefully review product descriptions and seller information before making a purchase.
7. PAID SERVICES
7.1 In General: The Website is a social media platform that lets you subscribe to an creator’s profile or third-party social media account to view the creator’s photos, videos, and posts as well as to interact with the creator in exchange for a one-time or recurring fee. Creators set their own pricing. It is your responsibility to check the price before subscribing or making a purchase. Unless the payment page indicates otherwise, pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. FansyMe does not provide price protection or refunds in the event of a price reduction or promotional offering.
7.2 Payment: You must prepay for any subscription that you order. FansyMe accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with FansyMe or a third party, that governs your use of a given payment method. FansyMe will charge your credit card or other form of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. For more information and support on our payment providers, please visit https://fansyme.com/p/billing-help.
7.3 Recurring Billing: If you purchase any automatically renewing subscriptions, you hereby authorise FansyMe or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and FansyMe is unable to charge you on the next billing period, FansyMe may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, FansyMe may cancel your subscription.
7.4 Taxes: If FansyMe is required to collect or pay any taxes in connection with your purchase of a subscription, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
7.5 Billing Errors: FansyMe will correct any mistakes in a charge and add or credit them against your future payments. If you become aware of any errors in a charge, please notify FansyMe promptly. If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, FansyMe has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless you notify FansyMe of the error within three months after you receive the bill in which the error first appears. You hereby release FansyMe from any liability for any error that you do not report to FansyMe within three months after you receive the bill in which the error first appeared.
7.6 Unused Credit: Unused credits purchased by the user will be refunded in compliance with applicable local consumer protection laws, provided that the credits have not been used for any purchases such as pay per view, subscription, pay per message, video chat, or similar services. Additionally, if local consumer protection laws do not apply, the credits cannot be redeemed for cash or any other form of compensation. Furthermore, if the user requests the deletion of their account, they forfeit any rights to the unused credits.
8. USER CONDUCT
You must not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Website in any medium, including by any automated or non-automated “scraping;”
- using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- taking any action that imposes, or may impose at FansyMe’s sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Website;
- collecting or harvesting any personally identifiable information, including account names, from the Website;
- using the Website for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Website.
9. USER-GENERATED CONTENT
By posting content on FansyMe, including but not limited to images and videos categorized as 'free' (excluding 18+ or adult posts), you grant FansyMe the following rights and permissions:
9.1 Content Usage Rights: All media content posted under the 'free' category on FansyMe (excluding 18+ or adult posts) can be utilized by FansyMe for promotional purposes across all owned platforms, including the website, Instagram, and other social media channels.
FansyMe reserves the right to use, edit, alter, and crop the images and videos posted under the 'free' category (excluding 18+ or adult posts) at its discretion for promotional activities.
9.2 Intellectual Property Rights: Users retain ownership and intellectual property rights to the content they post on FansyMe. However, by posting content (excluding 18+ or adult posts), users grant FansyMe a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display the content in connection with the services provided by FansyMe.
9.3 Content Responsibility: Users are solely responsible for the content they post on FansyMe, excluding 18+ or adult posts, and they represent and warrant that they have all necessary rights, licenses, and permissions to post such content.
10. Acceptable Use Policy
10.1 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 authorization, 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 laws prohibiting sex trafficking, intellectual property right laws, and laws protecting confidentiality, privacy rights, and 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 any content containing hate speech, including any content 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) illegal activities or behavior, including but not limited to sexual activity involving minors, incest, bestiality, violence, non-consensual acts, and other forms of explicit or illegal content.
- 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 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 use the materials on FansyMe for any commercial use without express authorization.
- Impersonate another individual or entity, falsely claim an affiliation with any individual or entity, or perform any other fraudulent activity.
- 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,” or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
- Engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account or content.
- Circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company or any security-related features that enforce limitations on the use of FansyMe.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except as expressly permitted by applicable law.
- 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 scrape all or a substantial part of FansyMe.
- Modify, adapt, translate, or create derivative works based on FansyMe or any part thereof, except as expressly permitted by applicable law.
- 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 an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- Use Artificial Intelligence (AI) tools, software, or any automated systems for the creation, management, or operation of accounts, or the production of content on FansyMe.
10.3 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.
10.5 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.
