A creator is someone who creates a page on Fansocial to engage with fans who purchase
memberships or offerings on Fansocial to support the creator’s content. There are a lot of
details below involving payments, fees, taxes, and restrictions that you should read in full
if you are a creator.
-
Eligibility
To make sure Fansocial is a safe community for everyone, you must be at least
eighteen (18) years of age to use the Website as a creator, unless the age of
majority in your jurisdiction is greater than eighteen (18) years of age, you agree
that you will promptly provide us with the proof of age verification.
-
Intellectual Property
You own everything you post on our website. We don’t own your content. But we own our
text, graphical images, photographs, music, video, software, scripts and trademarks,
service marks and logos that we’ve created. Please don’t change, copy, reproduce, or
translate them unless we allow you to do so in writing.
The Content on the Website, excluding Creator Submissions and Third-Party Content
(defined below), but including other text, graphical images, photographs, music,
video, software, scripts and trademarks, service marks and logos contained therein
(collectively “Proprietary Materials”), are owned by and/or licensed to us. All
Proprietary Materials are subject to copyright, trademark and/or other rights under
the laws of applicable jurisdictions, including domestic laws, foreign laws, and
international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish,
transmit, distribute, participate in the transfer or sale of, create derivative
works of, or in any other way exploit, in whole or in part, any Content.
-
How to set Up Your account as a Creator
With our AI-powered KYC process, you can easily set up your account in 5 minutes. All
you need to prepare is a valid government-issued photo ID, such as a passport,
driver's licence, or national ID card. You need to follow the on-screen instructions
to capture clear and legible images of the front and back of the document. You will
be asked to take a selfie using their device's camera and you should follow the
on-screen instructions, such as aligning their face within the designated frame and
ensuring good lighting.
After completing the document verification and facial recognition, simply click the
"Submit" button to send the information for processing. Once the verification
process is complete, you will receive a notification regarding the outcome. If the
verification is successful, the account opening process will proceed. If you
encounter any issues during the verification process or if your identity is not
confirmed, you may contact our team to provide alternative identification documents.
-
What are the fees that we charge Creators for the use of
Fansocial
As a creator, there are fees associated with your offerings on Fansocial. The general
nature of these fees is summarised below, and these fees are subjected to change
with notice to you:
-
Creator Submissions
You own everything you post on our website and only you are responsible for it. But
we can reproduce, distribute, adapt, modify, translate your content among other
things. Learn more about restrictions and prohibitions in the full (legally binding)
version of the Terms and Conditions. For the purpose of these Terms, any reference
to Creator Submissions includes any submissions/content made available via the
Website from Creators. Creator Submissions cannot always be withdrawn. You
acknowledge that any disclosure of personal information in Creator Submissions may
make you personally identifiable and that we do not guarantee any confidentiality
with respect to Creator Submissions.
You shall be solely responsible for any and all of your Submissions and any and all
consequences of posting, uploading, publishing or otherwise making them available.
For any of your Creator Submissions, you affirm, represent and/or warrant that:
- You own or have the necessary licences, permissions,
rights or consents to use and authorise us to use all trademarks, copyrights,
trade secrets or other proprietary rights in and to Creator Submissions for any
and all uses contemplated by the Website and these Terms;
- You will not post, or allow anyone else to post, any
material that depicts any individual under the age of eighteen (18) years; and
-
You have written consent, release, and/or permission from each and every
identifiable individual in the Creator Submission to use the name and/or
likeness of each and every such identifiable individual to enable use of the
Creator Submission for any and all uses contemplated by the Websites and
these Terms
You further agree that you shall not submit material that:
- Is copyrighted, protected by trade secret or
trademark laws, or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such
rights or have explicit permission from the rightful owner to submit the
material and to grant us all of the licence rights granted herein;
- Is obscene, vulgar, illegal, unlawful, defamatory,
fraudulent, libellous, harmful, harassing, abusive, threatening,
invasive of privacy or publicity rights, hateful, racially or ethnically
offensive, inflammatory, or otherwise inappropriate as decided by us in
our sole discretion;
- Depicts illegal activities, promotes or depicts
physical harm or injury against any group or individual, or promotes or
depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise
misrepresents you in any way, including creating a false identity;
- Would constitute, encourage or provide
instructions for a criminal offence, a violation of the rights of any
party, or that would otherwise create liability or violate any local,
state, national or international law; or
- Is unsolicited or unauthorised advertising,
promotion, “spam” or any other form of solicitation.
