Terms of Service
Last updated: December 20, 2023
Welcome to the One2Fan Platform!
PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR PLATFORM, AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE PLATFORM OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND AGREE THAT SUCH TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE PLATFORM.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE TERMS, AT ANY TIME WITHOUT NOTICE.
OUR PLATFORM IS NOT INTENDED FOR MINORS. YOU MUST BE AT LEAST 18 YEARS OLD AND MUST REACH THE AGE OF MAJORITY IN APPLICABLE TO YOU JURISDICTION TO HAVE ACCESS TO OUR PLATFORM.
1. DEFINITIONS.
In the Terms, the following terms shall have the meaning set forth beside them:
"Agreement" means the agreement for the provision of the Services between you and One2Fan that will be formed when you accept these Terms, and which will include these Terms, the Privacy Policy and any other agreed terms and conditions;
"Affiliate" means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person;
"Content" usually means any and all information published by a Creator on the Platform.
"Creator" means an individual who creates an Account and as Membership page (as a case may be) on the One2Fan Platform to post its Content.
"Follower" means an individual who enjoys the Creator's Content and purchases the Membership (as a case may be) to support its favorite Creator's creations.
"Illegal or Immoral Purposes" means promoting, executing, or funding terrorist, defamatory, discriminatory, fascists or hatred ideologies, activities or groups, and any other activities which are illegal or considered as immoral under the applicable laws and regulations in the jurisdictions where the User or the Company and the Company's Affiliates are located or provide services;
"Membership" means membership programs for the Followers, on a subscription basis, to access and support the Creators that the Followers prefer.
"One2Fan", "we", "us", "our" or "the Company" means Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic, registered on July 19, 2018 under the number 07297408;
"One2Fan Platform" or "Platform" means the set of a software solution, software features, services and applications aggregated at the Website for the purpose to provide Services to the Users by the Company in relation to the Creator's Content and its access and support by the Follower.
"Parties" means the parties of the Agreement;
"Prohibited Activity" includes (but not limited to) any product, service or business relating to gambling, pornography or obscene material, prostitution, alcohol, tobacco, illegal or prescription drugs, drug trafficking, controlled substances, money laundering, terrorism, homeland security, human trafficking, human trafficking for the purpose of sexual exploitation and physical abuse or any other activity which is illegal or considered as immoral in the jurisdictions where the User or the Company and the Company's Affiliates Third-Party Providers are located or provide services;
"Services" means the services made available by One2Fan to the Creators for the purpose to upload the Creator's creations and for the Followers for the purpose to access to the Creator's creations and to support their favorite Creator's creations.
"Terms" means these terms of service;
"Third-Party Provider" means a third party that is independent to One2Fan and provides with its services on the Platform in accordance with its own rules, including terms and conditions of such third party.
"User", "your" or "you" means the person or persons, using the Platform as a Creator or a Follower depending on the context.
"Website" means https://one2fan.com owned and operated by the Company or its Affiliate.
2. SCOPE OF THESE TERMS
2.1. Unless otherwise stated herein, these Terms govern your using our Services as a Creator or as a Follower, including the Platform that are not governed by the particular terms of use or terms and conditions (collectively, the "Particular Terms"). One2Fan promulgates terms and conditions regulated mutual relationships between a Creator and a Follower as the Particular Terms for this purpose. You may refer to Creator and Follower Mutual Contract at https://one2fan.com/contract.
2.2. If you become a Creator or a Follower, these Terms together with the provisions of the Privacy and Cookie Policy (as all are amended from time to time) and with any other documents, which can be found on our Website constitute a legally binding contract between us or between the parties mentioned in such documents. You should read all of those terms carefully and any other documents that we have supplied or in the future will supply to you.
3. THE SERVICES, REGISTRATION AND ACCESS
3.1. THE SERVICES AND ACCESS TO THEM
3.1.1. These are the entire Terms that apply to the use of any services provided in relation to the visiting our Website, registration as a User, submitting any Content, access to the Content, obtaining Membership, supporting Creators and any other features that may be added to the Platform from time to time (the "Services").
3.1.2. Use of the Services is subject to these Terms. If you have any objections to the Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website. Your use of the Services is governed by the version of the Terms in effect on the date each Service is used by you. You are responsible for checking this page on our Website periodically in order to review the current version of the Terms.
3.1.3. You must meet certain eligibility criteria to use our Services. By accessing or using Services, you represent and warrant that: (a) you are at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age; (b) have not previously been suspended or removed from using our or our Affiliates' Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using our Platform for any illegal activity, including for Illegal or Immoral Purposes and/or Prohibited Activity.
3.2. THE REGISTRATION AND ACCOUNT
3.2.1. In order to access and use our Services, it will be required to register for the Services as a Creator or a Follower, complete the sign-up process and create an account (the "Account") directly through our Platform.
3.2.2. Creating your Account, you shall honestly choose the appropriate status as it is defined, and you shall be at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age.
3.2.3. We reserve the right to decline to provide the Services to any person or entity, to suspend, change or terminate the Services, at our sole discretion with or without reasons or prior notice.
3.2.4. We reserve the right to withdraw material you provide to the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to Users to some parts of the Platform, to certain Accounts or the whole of the Platform, including registered Users.
3.2.5. You are responsible for:
• making all arrangements necessary for you to have access to the Platform.
• ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and comply with them.
• maintaining and promptly update your Account information.
• maintaining the security of your Account by protecting your password and restricting access to your Account.
• all activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
3.2.6. By accepting the Terms, you hereby represent and warrant to us that:
a) all information you have provided and will provide to us is true, complete, accurate and not misleading;
b) your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services, and not for Illegal or Immoral Purposes;
c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
d) you shall not use the Services in connection with any Prohibited Activity; and
e) you shall not use the Platform for any Illegal or Immoral Purposes.
3.2.7. We reserve to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services or the Platform, in the event that (i) when we reasonably suspect that you have breached any of the Terms, (ii) when we reasonably suspect fraudulent or illegal activities, or (iii) when the Terms have been terminated.
3.2.8. You are solely and wholly responsible for the security of your Account and the use of our Services. We urge you to keep your account password secure and to always log-off from the Services when leaving the device through which you accessed the Services unattended.
3.2.9. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Services.
3.2.10. You shall notify One2Fan about all breaches of these Terms that you become aware within the using of the Services.
3.3. CREATOR'S ACCOUNT AND VERIFICATION OF CREATOR
3.3.1. The Creator is solely an independent contractor and in no way shall a Creator be considered an employee, agent or partner of One2Fan and/or a Third-Party Provider. The Creator acknowledges and agrees that nothing in these Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between the Creator and One2Fan, its employees, agents, assigns or Third-Party Providers. The Creator understands and agrees that any Content submitted to the Platform may be checked, monitored and/or recorded by One2Fan.