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. ACCOUNT DELETION POLICY & REFUNDS
12.1 Account Deletion Process: You, the User (Creator or Fan), have the right to request the deletion of your account at any time. FansyMe will initiate the account deletion process upon receiving your request. Please note that full account deletion will be completed within a maximum period of 90 days from the initial deletion request. This timeframe allows FansyMe to process any outstanding transactions (for Creators) or subscriptions (for Fans), ensure a smooth cancellation process, and comply with relevant data retention regulations.
In exceptional cases, where a user repeatedly deletes and undeletes their account in a short timeframe, the deletion process may take up to 6 months. We will notify you if this situation applies and explain the reasoning behind the extended processing time. We strive to complete deletions as soon as possible within the 90-day window.
12.2 Creator Content and Deletion Options
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Subscription Content: Upon account deletion, all subscription content will be immediately inaccessible to fans. Existing subscriptions will continue until their natural expiration date.
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Pay-Per-View (PPV) Content: You have two options regarding PPV content purchased by fans before your account deletion:
- Limited Access (1 Year): Fans will retain limited access to purchased PPV content for 6 months from the purchase date. After one year, the PPV content will be automatically deleted from their accounts.
- Complete Deletion: You can choose to completely delete all PPV content from your account upon deletion. However, please understand this may lead to refund requests from fans who lose access to their purchased content. In such cases, FansyMe reserves the right to recoup the refunded amount, along with any associated administrative or processing work, from your already disbursed funds or through other means if your balance is insufficient.
12.3 Refunds Initiated by Fans (Chargebacks): If a fan successfully obtains a refund or initiates a chargeback through their credit card provider for a payment made to you, FansyMe reserves the right to investigate. We may decide to deduct from your account an amount equal to the earnings you, as the creator, gained from the refunded or charged-back transaction.
13. LIMITATIONS
FansyMe shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the website.
14. INDEMNIFICATION
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify FansyMe from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
15. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
16. GDPR
This GDPR policy ensures FansyMe:
- Comply with data protection law and follows good practice;
- Protects the rights of clients;
- Are open about how we store and process individuals’ data;
- Protect ourselves from data protection risks such as breaches of confidentiality, failure to offer choice and reputational damage
16.2 Lawfulness of processing conditions: Under the GDPR, there is a requirement to have a valid lawful basis in order to process personal data. There are six available lawful bases for processing set out in Article 6 of the GDPR: (a) Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose (b) Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract (c) Legal obligation: processing is necessary for compliance with a legal obligation (d) Vital interests: processing is necessary to protect the vital interests of a data subject or another individual (e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (f) Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
16.3 Your rights under the GDPR: The GDPR provides the following rights for individuals:
1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object;
8. Rights in relation to automated decision making and profiling.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be construed in accordance with the laws in Germany, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
18. LINKS FROM THE WEBSITE
The site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practises of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the site, you expressly relieve us from any and all liability arising from your use of any third party website.
19. SEVERABILITY
Any part, provision, representation or warranty of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
20. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
21. SAFE CONTENT POLICY AND REPORTING
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.
22. USE OF AI SERVICES FOR CONTENT MODERATION
22.1 Automated Moderation: Our platform uses automated systems provided by third-party services, such as Sightengine, to review user-uploaded content. By using our platform, you consent to the processing of your content URLs by these systems for the purpose of moderation.
22.2 GDPR Compliance: Sightengine complies with GDPR regulations, as detailed in their Terms of Use and Data Processing Addendum.
22.3 User Responsibility: Users are responsible for ensuring that the content they upload complies with our community guidelines and applicable laws. The use of automated moderation tools does not absolve users from this responsibility.
22.4 Limitation of Liability: While we strive to use reputable and accurate third-party services, we do not guarantee the accuracy, reliability, or availability of the automated moderation results. We disclaim any liability for errors or issues arising from the use of these services.
23. 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.
24. CHOICE OF LAW AND JURISDICTION CLAUSE
The following choice of law and jurisdiction clause governs all our legal transactions:
24.1 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.
24.2 Protection of User Rights: This choice of law clause does not limit or affect any favorable or obligatory rights of users under applicable laws.
24.3 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.
By continuing to use the FansyMe platform and accepting payment, you acknowledge your understanding and acceptance of these Terms.
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