- promotes or advocates for any political concepts,
ideologies, or affiliations. It ensures that the content remains focused
on non-political subjects and maintains a neutral or non-partisan stance
We claim no ownership or control over Creator Submissions or Third-Party Content. You
or a third-party licensor, as appropriate, retain all copyrights to Creator
Submissions and you are responsible for protecting those rights as appropriate. You
irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual,
non-cancelable, sublicensable licence to reproduce, publicly perform, publicly
display, distribute, adapt, modify, publish, translate, create derivative works of
and otherwise exploit Creator Submissions for any purpose, including without
limitation any purpose contemplated by the Website and these Terms.
Furthermore, you irrevocably waive and cause to be waived against us and any of our
users any claims and assertions of moral rights or attribution with respect to
Creator Submissions.
You represent and warrant that you have all the rights, power and authority necessary
to grant the rights granted herein to Creator Submissions. Specifically, you
represent and warrant that you own the title to the Creator Submissions, that you
have the right to upload the Creator Submissions to the Website, and that uploading
the Creator Submissions will not infringe upon any other party’s rights or your
contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access to any User Submission for any reason, or for no reason at all, with or
without notice.
Without limiting the other indemnification provisions herein, you agree to defend us
against any claim, demand, suit or proceeding made or brought against us by a
third-party alleging that your Creator Submissions or your use of the Website in
violation of these Terms infringes or misappropriates the intellectual property
rights of any third-party or violates applicable law and you shall indemnify us for
any and all damages against us and for reasonable attorney’s fees and other costs
incurred by us in connection with any such claim, demand, suit or proceeding.
-
Content on the Website
You understand and acknowledge that we assume no responsibility whatsoever for
monitoring the Websites for inappropriate content or conduct. You acknowledge that
we may at our sole discretion refuse to publish, remove, or block access to any
Content for any reason, or for no reason at all, with or without notice.
By uploading content on the Website (including content uploaded by Creators), you are
freely consent and grant a non-revocable license to Fansocial, its affiliates and
agents, to use the username, videos, pictures, and voice uploaded on the Website as
they see fit. You further understand and consent that the content will appear
publicly as part of Fansocial’s website as well as third party websites and/or other
marketing materials. The content will be subject to Fansocial’s privacy policy and
terms of use as well as the terms of use of the third-party websites.
-
Creator Conduct
You represent and warrant that all the information and content provided by you to us
is accurate and current and that you have all necessary rights, power and authority
to (i) agree to these Terms, (ii) provide the Creator Submissions to us, and (iii)
perform the acts required of you under these Terms.
You hereby expressly authorise us to monitor, record and log any of your activities
on the Website, including your chats, streams, messages, interactions with other
users and Creator Submissions.