3.3.2. In order to access the Platform as a Creator and to submit, upload, license and sell (as a case may be) your Content, you must first register by creating a Creator's Account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party's intellectual property (such as copyright or trademark), as well as a password. Then, you will be asked to complete your registration; in order to do so, you must fill out an online registration form that includes your full name and your date of birth. You will also be asked to provide governmental issued identification documents that will be verified using identifying organizational measures usually applicable for such verification. Once we have received your registration form duly completed, One2Fan or a Third-Party Provider may contact you to validate and/or obtain additional information. One2Fan reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
3.3.3. You agree and represent that you will not share your Account or login information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify One2Fan and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including uploads, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your Account. One2Fan is not liable for your losses caused by any unauthorized use of your Account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify One2Fan against any such claims made against it by third parties.
3.3.4. You agree and understand that your Account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, One2Fan may remove such photo. Repeat infringement may result in the termination of your account in accordance with these Terms.
3.3.5. You have the right to add the link on your profile within another social network (e.g., TikTok, Instagram, etc.) if you consider its reasonable, secured and if it not prohibited by the terms and conditions of a relevant social network. You are solely responsible for any consequences arising from the adding of such link and relationship with a relevant social network.
3.3.6. You may add the link on your One2Fan profile to another social network profile (bio) if it is not directly prohibited or limited by the terms and conditions of a relevant social network. You shall carefully check such terms and conditions and ask the permission from a relevant social network if you have any doubts, or you shall upgrade your account level within such social network (when and if applicable). You are solely responsible for any consequences arising from the adding of such link within another social network profile (bio) and relationship with a relevant social network. You acknowledge and agree that you confirm your understanding about possible obligations to make the Content within One2Fan Platform fully compliance with the terms and conditions of a relevant social network if you add a link on your One2Fan profile to another social network profile (bio). You shall be informed that your profile within another social network may be blocked or suspended due the breaches of the terms and conditions applicable to you within such another social network platform.
3.3.7. If you decide to close your Account, which you can do at any time, all of your Content will be removed, except as provided in these Terms. If you delete your Account, or if you remove Content from your Account, such Content will no longer appear on the Platform but will remain in the account of the Followers who has Membership subscription on that Content. As for the Membership granted to any Follower, such Membership will terminate once it expires and all Content related thereto will be removed (but not early).
3.4. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
3.4.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
3.4.2. Use our Services to pay for, support or otherwise engage in any Prohibited Activity;
3.4.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
3.4.4. Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
3.4.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
3.4.6. Develop any third-party applications that interact with our Services without our prior written consent;
3.4.7. Provide false, inaccurate, or misleading information;
3.4.8. Attempt to decompile the Platform; or reverse engineer any part of the Platform for any personal, non-commercial or commercial use;
3.4.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.5. UNAUTHORIZED ACTIVITIES
3.5.1. We ask that you respect our on-line community and other Users when posting Content and using the Services.
3.5.2. When submitting Content to or otherwise using the Services, you agree not to:
– submit material that violates someone's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
– publish falsehoods or misrepresentations that could damage us, our Users or any third party;
– publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
–submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
– "stalk" or harass any person;
– behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
– post advertisements;
– impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
– solicit a User's password or other Account information;
– make screenshots of the messages with other users and publish this information by any way;
– make screenshots of other Users' Content and publish this information by any way;
– use, publish or keep any information about other users that becomes available for the reason of mistakes or other problems in the Platform; or
– gather (or attempt to gather) User' names, addresses, or email addresses for any purpose.
3.5.3. The above-mentioned list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.
3.5.4. We reserve the right to disclose any information that you or other Users submit through the Platform, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
3.5.5. Each User is entirely accountable for their interactions with other Users. We retain the right, though we are not obligated, to monitor disputes among Users. Additionally, we are not in any way responsible for the expectations, promises, or accuracy of any information provided by any User.
3.5.6. If Users send explicit content in private messages and complaints are received, we reserve the right to block those Users.
4. LICENSE
4.1. One2Fan's License to User
One2Fan hereby grants the User a limited, non-exclusive, non-transferable license, without the right to sub-license, to access and utilize the Platform and its content solely for its own purposes in accordance with common aim for such type of Services.
Financial Products
For the avoidance of doubt, the User may not:
a. use the Services or any of the User's Content in the creation, structuring or provision of any financial instrument or investment product (each, a "Financial Product");
b. present such Services or the User's Content to any customers, potential investors or investors as part of any Financial Product; or
c. use such Services or the User's Content directly in calculations required for the creation, structuring or provision of any Financial Product.
4.2. Creator's License to One2Fan
By using the Platform, the Creator retains control and legitimate ownership rights in its Content and the Followers are granted nothing more than the right to view, license, or buy Creator's Content. The Creator agrees and understands that One2Fan may make use of the Creator's Content (alone or in combination with other works) for promotional or commercial purposes only and to render the Services pursuant to these Terms. Therefore, any Creator hereby grants One2Fan a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use the Creator's Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. The Creator hereby waives any "moral rights" or similar rights in and to the Content in favor of One2Fan and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of One2Fan and its permitted transferees and sublicensees. The Creator hereby represents that the Creator has the right to grant the license and waivers stated above.
4.3. Follower's License to One2Fan
If a Follower submits any Content to the Platform for any reason (including comments), terms of Section 4.2. are applicable to such Follower.
5. FOLLOWER'S MEMBERSHIP, PURCHASES AND PAYMENT TERMS IN FAVOUR OF CREATOR
5.1 Any person might become the User of the Platform at no cost.
5.2. FOLLOWER'S MEMBERSHIP:
5.2.1. As a Follower, you will have the ability to support your favorite Creators and obtain the Membership subscription.
5.2.2. Fees for the Membership subscription may be changed from time to time.
5.2.3. The actual method for charging fees for the Membership subscription is memorialized in various notices and notifications you will receive while using the Platform. Notices and notifications issued by the Company and/or a Third-Party Provider regarding various types of charges are part of this Agreement and/or the agreement with such a Third-Party Provider, accordingly. If you continue to use the Platform after receiving such notices or notifications regarding charges, you are deemed to have unconditionally agreed to pay fees to the Company and/or a Third-Party Provider under the relevant notices or notifications.
5.2.4. THE FOLLOWER CONFIRMS AND AGREES THAT BY clicking 'Proceed to Payment' you accept the present Terms of Service and the terms of the Recurring Billing Policy (https://one2fan.com/recurring-policy) and agree that you are engaging in a monthly Membership (starting day of first time subscribing). Your payment card will be automatically billed "amount + currency" every (rebilling period) day/week/month from the date of your subscription. All other conditions of the recurring payments shall be regulated by the Recurring Billing Policy available at the Platform.
5.3. FOLLOWER'S ONE-TIME PURCHASES:
5.3.1. The Follower may purchase prepaid in-platform credits to use on the Platform in order to support the Creators.
5.3.2. The Follower authorizes and agrees to each of these payments made for the purpose of such ad hoc purchases of credits being debited using the details of the payment card that you supply.
