Last modified: July 29th, 2024
In Brief
We are Fansocial and we are owned by Madlinks Media Ltd at the address of First Floor, 244 Edgware Road, W2 1DS, London.
Please review these Terms and Conditions carefully before using Fansocial.app (“the Website”).
This document states the Terms and Conditions (“Terms”) upon which, Fansocial, the United Kingdom’ company registration number 16026284, of (“we” or “us”) will provide service to you on the Website. These Terms constitute a contractual written agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, you must not access or use the Website.
“User” or “fans” refers to those who use the services/features provided by the Website.
1. Eligibility
You must be at least eighteen (18) years of age to access or use the Website.
2. Grant of Use
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the website(s), and/or (iii) remove and/or delete any of your comments. You agree not to use or attempt to use the website(s) after said termination. Upon termination, the grant of your right to use the website(s) shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Age Requirement and User Responsibility
All users of the Website must be 18 years of age or the age of majority in the jurisdiction you are accessing the Website from. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit Content.Our services are offered based on the information you provide at registration, including your age.
We rely on the accuracy of the information you provide. By using the Website, you agree to these terms and understand that Fansocial cannot be held liable for any consequences resulting from false information provided by users.
4. Content on the Website
You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users and through automated or other means (collectively, “Third Party Content”). We claim no ownership over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate. However, third-party links will be removed if they are found to contain content that violates our policies or contents offered there are beyond our control/monitoring capabilities (e.g: link to camsites). For details, please refer to the “Prohibited Content” described in clause 6 below.
5. Prohibited Content
- Child Pornography (anyone under the age of 18)
- This includes depicting or describing persons under the age of 18, or appearing to be under the age of 18. If relevant content uses the word “teen,” it must be stated, in a clear and conspicuous manner, that the models are 18 or 19 years old.
- Forced / Non-Consensual Sexual Activity
- Oral, anal or vaginal penetration by sex organs, objects (dildo, strap-on,etc.) or fingers and wording or actions indicating lack of consent: rape, force, asleep, drugged, passed/blacked out, chloroformed, unconscious, hypnotized, drunk, intoxicated, inebriated, stoned sex, etc.
- Someone who is drunk, drugged, asleep, hypnotized, etc. cannot give consent, and is therefore classified as a violation.
- Bestiality
- Content depicting or describing sexual acts with animals or with non-human creatures (aliens, mythological creatures, monsters etc.). Pets are banned too.
- Hate crimes, injuries, mutilation of a person or body part
- Violence, extreme sexual violence and/or pain
- Blood (including female period)
- Scat (mentioning as well as displaying feces)
- Background people cannot be included, not even those in the far distance, and shall not be blurred. This is to avoid the use of non-consensual contents (as they never authorized for their image to appear in adult media).
- Alcoholic beverages (and in doubt, all that might seem such) as well as illegal substances, are prohibited.
6. Tokens and Payments
You must purchase “tokens” which you can then use to give you full use of additional features of the Website. Prices for tokens will be posted on the Website and may change from time to time in our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including for token purchases, must be made with their valid credit card or debit card or other available payment method, the information of which may be kept on file by us or by our payment processors (“Filed Payment Details”). Fees for tokens must be paid in advance.
In order to make a purchase, you may be asked to supply certain information to allow us to process and authorise your purchase, including, without limitation, your name, address, card number, card expiration date, card security number and other information. You represent and warrant that (i) you have the legal right to use the form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.
We reserve the right to refuse, cancel or terminate your order for any time and for any reason at our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
YOUR FILED PAYMENT DETAILS MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES OR FOR ANY RECURRING PURCHASES WHICH YOU HAVE AUTHORISED. YOU HEREBY AUTHORISE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR FILED PAYMENT DETAILS FOR SUCH PAYMENTS ON YOUR BEHALF.
By enabling the auto-refill feature on the Website, you hereby expressly give your permission for us to automatically charge your last payment details (last transaction amounts) on file, with an amount equivalent to your last purchase, as soon as the tokens in your account get below a chosen threshold. To cancel the auto-refill feature or any subsequent transactions, simply go to your account’s “Settings” and opt-out from the auto-refill feature.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorised any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorised. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
Refunds:
If at any time we terminate your rights to use the Website because of a breach of these Terms, you shall not be entitled to a refund of any portion of your unused tokens. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
Without limiting the foregoing, we may in our discretion refund you tokens when there are technical problems with the Website (i.e., when the Website malfunctions and takes your tokens) or when you have had a provably unsatisfactory private show (in which case, you must end the show as soon as possible). However, we will never refund tokens when you have given a tip (as tips are gifts and cannot be reversed) or when you are spying on another person’s private show.
Inactive accounts:
If a period of inactivity is detected in your account (ie you neither use your account nor purchase any tokens, then we reserve the right and at our sole discretion to terminate your rights to use the Website.
In such a case, you hereby expressly accept, agree and acknowledge that any portion of your unused tokens is forfeited by you and cannot subsequently be recovered.
7. Services on Website
Creators may offer chat sessions where fans can chat with them on the website while viewing their video stream. In this case, you may “tip” a creator of your purchased tokens. We may offer group shows where you can view a creator’s video stream and chat with the creator along with other fans, for a per-second or per-minute fee billed against your purchased tokens in accordance with the rates posted on the Website. We may offer private shows where you can view a creator’s video stream and chat with the creator privately, for a per-second or per-minute fee billed against your purchased tokens in accordance with the rates posted on the Website. You acknowledge that there may be further services added or that some of the forgoing services may be modified or removed at our discretion and all such services will be in accordance with the rules that we may post on the Website, as they may be modified from time to time.