As a condition of your use of the Website:
- You agree not to use the Websites for any unlawful
purpose or in any way that is prohibited by these Terms;
- You agree to abide by all applicable local, state,
national and international laws and regulations;
- You agree not to use the Websites in any way that
exposes us to criminal or civil liability;
- You agree that you are solely responsible for all acts
and omissions that occur as a result of your use of the Website;
- You agree that all your Creator Submissions that you
provide to us belongs to you and that you have the right and authority to
provide it to us;
- You agree to maintain the security of your login
password and to be fully responsible for any and all use of your account;
- You agree not to use or attempt to use any other party’s
account on the Websites without authorization;
- You agree not to use any automated means, including
robots, crawlers or data mining tools, to download, monitor or use data or
Content from the Website;
- You agree not to use the Website to collect usernames
and/or email addresses for sending unsolicited messages of any kind;
- You agree not to take any action that imposes, or may
impose, in our sole discretion, an unreasonable or disproportionately large load
on our technology infrastructure or otherwise make excessive demands on it;
- You agree not to “stalk” or otherwise harass anyone on
or through the Website;
- You agree not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information you transmit;
- You agree not to disable, circumvent, or otherwise
interfere with security related features of the Website or features that prevent
or restrict use or copying of any content or which enforce limitations on the
use of the Website or the content therein;
- You agree not to post, link to, or otherwise make
available on the Website any material that contains software viruses or any
computer code, file or program designed to interrupt, destroy, limit or monitor
the functionality of any computer software or hardware or any telecommunications
equipment;
- You agree not to license, sublicense, sell, resell,
transfer, assign, distribute or otherwise in any way commercially exploit or
make available the Website or any Content to any third party;
- You agree not to “frame” or “mirror” the Website; and
- You agree not to reverse engineer any portion of the
Website.
- You agree not to use a username of a hateful, racist,
defamatory, ethnically offensive nature or any username related to children,
terrorist organisation and/or any other sites.
We reserve the right to take appropriate action against any creator for any
unauthorised use of the Website, including civil, criminal and injunctive redress
and the termination of any user’s use of the Website. Any use of the Website and our
computer systems not authorised by these Terms is a violation of these Terms and
certain international, foreign and domestic criminal and civil laws.
-
Payment & Commission
All payouts will be made at the end of each month, regardless of the account creation
date. In stage 2, Fansocial will automate the payout process, allowing creators to
cash out every two weeks. Payments will be made to creators' accounts based on their
total rollover amount. However, there is a minimum threshold of $200. If the total
amount is lower than $200, no payout will be made for that month.
Content creators who join Fansocial during the Beta test period (September 2023 to
December 2023) will receive the following percentages of their total income:
Basic-USD19,999.999: 88%
USD20,000 or above: 92%
For content creators who join Fansocial after the launch (January 2024 and onwards),
the following percentages will apply:
Basic: 80%
USD3,000-7,999.999: 84%
USD8,000-19,999.999: 88%
USD20,000 or above: 92%
Please note that the dollar amounts and percentages
mentioned in the text are hypothetical and may not represent the actual rates
offered by Fansocial.
If you earn income from Fansocial, it is advisable to consult with a tax professional
or accountant who can provide guidance tailored to your specific situation and the
tax laws of your country. In many countries, including the United States,
individuals are required to report and pay taxes on any income they earn, including
income from online platforms, you're personally responsible for any tax liability.
Please note that for international wires below USD 500, a
handling fee of 30 USD per payout will be charged, while wires above USD 500 will
have this fee waived.
-
Anti-social Behaviour
Anti-social behaviour, such as openly soliciting for prostitution, offering one's
services as a prostitute, whether explicitly or implicitly, on Fansocial platform is
strongly prohibited.
-
Acceptable Method of Reporting
We process reports received through the following acceptable methods of reporting. If
you become aware of any such matter on our website, you should contact the Customer
Support Department immediately by email to [email protected], by opening a
ticket or through the “Report Button” feature available in the live stream page.
Reports will be reviewed and resolved within 7 business days. All reports will be
logged for record keeping and reporting purposes. We reserve the right to request
further information/evidence to assist us with investigating any report.
-
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
-
Copyright and Intellectual Property Claims
We respect copyrights and follow the copyright legislation in the Netherlands. If you
want to report any copyright infringement, please read the full (legally binding)
version of the Terms and Conditions for information.
We respect the intellectual property rights of others. You may not infringe the
copyright, trademark or other proprietary informational rights of any party. We may
in our sole discretion remove any Content we have reason to believe violates any of
the intellectual property rights of others and may terminate your use of the Website
if you submit any such Content.
REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR
WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY
CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITES TERMINATED.