5.4. PAYMENT TERMS IN FAVOUR OF CREATOR:
5.4.1. Any payments in relation to the Creator are not regulated by these Terms and shall be treated with the Particular Terms promulgated by a Third-Party Provider responsible for such payouts. At the effective date of the present edition of these Terms, there are the following Third-Party Providers for this purpose:
https://www.unlimit.com
https://exactly.com,
https://stripe.com.
5.4.2. The Creator agrees to be solely responsible for all tax returns and payments required to be filed with the relevant tax authority in respect of any payment under this Agreement. Further, the Creator agrees to indemnify and hold the Company harmless against all taxes, costs, penalties, interests, or proceedings arising out of or in connection with such taxes.
5.4.3. For the Creators from the European Union One2Fan or a Third-Party Provider may be obliged to calculate and directly pay applicable to such Creators taxes. In this case final amount receiving by the Creator will be decreased on a relevant amount.
6. REFUND POLICY
6.1. The Follower is duly informed that the Follower is solely responsible for the settings of the Follower's profile and devices which may requite to change the settings for the purpose to stop the Membership subscription, i.e., by turn off the "Auto-Renew' feature or otherwise as defined in the Recurring Billing Policy.
6.2. If you consider that you have the right to a refund, please contact One2Fan User Support.
The notice should be sent to: [email protected] or via one2fan.com/contact-us form or via Online Support in your account one2fan.com/@help.
The refund will take approximately 14 working days from the date of our first reply. Please write to us from the email address which you are assigned with the Account or your refund may be delayed.
6.3. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a Membership offering (or a one-time credit purchase) is made prior to midnight of the third business day following the date of purchase, or if the laws applicable in your jurisdiction provide for refunds.
For residing in the EU or the European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the Membership subscription begins (or a one-time purchase of credits is made). Please note that this 14-day period commences when the subscription starts.
One2Fan reserves the right to definitively refuse a refund request made past the acceptable period as indicated in this Section 6.
6.4. Recurring payments for the subsequent months of Membership after the first are considered to be parts of a single subscription and are nonrefundable in all cases.
6.5. One2Fan is not responsible for any decision in relation to your application on refund made by a Third-Party Provider (if any).
6.6. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
7. ELECTRONIC NOTICES
7.1. By using our Services, you agree and consent to receive electronically all types of communications, including marketing and non-marketing, such as agreements, documents, receipts, notices, and disclosures (collectively, "Communications") related to your Account and/or use of the Services. One2Fan may deliver these Communications by posting them on the Services, sending them to your provided email address, and/or delivering them via SMS or text message to your provided mobile phone number (if applicable). Standard messaging, data, and other rates and fees imposed by your carrier may apply to mobile Communications. It is crucial to regularly check your emails, as electronic communication is the primary means of interaction with our Users. To ensure access to Communications, you may want to print a paper copy or save an electronic version. Additional electronic or paper copies of Communications can be requested through our support email at [email protected], subject to applicable fees.
7.2. Users acknowledge and agree that the Platform may employ messaging features to communicate with a limited or unlimited number of Users, and such Communication may take place also on behalf of Creators. By using the Platform, Users expressly consent to the possibility that messages received from Creators or the Platform itself may be generated using mass messaging functionality (sending messages to multiple individuals) or scheduled messages.
7.3. You have the right to withdraw your consent to receive electronic Communications. To do so, send a withdrawal notice to the support email at [email protected]. Additionally, you can use the corresponding feature within your User's Account http://one2fan.com/me/edit or click on the unsubscribe link provided in any of our emails to you. It is important to note that if you decline or withdraw your consent for electronic Communications, One2Fan reserves the right to suspend or terminate your use of the Services, which may include limiting access to specific features or Services.
8. DISCLAIMER OF WARRANTIES
8.1. OUR SERVICES ARE PROVIDED ON A STRICTLY "AS IS", "WHERE IS" AND "WHERE AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
8.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
8.4. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
8.5. You understand and agree that we are not obliged to keep all or part of the User's Content and provide with uninterrupted access to such Content.
8.6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
8.7. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8.8. TO THE FULLEST EXTENT PROVIDED BY LAW, ONE2FAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
8.9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY
9.1. You acknowledge and agree that there are risks associated with the Services provided through the Platform as follows:
– personal safety when showing you to public and further meeting someone in person (whenever and wherever);
– stalking and harassment;
– fraud, when people appeal to your better nature to help them out of an "unfortunate situation" by sending money;
– people masquerading as somebody who they are not;
– spam, selling or fraud;
– potential theft of your money if you do not use a secure link when making payments.
The list of risks is not limited by abovementioned and you shall be attentive and care despite the possible sense that you are not the person who might be a subject of mislead or fraud.
The Company is waived any responsibility or liability for Users' interaction with fake or false Users of the Services.
BY USING THE PLATFORMAND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ONE2FAN AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ONE2FAN RECORDS, PROGRAMS OR SERVICES.
9.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. CONTENT AND COPYRIGHT
10.1. When the Creator is using our Services, the Creator is obliged no post or upload any Content which:
a) contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
b) is obscene, pornographic or otherwise may offend human dignity;
c) is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
d) encourages any Prohibited Activity;
e) is defamatory;
f) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
g) involves the transmission of "junk" mail or "spam";
h) impersonates a person, company or brand with the intent to deceive or confuse others;
i) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from One2Fan or otherwise;
j) itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
k) shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
l) contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on or upload via our Services because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using the One2Fan's Platform and we may disable your Account or block you from further use of the One2Fan's Platform. We may remove any Content you submit to the One2Fan's Platform if we believe it violates the Terms or we are required to do so by applicable law.
10.2. The Follower's Content (if any) shall be also corresponded with the requirement mentioned in Section 10.1 and any additional requirements defined in the Content Agreement at https://one2fan.com/content-agreement.
10.3. We do not allow any Content that infringes intellectual property. The use of the Content belonging to others without proper authorization or legally valid reason may lead to a violation of our policies.
10.4. Not all unauthorized uses of the Content belonging to others constitute an infringement. In many countries, exceptions to intellectual property infringement allow the use of the Content belonging to others under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
10.5. Any User's Content that infringes any other person's intellectual property may be removed. The Account may be suspended or terminated for multiple intellectual property violations in connection with the use of the Platform, or other violations of the Terms. We reserve the right to refuse any Account holder whose Account was used for improper activities from opening a new Account with the Platform.
10.6. Please refer to our Intellectual Property Infringement Policy at https://one2fan.com/ip-infringement-policy for details.
PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR PLATFORM, AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE PLATFORM OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND AGREE THAT SUCH TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE PLATFORM.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE TERMS, AT ANY TIME WITHOUT NOTICE.
OUR PLATFORM IS NOT INTENDED FOR MINORS. YOU MUST BE AT LEAST 18 YEARS OLD AND MUST REACH THE AGE OF MAJORITY IN APPLICABLE TO YOU JURISDICTION TO HAVE ACCESS TO OUR PLATFORM.