Creators at their own discretion may set a messaging token fee which it will be charged to you depending on the type of content you sent to the creator. The messaging token fee will be charged for every content you share, irrespective of receive or response by the intended recipient. Users will be able to share images through the messenger. You acknowledge and agree that you are solely and fully responsible for any text messages and content shared with another User or a creator and you shall ensure on-going compliance with all applicable rules and regulations as well as compliance with these Terms of Use. You acknowledge that all communications and image exchanges are subject to monitoring by the Fansocial Team at all times.
You acknowledge that if you are engaged in any activity that bills you per-second or per-minute, you must exit such activity to stop the billing of the same. You also acknowledge that if you run out of purchased tokens while engaged in such activity, your ability to engage in such activity will halt. We reserve the sight at round prices.
You acknowledge that all Creators and other users may engage in any activities at their discretion while in accordance with the Terms of this Agreement and other rules and regulations posted on the Website and pursuant to the functionality of the Website. You acknowledge that a creator may decline to engage in any activity at his or her discretion. Without limiting the general release provisions below, if you have any disputes with any Creators, you acknowledge that your dispute is solely with said creator and you release us from any liability.
8. Reporting Violations
GENERAL COMPLAINTS: We invite anybody to report abusive or standards-violating content. Your report will be completely confidential and handled within 7 days of reception. Please use the “Report Button” feature available on the platform.
CONTENT REMOVAL: We take all requests seriously and will quickly process and remove any content necessary. Should you be the victim of, or come across content that you have personal knowledge of as constituting:
- Non-consensual production and/or distribution of your image.
- Otherwise abusive and/or illegal content.
- Content that reveals personal information.
Please send the following:
1. Legal Name
2. URL’s
3. Information Regarding Removal
Non-consensual content will be removed within 24 hours, with no need of investigation and no reupload is possible.
Please use https://fansocial.app/content-removal-request/ to make a content removal request. Your report will be confidential.
9. PROHIBITED GOODS
The following are strictly prohibited from being sold or otherwise transacted on Fansocial:
Illicit drugs, precursors and drug paraphernalia, firearms and munitions, alcohol and alcoholic beverages, cigarettes (including electronic vaporizers, cigars, human parts, remains and protected flora and fauna, illegal services, counterfeits and any controlled products under applicable law or regulation in the country of buyer or seller, offensive materials and information that is a threat to security of person or state.
For the purposes of the foregoing, a counterfeit is a product that contains words or logos that are identical or similar to a trademark without the authorization of the owner of the trademark.
10. DELIVERY NOTICE
If an order includes multiple items, Fansocial will as far as possible, combine the orders and pack them into one shipment so that you will receive all your items at the same time. Where this is not possible, each item will be shipped individually and have separate delivery dates and shipmentinformation. We will provide you with details of the delivery dates and shipment information by email as soon as your orders are processed. Delivery dates and shipment information are sent per shipment not per item.
11. DELIVERY DELAY
Where there is an unforeseen change in the schedule of the delivery of your order, we will endeavor to inform you by email about the change as soon reasonably possible. Where the delay impacts all or a significant number of orders on Fansocial, we may instead notify you by a notice on the website [or by push notification].
12. PAYMENT AND DELIVERY
You will be immediately notified by email once we successfully receive payment for your order. Depending on your method of payment, there may be a delay between the time when you provided your payment details and when payment was actually received by us.
If you do not receive confirmation of your payment from us within three (3) business days of placing your order, please check that your order was correctly placed before contacting us at [email protected] with details of your order.
You will receive an email upon successful delivery of your order. If you received the notification email but you have not received the order, please immediately check if someone else at the delivery address has received the order on your behalf, check around the delivery location to see if the order was left somewhere discrete and if you are still unable to locate the order, please contact us at [email protected]
13. Privacy Policy
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
The privacy policy is regulated by the General Data Protection Regulation (GDPR) and the Implementation Act General Data Protection Regulation of the United Kingdom.
14. No-Politics Policy
At Fansocial, we prioritize fostering a vibrant and inclusive community where users can freely express their passions and interests. To maintain this positive environment, we have implemented a strict no-politics policy. This means that any content or discussions related to political matters, including opinions, news, campaigns, or debates, are not permitted on our platform. By adhering to this policy, we aim to create a space where users can engage in meaningful conversations without the divisiveness often associated with political discourse. We appreciate the cooperation of our users in upholding this policy and contributing to a welcoming atmosphere where everyone feels respected and valued.
15. Copyright and Intellectual Property
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited licence to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein.
16. Indemnification
To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless this Website, its operator, parent company, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debts, including but not limited to attorney’s fees, arising from: (i) your use of and access to this Website; (ii) your breach of any provision of these Terms of Service; (iii) your violation of any third-party right, including but not limited to any copyright, property, or privacy right; or (iv) any claim that your Content has caused harm to a third party. This obligation to defend and indemnify will continue even after these Terms of Service end and your use of this Website ceases. You agree that we have the exclusive right and duty to manage the legal defence against any such claims, demands, or litigation, including the choice of counsel and the decision to settle or compromise such claims, demands, or litigation.
17. Disclaimer and Limitations of Liabilities
To the fullest extent permitted by law, the website disclaims all warranties of any kind related to the website and goods or services obtained through the website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the website. We make no warranty or representation about the accuracy or completeness of the website’s content or that the website will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website or our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website or our services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or our services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website or our services.
The website does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked services or featured in any banner or other advertising.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
18. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
19.Governing Law
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the United Kingdom without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN THE UNITED KINGDOM. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN THE UNITED KINGDOM AND ANYWHERE ELSE YOU CAN BE FOUND.
20. Termination of the Account
By sending an email to [email protected], your Fansocial account will be terminated without further inquiry. All tokens in your Fansocial account will be refunded within 30 working days after the account is terminated.