All notifications not relevant to us or ineffective under the law will receive no
response or action thereupon. An effective notification of claimed infringement must
be a written communication to our agent that includes substantially the following:
- Identification of the copyrighted work that is believed
to be infringed. Please describe the work and, where possible, include a copy or
the location (e.g., a URL) of an authorised version of the work;
- Identification of the material that is believed to be
infringing and its location. Please describe the material and provide a URL or
any other pertinent information that will allow us to locate the material on the
Website;
- Information that will allow us to contact you, including
your address, telephone number and, if available, your email address;
- A statement that you have a good faith belief that the
use of the material complained of is not authorised by you, your agent or the
law;
- A statement that the information in the notification is
accurate and that under penalty of perjury that you are the owner or are
authorised to act on behalf of the owner of the work that is allegedly
infringed; and
- A physical or electronic signature from the copyright
holder or an authorised representative.
If your User Submission is removed pursuant to a notification of claimed copyright
infringement, you may provide us with a counter-notification, which must be a
written communication to our above listed agent and satisfactory to us that includes
substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or
to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, email address and
a statement that you consent to the jurisdiction of the courts in the address
you provided, the Republic of Cyprus and the location(s) in which the purported
copyright owner is located; and
- A statement that you will accept service of process from
the purported copyright owner or its agent.
-
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.
-
Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all damages and
third-party claims and expenses, including attorney’s fees, arising from your use of
the Website or from your breach of these Terms.
In the event that you have a dispute with one of more other users (including
Creators) or any third parties, you hereby release us, our officers, employees,
agents and successors-in-right from claims, demands and damages (actual and
consequential) of every kind or nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such
disputes and/or the Website.
-
Disclaimer of Warranties and Limitations of Liabilities
The Website may contain links to third-party websites which are independent of us. We
assume no responsibility for the content, privacy policies, or practices of and make
no representation or warranty as to the accuracy, completeness or authenticity of
information contained in any third party websites. We have no right or ability to
edit the content of any third party websites. You acknowledge that we shall not be
liable for any and all liability arising from your use of any third party websites.
The Website is provided “AS-IS” and without any warranty or condition, express,
implied or statutory. We specifically disclaim to the fullest extent any implied
warranties of merchantability, fitness for a particular purpose, non-infringement,
information accuracy, integration, interoperability or quiet enjoyment. We disclaim
any warranties for viruses or other harmful components in connection with the
Websites. Some jurisdictions do not allow the disclaimer of implied warranties,
therefore in such jurisdictions, some of the foregoing disclaimers may not apply to
you insofar as they relate to such implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER,
WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE
THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE
WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR
ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME
LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER
MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
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.
-
Alternative Dispute Resolution (ADR)
Any dispute, controversy or claim arising out of or relating to these Terms and
Conditions, or the breach, termination or invalidity thereof, shall be settled by
arbitration in accordance with the Alternative Dispute Resolution Rules applicable
in Cyprus which Rules are deemed to be incorporated by reference into this clause.
The seat, or legal place, of arbitration shall be the Republic of Cyprus. The
governing law of these Terms and Conditions shall be the law of the Republic of
Cyprus.
-
Choice of Law and Venue
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 Republic of Cyprus 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 REPUBLIC OF
CYPRUS. 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 REPUBLIC OF CYPRUS AND
ANYWHERE ELSE YOU CAN BE FOUND.
-
General Terms
- These Terms, as amended from time to time, constitute
the entire agreement between you and us and supersede all prior agreements
between you and us and may not be modified without our written consent.
- Our failure to enforce any provision of these Terms will
not be construed as a waiver of any provision or right.
- If any part of these Terms is determined to be invalid
or unenforceable pursuant to applicable law, then the invalid and unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
- Nothing herein is intended, nor will be deemed, to
confer rights or remedies upon any third party.
- These Terms are not assignable, transferable or
sub-licensable by you except with our prior written consent, but may be assigned
or transferred by us without restriction.
- You agree that we may provide you with notices by email,
regular mail, or postings to the Website.
- The section titles in these Terms are for convenience
only and have no legal or contractual effect.
- As used in these Terms, the term “including” is
illustrative and not limitative.
- 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