1. DEFINITIONS.
In the Terms, the following terms shall have the meaning set forth beside them:
"Agreement" means the agreement for the provision of the Services between you and One2Fan that will be formed when you accept these Terms, and which will include these Terms, the Privacy Policy and any other agreed terms and conditions;
"Affiliate" means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person;
"Content" usually means any and all information published by a Creator on the Platform.
"Creator" means an individual who creates an Account and as Membership page (as a case may be) on the One2Fan Platform to post its Content.
"Follower" means an individual who enjoys the Creator's Content and purchases the Membership (as a case may be) to support its favorite Creator's creations.
"Illegal or Immoral Purposes" means promoting, executing, or funding terrorist, defamatory, discriminatory, fascists or hatred ideologies, activities or groups, and any other activities which are illegal or considered as immoral under the applicable laws and regulations in the jurisdictions where the User or the Company and the Company's Affiliates are located or provide services;
"Membership" means membership programs for the Followers, on a subscription basis, to access and support the Creators that the Followers prefer.
"One2Fan", "we", "us", "our" or "the Company" means Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic, registered on July 19, 2018 under the number 07297408;
"One2Fan Platform" or "Platform" means the set of a software solution, software features, services and applications aggregated at the Website for the purpose to provide Services to the Users by the Company in relation to the Creator's Content and its access and support by the Follower.
"Parties" means the parties of the Agreement;
"Prohibited Activity" includes (but not limited to) any product, service or business relating to gambling, pornography or obscene material, prostitution, alcohol, tobacco, illegal or prescription drugs, drug trafficking, controlled substances, money laundering, terrorism, homeland security, human trafficking, human trafficking for the purpose of sexual exploitation and physical abuse or any other activity which is illegal or considered as immoral in the jurisdictions where the User or the Company and the Company's Affiliates Third-Party Providers are located or provide services;
"Services" means the services made available by One2Fan to the Creators for the purpose to upload the Creator's creations and for the Followers for the purpose to access to the Creator's creations and to support their favorite Creator's creations.
"Terms" means these terms of service;
"Third-Party Provider" means a third party that is independent to One2Fan and provides with its services on the Platform in accordance with its own rules, including terms and conditions of such third party.
"User", "your" or "you" means the person or persons, using the Platform as a Creator or a Follower depending on the context.
"Website" means https://one2fan.com owned and operated by the Company or its Affiliate.
2. SCOPE OF THESE TERMS
2.1. Unless otherwise stated herein, these Terms govern your using our Services as a Creator or as a Follower, including the Platform that are not governed by the particular terms of use or terms and conditions (collectively, the "Particular Terms"). One2Fan promulgates terms and conditions regulated mutual relationships between a Creator and a Follower as the Particular Terms for this purpose. You may refer to Creator and Follower Mutual Contract at https://one2fan.com/contract.
2.2. If you become a Creator or a Follower, these Terms together with the provisions of the Privacy and Cookie Policy (as all are amended from time to time) and with any other documents, which can be found on our Website constitute a legally binding contract between us or between the parties mentioned in such documents. You should read all of those terms carefully and any other documents that we have supplied or in the future will supply to you.
3. THE SERVICES, REGISTRATION AND ACCESS
3.1. THE SERVICES AND ACCESS TO THEM
3.1.1. These are the entire Terms that apply to the use of any services provided in relation to the visiting our Website, registration as a User, submitting any Content, access to the Content, obtaining Membership, supporting Creators and any other features that may be added to the Platform from time to time (the "Services").
3.1.2. Use of the Services is subject to these Terms. If you have any objections to the Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website. Your use of the Services is governed by the version of the Terms in effect on the date each Service is used by you. You are responsible for checking this page on our Website periodically in order to review the current version of the Terms.
3.1.3. You must meet certain eligibility criteria to use our Services. By accessing or using Services, you represent and warrant that: (a) you are at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age; (b) have not previously been suspended or removed from using our or our Affiliates' Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using our Platform for any illegal activity, including for Illegal or Immoral Purposes and/or Prohibited Activity.
3.2. THE REGISTRATION AND ACCOUNT
3.2.1. In order to access and use our Services, it will be required to register for the Services as a Creator or a Follower, complete the sign-up process and create an account (the "Account") directly through our Platform.
3.2.2. Creating your Account, you shall honestly choose the appropriate status as it is defined, and you shall be at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age.
3.2.3. We reserve the right to decline to provide the Services to any person or entity, to suspend, change or terminate the Services, at our sole discretion with or without reasons or prior notice.
3.2.4. We reserve the right to withdraw material you provide to the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to Users to some parts of the Platform, to certain Accounts or the whole of the Platform, including registered Users.
3.2.5. You are responsible for:
• making all arrangements necessary for you to have access to the Platform.
• ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and comply with them.
• maintaining and promptly update your Account information.
• maintaining the security of your Account by protecting your password and restricting access to your Account.
• all activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
3.2.6. By accepting the Terms, you hereby represent and warrant to us that:
a) all information you have provided and will provide to us is true, complete, accurate and not misleading;
b) your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services, and not for Illegal or Immoral Purposes;
c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
d) you shall not use the Services in connection with any Prohibited Activity; and
e) you shall not use the Platform for any Illegal or Immoral Purposes.
3.2.7. We reserve to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services or the Platform, in the event that (i) when we reasonably suspect that you have breached any of the Terms, (ii) when we reasonably suspect fraudulent or illegal activities, or (iii) when the Terms have been terminated.
3.2.8. You are solely and wholly responsible for the security of your Account and the use of our Services. We urge you to keep your account password secure and to always log-off from the Services when leaving the device through which you accessed the Services unattended.
3.2.9. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Services.
3.2.10. You shall notify One2Fan about all breaches of these Terms that you become aware within the using of the Services.
3.3. CREATOR'S ACCOUNT AND VERIFICATION OF CREATOR
3.3.1. The Creator is solely an independent contractor and in no way shall a Creator be considered an employee, agent or partner of One2Fan and/or a Third-Party Provider. The Creator acknowledges and agrees that nothing in these Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between the Creator and One2Fan, its employees, agents, assigns or Third-Party Providers. The Creator understands and agrees that any Content submitted to the Platform may be checked, monitored and/or recorded by One2Fan.
3.3.2. In order to access the Platform as a Creator and to submit, upload, license and sell (as a case may be) your Content, you must first register by creating a Creator's Account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party's intellectual property (such as copyright or trademark), as well as a password. Then, you will be asked to complete your registration; in order to do so, you must fill out an online registration form that includes your full name and your date of birth. You will also be asked to provide governmental issued identification documents that will be verified using identifying organizational measures usually applicable for such verification. Once we have received your registration form duly completed, One2Fan or a Third-Party Provider may contact you to validate and/or obtain additional information. One2Fan reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
3.3.3. You agree and represent that you will not share your Account or login information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify One2Fan and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including uploads, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your Account. One2Fan is not liable for your losses caused by any unauthorized use of your Account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify One2Fan against any such claims made against it by third parties.
3.3.4. You agree and understand that your Account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, One2Fan may remove such photo. Repeat infringement may result in the termination of your account in accordance with these Terms.
3.3.5. You have the right to add the link on your profile within another social network (e.g., TikTok, Instagram, etc.) if you consider its reasonable, secured and if it not prohibited by the terms and conditions of a relevant social network. You are solely responsible for any consequences arising from the adding of such link and relationship with a relevant social network.
3.3.6. You may add the link on your One2Fan profile to another social network profile (bio) if it is not directly prohibited or limited by the terms and conditions of a relevant social network. You shall carefully check such terms and conditions and ask the permission from a relevant social network if you have any doubts, or you shall upgrade your account level within such social network (when and if applicable). You are solely responsible for any consequences arising from the adding of such link within another social network profile (bio) and relationship with a relevant social network. You acknowledge and agree that you confirm your understanding about possible obligations to make the Content within One2Fan Platform fully compliance with the terms and conditions of a relevant social network if you add a link on your One2Fan profile to another social network profile (bio). You shall be informed that your profile within another social network may be blocked or suspended due the breaches of the terms and conditions applicable to you within such another social network platform.
3.3.7. If you decide to close your Account, which you can do at any time, all of your Content will be removed, except as provided in these Terms. If you delete your Account, or if you remove Content from your Account, such Content will no longer appear on the Platform but will remain in the account of the Followers who has Membership subscription on that Content. As for the Membership granted to any Follower, such Membership will terminate once it expires and all Content related thereto will be removed (but not early).
3.4. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
3.4.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
3.4.2. Use our Services to pay for, support or otherwise engage in any Prohibited Activity;
3.4.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
3.4.4. Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
3.4.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
3.4.6. Develop any third-party applications that interact with our Services without our prior written consent;
3.4.7. Provide false, inaccurate, or misleading information;
3.4.8. Attempt to decompile the Platform; or reverse engineer any part of the Platform for any personal, non-commercial or commercial use;
3.4.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.5. UNAUTHORIZED ACTIVITIES
3.5.1. We ask that you respect our on-line community and other Users when posting Content and using the Services.
3.5.2. When submitting Content to or otherwise using the Services, you agree not to:
– submit material that violates someone's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
– publish falsehoods or misrepresentations that could damage us, our Users or any third party;
– publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
–submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
– "stalk" or harass any person;
– behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
– post advertisements;
– impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
– solicit a User's password or other Account information;
– make screenshots of the messages with other users and publish this information by any way;
– make screenshots of other Users' Content and publish this information by any way;
– use, publish or keep any information about other users that becomes available for the reason of mistakes or other problems in the Platform; or
– gather (or attempt to gather) User' names, addresses, or email addresses for any purpose.
3.5.3. The above-mentioned list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.
3.5.4. We reserve the right to disclose any information that you or other Users submit through the Platform, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
3.5.5. Each User is entirely accountable for their interactions with other Users. We retain the right, though we are not obligated, to monitor disputes among Users. Additionally, we are not in any way responsible for the expectations, promises, or accuracy of any information provided by any User.
3.5.6. If Users send explicit content in private messages and complaints are received, we reserve the right to block those Users.
4. LICENSE
4.1. One2Fan's License to User
One2Fan hereby grants the User a limited, non-exclusive, non-transferable license, without the right to sub-license, to access and utilize the Platform and its content solely for its own purposes in accordance with common aim for such type of Services.
Financial Products
For the avoidance of doubt, the User may not:
a. use the Services or any of the User's Content in the creation, structuring or provision of any financial instrument or investment product (each, a "Financial Product");
b. present such Services or the User's Content to any customers, potential investors or investors as part of any Financial Product; or
c. use such Services or the User's Content directly in calculations required for the creation, structuring or provision of any Financial Product.
4.2. Creator's License to One2Fan
By using the Platform, the Creator retains control and legitimate ownership rights in its Content and the Followers are granted nothing more than the right to view, license, or buy Creator's Content. The Creator agrees and understands that One2Fan may make use of the Creator's Content (alone or in combination with other works) for promotional or commercial purposes only and to render the Services pursuant to these Terms. Therefore, any Creator hereby grants One2Fan a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use the Creator's Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. The Creator hereby waives any "moral rights" or similar rights in and to the Content in favor of One2Fan and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of One2Fan and its permitted transferees and sublicensees. The Creator hereby represents that the Creator has the right to grant the license and waivers stated above.
4.3. Follower's License to One2Fan
If a Follower submits any Content to the Platform for any reason (including comments), terms of Section 4.2. are applicable to such Follower.
5. FOLLOWER'S MEMBERSHIP, PURCHASES AND PAYMENT TERMS IN FAVOUR OF CREATOR
5.1 Any person might become the User of the Platform at no cost.
5.2. FOLLOWER'S MEMBERSHIP:
5.2.1. As a Follower, you will have the ability to support your favorite Creators and obtain the Membership subscription.
5.2.2. Fees for the Membership subscription may be changed from time to time.
5.2.3. The actual method for charging fees for the Membership subscription is memorialized in various notices and notifications you will receive while using the Platform. Notices and notifications issued by the Company and/or a Third-Party Provider regarding various types of charges are part of this Agreement and/or the agreement with such a Third-Party Provider, accordingly. If you continue to use the Platform after receiving such notices or notifications regarding charges, you are deemed to have unconditionally agreed to pay fees to the Company and/or a Third-Party Provider under the relevant notices or notifications.
5.2.4. THE FOLLOWER CONFIRMS AND AGREES THAT BY clicking 'Proceed to Payment' you accept the present Terms of Service and the terms of the Recurring Billing Policy (https://one2fan.com/recurring-policy) and agree that you are engaging in a monthly Membership (starting day of first time subscribing). Your payment card will be automatically billed "amount + currency" every (rebilling period) day/week/month from the date of your subscription. All other conditions of the recurring payments shall be regulated by the Recurring Billing Policy available at the Platform.
5.3. FOLLOWER'S ONE-TIME PURCHASES:
5.3.1. The Follower may purchase prepaid in-platform credits to use on the Platform in order to support the Creators.
5.3.2. The Follower authorizes and agrees to each of these payments made for the purpose of such ad hoc purchases of credits being debited using the details of the payment card that you supply.
5.4. PAYMENT TERMS IN FAVOUR OF CREATOR:
5.4.1. Any payments in relation to the Creator are not regulated by these Terms and shall be treated with the Particular Terms promulgated by a Third-Party Provider responsible for such payouts. At the effective date of the present edition of these Terms, there are the following Third-Party Providers for this purpose:
https://www.unlimit.com
https://exactly.com,
https://stripe.com.
5.4.2. The Creator agrees to be solely responsible for all tax returns and payments required to be filed with the relevant tax authority in respect of any payment under this Agreement. Further, the Creator agrees to indemnify and hold the Company harmless against all taxes, costs, penalties, interests, or proceedings arising out of or in connection with such taxes.
5.4.3. For the Creators from the European Union One2Fan or a Third-Party Provider may be obliged to calculate and directly pay applicable to such Creators taxes. In this case final amount receiving by the Creator will be decreased on a relevant amount.
6. REFUND POLICY
6.1. The Follower is duly informed that the Follower is solely responsible for the settings of the Follower's profile and devices which may requite to change the settings for the purpose to stop the Membership subscription, i.e., by turn off the "Auto-Renew' feature or otherwise as defined in the Recurring Billing Policy.
6.2. If you consider that you have the right to a refund, please contact One2Fan User Support.
The notice should be sent to: [email protected] or via one2fan.com/contact-us form or via Online Support in your account one2fan.com/@help.
The refund will take approximately 14 working days from the date of our first reply. Please write to us from the email address which you are assigned with the Account or your refund may be delayed.
6.3. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a Membership offering (or a one-time credit purchase) is made prior to midnight of the third business day following the date of purchase, or if the laws applicable in your jurisdiction provide for refunds.
For residing in the EU or the European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the Membership subscription begins (or a one-time purchase of credits is made). Please note that this 14-day period commences when the subscription starts.
One2Fan reserves the right to definitively refuse a refund request made past the acceptable period as indicated in this Section 6.
6.4. Recurring payments for the subsequent months of Membership after the first are considered to be parts of a single subscription and are nonrefundable in all cases.
6.5. One2Fan is not responsible for any decision in relation to your application on refund made by a Third-Party Provider (if any).
6.6. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
7. ELECTRONIC NOTICES
7.1. By using our Services, you agree and consent to receive electronically all types of communications, including marketing and non-marketing, such as agreements, documents, receipts, notices, and disclosures (collectively, "Communications") related to your Account and/or use of the Services. One2Fan may deliver these Communications by posting them on the Services, sending them to your provided email address, and/or delivering them via SMS or text message to your provided mobile phone number (if applicable). Standard messaging, data, and other rates and fees imposed by your carrier may apply to mobile Communications. It is crucial to regularly check your emails, as electronic communication is the primary means of interaction with our Users. To ensure access to Communications, you may want to print a paper copy or save an electronic version. Additional electronic or paper copies of Communications can be requested through our support email at [email protected], subject to applicable fees.
7.2. Users acknowledge and agree that the Platform may employ messaging features to communicate with a limited or unlimited number of Users, and such Communication may take place also on behalf of Creators. By using the Platform, Users expressly consent to the possibility that messages received from Creators or the Platform itself may be generated using mass messaging functionality (sending messages to multiple individuals) or scheduled messages.
7.3. You have the right to withdraw your consent to receive electronic Communications. To do so, send a withdrawal notice to the support email at [email protected]. Additionally, you can use the corresponding feature within your User's Account http://one2fan.com/me/edit or click on the unsubscribe link provided in any of our emails to you. It is important to note that if you decline or withdraw your consent for electronic Communications, One2Fan reserves the right to suspend or terminate your use of the Services, which may include limiting access to specific features or Services.
8. DISCLAIMER OF WARRANTIES
8.1. OUR SERVICES ARE PROVIDED ON A STRICTLY "AS IS", "WHERE IS" AND "WHERE AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
8.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
8.4. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
8.5. You understand and agree that we are not obliged to keep all or part of the User's Content and provide with uninterrupted access to such Content.
8.6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
8.7. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8.8. TO THE FULLEST EXTENT PROVIDED BY LAW, ONE2FAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
8.9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY
9.1. You acknowledge and agree that there are risks associated with the Services provided through the Platform as follows:
– personal safety when showing you to public and further meeting someone in person (whenever and wherever);
– stalking and harassment;
– fraud, when people appeal to your better nature to help them out of an "unfortunate situation" by sending money;
– people masquerading as somebody who they are not;
– spam, selling or fraud;
– potential theft of your money if you do not use a secure link when making payments.
The list of risks is not limited by abovementioned and you shall be attentive and care despite the possible sense that you are not the person who might be a subject of mislead or fraud.
The Company is waived any responsibility or liability for Users' interaction with fake or false Users of the Services.
BY USING THE PLATFORMAND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ONE2FAN AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ONE2FAN RECORDS, PROGRAMS OR SERVICES.
9.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. CONTENT AND COPYRIGHT
10.1. When the Creator is using our Services, the Creator is obliged no post or upload any Content which:
a) contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
b) is obscene, pornographic or otherwise may offend human dignity;
c) is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
d) encourages any Prohibited Activity;
e) is defamatory;
f) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
g) involves the transmission of "junk" mail or "spam";
h) impersonates a person, company or brand with the intent to deceive or confuse others;
i) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from One2Fan or otherwise;
j) itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
k) shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
l) contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on or upload via our Services because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using the One2Fan's Platform and we may disable your Account or block you from further use of the One2Fan's Platform. We may remove any Content you submit to the One2Fan's Platform if we believe it violates the Terms or we are required to do so by applicable law.
10.2. The Follower's Content (if any) shall be also corresponded with the requirement mentioned in Section 10.1 and any additional requirements defined in the Content Agreement at https://one2fan.com/content-agreement.
10.3. We do not allow any Content that infringes intellectual property. The use of the Content belonging to others without proper authorization or legally valid reason may lead to a violation of our policies.
10.4. Not all unauthorized uses of the Content belonging to others constitute an infringement. In many countries, exceptions to intellectual property infringement allow the use of the Content belonging to others under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
10.5. Any User's Content that infringes any other person's intellectual property may be removed. The Account may be suspended or terminated for multiple intellectual property violations in connection with the use of the Platform, or other violations of the Terms. We reserve the right to refuse any Account holder whose Account was used for improper activities from opening a new Account with the Platform.
10.6. Please refer to our Intellectual Property Infringement Policy at https://one2fan.com/ip-infringement-policy for details.
11. MODERATION POLICY
11.1. We reserve the right to decline or delete any Content that does not correspond to the requirements defined in Section 3.5.2. and Section 10.1. of these Terms.
11.2. Apart from the requirements defined in Section 3.5.2. and Section 10.1., One2Fan promulgates the following criterions of the Content that may be recognized as non-acceptable:
• Content created by any person who is not at least eighteen (18) years of age and in the event that the laws of jurisdiction require to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – who is not at least such age;
• dangerous or speculative Content;
• offensive or provocative Content;
• Content with personal attacks;
• false Content;
• artificially created or specially processed Content that misleads the Users;
• the Content related to coordinated malicious activities;
• disgusting Content;
• obscene and rude Content;
• violent Content;
• low quality Content (low resolution, lighting);
• the Content that relates to events or topics of a sensitive nature (such as death, natural disasters, man-made disasters, violent assault, civil unrest, etc.) and contains any of the following elements: hashtagging, selling products or services, political propaganda or other inappropriate Content.
12. INDEMNIFICATION
12.1. The Creator agrees and acknowledges that it is solely responsible for its Content. The Creator represents and warrants that it has all necessary licenses and clearances to use any pictures, photos, phrases, music, etc. contained in its Content.
12.2. As between the Creator and One2Fan, the Creator shall be solely responsible for obtaining, prior to upload to the Platform, all rights in and to all music, inter alia, other items (e.g., sound recordings and musical works, etc.) in the Creator's Content. To the maximum extent permitted by applicable law, the Creator agrees to defend, indemnify, and hold harmless One2Fan, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees and expenses), arising out of any third party claims in connection with any breach by the Creator of Section 12.1 and/or this Section 12.2.
12.3. In addition to Section 12.2. the Creator shall pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors for any loss of these parties that is caused by any of the following:
(a) your access of the Website;
(b) your conduct on the Website, including your submissions to the Website;
(c) your breach of this Agreement;
(d) your actual or alleged violation of rights of any person, including intellectual property and privacy rights;
(e) your actual or alleged violation of any contract and/or any law;
(f) your actual or alleged negligent, fraudulent, or intentional conduct; or
(g) your actual or alleged criminal conduct and any your relation to Prohibited Activities.
12.4. If anything from Sections 12.1., 12.2. and 12.3. is applicable to a Follower, the Follower has the same obligations and responsibilities as mentioned in these sections.
12.5. These defense and indemnification obligations from this Section 12 will survive these Terms and the User's use of the Platform. The User also agrees to defend, indemnify, and hold harmless One2Fan and defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. The Users agrees to indemnify and hold One2Fan harmless from any liability that may arise from someone viewing your Content, especially if you are the Creator. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense and choose our own legal counsel but are not obligated to do so. You understand and accept that no communication between you and other Users of the Platform is private. The User hereby specifically releases us and all other Users of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms.
13. FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding One2Fan or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of One2Fan. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in this section.
14. ONE2FAN'S IP RIGHTS
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on Platform or provided in connection with the Services, including, without limitation, the Services and its entire contents, features, and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files, other files and the selection and arrangement thereof) are the proprietary property of the Company or our Affiliates, licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
14.2. "One2Fan", the Company's logo and any other Company's product or service names, logos or slogans that may appear on our Services are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Services without our prior written permission, including without limitation any messages or other "hidden text" utilizing any trademark, product or service name of the Services. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
15. PRIVACY AND SECURITY
15.1. Please see our current Privacy and Cookie Policy at https://one2fan.com/policy.
15.2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
16. THIRD PARTIES, THEIR SERVICES AND CONTENT; PROMOTIONS
16.1. The Company and the Creator have the right to conclude the contracts or have any other arrangements for the purpose to collaborate with third parties that assist in attraction of new Users interested in our Services as well as for the purpose to promote the Creator's Content among the Followers. Such third parties might receive the consideration or reimbursement for attracted Users and their contribution into the Services.
16.2. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The Company is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you.
16.3. We do not control or approve any third-party content and shall have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties that are linked to our Service, is at your own risk and we are not responsible or liable for any loss or damage of any sort incurred as the result of such use or interaction.
16.4. The Creator is obliged to control the Content submitted to the Platform by any third party on behalf of the Creator.
16.5. By default, all Content submitted to the Platform is the Creator's Content with full responsibility of the Creator on it. If the Creator determines that its Account is on control of any third party which illegally uses it, the Creator is obliged to notify us immediately.
16.6. In any case the Company is not responsible for any contractual relationships or other arrangements with third parties attracted for the purpose to promote the Creator's Account.
16.7. Any promotions administered or conducted using the Platform (the "Promotion") are subject to prior separate agreements between the Company and the Creator. If the Creator chooses to promote, administer, or conduct a Promotion subject to foregoing, the Creator always shall follow the following rules:
(a) the Creator may carry out Promotions to the extent permitted by applicable law and the Creator is solely responsible for ensuring that you and any Promotions comply with any and all applicable law obligations and restrictions as well as to any Platform documents.
(b) the Creator, at its own expense, will be solely responsible for all aspects of the Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. The Company has the right to remove the Promotion from the Platform for any reason.
(c) the Company is not responsible for and does not endorse or support any such Promotions. The Creator may not indicate that the Company is a sponsor or a co-sponsor of any Promotion.
For clarity, any Promotion may take place upon additional binding agreement between the Creator and the Company and subject to technical functionality of the Platform.
16.8. In addition to the provisions set forth in outlined in these Terms and this Section 16, we may offer the Creator the option to utilize the services of a qualified contractor to assist in managing their Account and, when applicable, handle correspondence on their behalf. The Creator maintains the discretion to determine whether to engage the contractor's services or manage their Account independently.
Please be aware that the contractor is an independent entity (or an individual) and not an agent or employee of One2Fan. One2Fan assumes no responsibility for any intentional or negligent acts, omissions, or failures of the contractor, including but not limited to their failure to provide services or inadequacies in service delivery.
As per requirement of the contractors, we are prohibited from disclosing their contact information. The services provided by the contractor may include, but are not limited to, the following:
We want to emphasize that One2Fan is not liable for the quality of any additional services provided by such contractors.
17. SUSPENSION. TERMINATION
In the event of any Force Majeure Event (as defined in "Miscellaneous" Section 18.4.), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for One2Fan, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Platform in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and Content in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
18. MISCELLANEOUS
18.1. Entire Agreement. Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with One2Fan for the Services or for any other One2Fan product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with One2Fan, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
18.2. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
18.3. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
18.4. Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
18.5. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
18.6. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
18.7. Platform's Language. The official language of One2Fan and its appropriate Services is English. One2Fan has the right to add additional languages for some purposes. Despite this fact, English language remains official.
18.8. Terms' Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications. In the course of such translation or communication some of the information contained herein may be lost, corrupted, or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
18.9. Third-Party Beneficiary. One2Fan and the User acknowledge and agree that Third-Party Providers, as well their subsidiaries, are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.
18.10. Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the law of the Czech Republic.
18.11. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be submitted, to the extent permitted by law, to the exclusive jurisdiction of the competent court at the registered office of the Company.
Culturika s.r.o.
Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic
EMAIL [email protected]
© 2024 One2fan.com
Culturika s.r.o. Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic.
11.1. We reserve the right to decline or delete any Content that does not correspond to the requirements defined in Section 3.5.2. and Section 10.1. of these Terms.
11.2. Apart from the requirements defined in Section 3.5.2. and Section 10.1., One2Fan promulgates the following criterions of the Content that may be recognized as non-acceptable:
• Content created by any person who is not at least eighteen (18) years of age and in the event that the laws of jurisdiction require to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – who is not at least such age;
• dangerous or speculative Content;
• offensive or provocative Content;
• Content with personal attacks;
• false Content;
• artificially created or specially processed Content that misleads the Users;
• the Content related to coordinated malicious activities;
• disgusting Content;
• obscene and rude Content;
• violent Content;
• low quality Content (low resolution, lighting);
• the Content that relates to events or topics of a sensitive nature (such as death, natural disasters, man-made disasters, violent assault, civil unrest, etc.) and contains any of the following elements: hashtagging, selling products or services, political propaganda or other inappropriate Content.
12. INDEMNIFICATION
12.1. The Creator agrees and acknowledges that it is solely responsible for its Content. The Creator represents and warrants that it has all necessary licenses and clearances to use any pictures, photos, phrases, music, etc. contained in its Content.
12.2. As between the Creator and One2Fan, the Creator shall be solely responsible for obtaining, prior to upload to the Platform, all rights in and to all music, inter alia, other items (e.g., sound recordings and musical works, etc.) in the Creator's Content. To the maximum extent permitted by applicable law, the Creator agrees to defend, indemnify, and hold harmless One2Fan, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees and expenses), arising out of any third party claims in connection with any breach by the Creator of Section 12.1 and/or this Section 12.2.
12.3. In addition to Section 12.2. the Creator shall pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors for any loss of these parties that is caused by any of the following:
(a) your access of the Website;
(b) your conduct on the Website, including your submissions to the Website;
(c) your breach of this Agreement;
(d) your actual or alleged violation of rights of any person, including intellectual property and privacy rights;
(e) your actual or alleged violation of any contract and/or any law;
(f) your actual or alleged negligent, fraudulent, or intentional conduct; or
(g) your actual or alleged criminal conduct and any your relation to Prohibited Activities.
12.4. If anything from Sections 12.1., 12.2. and 12.3. is applicable to a Follower, the Follower has the same obligations and responsibilities as mentioned in these sections.
12.5. These defense and indemnification obligations from this Section 12 will survive these Terms and the User's use of the Platform. The User also agrees to defend, indemnify, and hold harmless One2Fan and defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. The Users agrees to indemnify and hold One2Fan harmless from any liability that may arise from someone viewing your Content, especially if you are the Creator. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense and choose our own legal counsel but are not obligated to do so. You understand and accept that no communication between you and other Users of the Platform is private. The User hereby specifically releases us and all other Users of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms.
13. FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding One2Fan or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of One2Fan. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in this section.
14. ONE2FAN'S IP RIGHTS
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on Platform or provided in connection with the Services, including, without limitation, the Services and its entire contents, features, and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files, other files and the selection and arrangement thereof) are the proprietary property of the Company or our Affiliates, licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
14.2. "One2Fan", the Company's logo and any other Company's product or service names, logos or slogans that may appear on our Services are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Services without our prior written permission, including without limitation any messages or other "hidden text" utilizing any trademark, product or service name of the Services. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
15. PRIVACY AND SECURITY
15.1. Please see our current Privacy and Cookie Policy at https://one2fan.com/policy.
15.2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
16. THIRD PARTIES, THEIR SERVICES AND CONTENT; PROMOTIONS
16.1. The Company and the Creator have the right to conclude the contracts or have any other arrangements for the purpose to collaborate with third parties that assist in attraction of new Users interested in our Services as well as for the purpose to promote the Creator's Content among the Followers. Such third parties might receive the consideration or reimbursement for attracted Users and their contribution into the Services.
16.2. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The Company is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you.
16.3. We do not control or approve any third-party content and shall have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties that are linked to our Service, is at your own risk and we are not responsible or liable for any loss or damage of any sort incurred as the result of such use or interaction.
16.4. The Creator is obliged to control the Content submitted to the Platform by any third party on behalf of the Creator.
16.5. By default, all Content submitted to the Platform is the Creator's Content with full responsibility of the Creator on it. If the Creator determines that its Account is on control of any third party which illegally uses it, the Creator is obliged to notify us immediately.
16.6. In any case the Company is not responsible for any contractual relationships or other arrangements with third parties attracted for the purpose to promote the Creator's Account.
16.7. Any promotions administered or conducted using the Platform (the "Promotion") are subject to prior separate agreements between the Company and the Creator. If the Creator chooses to promote, administer, or conduct a Promotion subject to foregoing, the Creator always shall follow the following rules:
(a) the Creator may carry out Promotions to the extent permitted by applicable law and the Creator is solely responsible for ensuring that you and any Promotions comply with any and all applicable law obligations and restrictions as well as to any Platform documents.
(b) the Creator, at its own expense, will be solely responsible for all aspects of the Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. The Company has the right to remove the Promotion from the Platform for any reason.
(c) the Company is not responsible for and does not endorse or support any such Promotions. The Creator may not indicate that the Company is a sponsor or a co-sponsor of any Promotion.
For clarity, any Promotion may take place upon additional binding agreement between the Creator and the Company and subject to technical functionality of the Platform.
16.8. In addition to the provisions set forth in outlined in these Terms and this Section 16, we may offer the Creator the option to utilize the services of a qualified contractor to assist in managing their Account and, when applicable, handle correspondence on their behalf. The Creator maintains the discretion to determine whether to engage the contractor's services or manage their Account independently.
Please be aware that the contractor is an independent entity (or an individual) and not an agent or employee of One2Fan. One2Fan assumes no responsibility for any intentional or negligent acts, omissions, or failures of the contractor, including but not limited to their failure to provide services or inadequacies in service delivery.
As per requirement of the contractors, we are prohibited from disclosing their contact information. The services provided by the contractor may include, but are not limited to, the following:
- The contractor ensures the provision of accurate and legitimate information required for Creator registration on the Platform.
- The contractor may offer translation services for registered Creators and have access to their corresponding communications.
- The contractor may provide with additional services as may be mutually agreed.
We want to emphasize that One2Fan is not liable for the quality of any additional services provided by such contractors.
17. SUSPENSION. TERMINATION
In the event of any Force Majeure Event (as defined in "Miscellaneous" Section 18.4.), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for One2Fan, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Platform in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and Content in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
18. MISCELLANEOUS
18.1. Entire Agreement. Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with One2Fan for the Services or for any other One2Fan product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with One2Fan, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
18.2. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
18.3. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
18.4. Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
18.5. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
18.6. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
18.7. Platform's Language. The official language of One2Fan and its appropriate Services is English. One2Fan has the right to add additional languages for some purposes. Despite this fact, English language remains official.
18.8. Terms' Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications. In the course of such translation or communication some of the information contained herein may be lost, corrupted, or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
18.9. Third-Party Beneficiary. One2Fan and the User acknowledge and agree that Third-Party Providers, as well their subsidiaries, are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.
18.10. Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the law of the Czech Republic.
18.11. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be submitted, to the extent permitted by law, to the exclusive jurisdiction of the competent court at the registered office of the Company.
Culturika s.r.o.
Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic
EMAIL [email protected]
© 2024 One2fan.com
Culturika s.r.o. Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic.