Terms of Service
Content
1. About
2. How it works
3. Account registration
4. Account deactivation
5. Intellectual property rights
6. License
7. Acceptable use
8. User content
9. DMCA
10.Links to website and social media resources
11. Site Links
12. Disclaimer of Warranty; Limitations of Liability
13. User Indemnification
14. Applicable Law and Dispute Resolution
15. Waiver and Severability
16. General
General Definitions
In these Terms the following terms have the following meanings:
"Chargeback" a good faith demand by a credit card provider to FIL to repair a loss incurred by the credit card provider because the User unreasonably disputed a purchase for which the User paid with the User's credit card;
"Creator" a user who uploads content to the site for other users to see;
"Fan" a user who follows another creator and views the creator's user content;
"Fan Interaction" any functionality offered by a Creator as part of the Creator User Content that is by AmazingFans that allows a Fan to interact (by adding and viewing only) the User Content and/or the Creator. "AmazingFans" is a user social network operating on the Site that allows users to provide and view user content and, where appropriate, utilize fan interaction; "Payment Provider" any third party approved by FIL that allows a User to make payments or for a Creator to Receive them;
"Payment Options" the instruction given by each Creator to a Payment Provider as to how the Commission will be transferred by the Payment Provider to the Creator;
"Refund" the return of money to a Fan after a good faith dispute, usually before a chargeback;
“User” any user of the Site, whether Creator or Fan;
"User account" means a section of the website that can only be accessed by the user, which, inter alia, details the payment provider and payment options;
"User Content" any and all photos, videos and other materials or installations (including fan interaction functionality) uploaded to the Site by a Creator;
"Wallet Credits" a prepayment made by a Fan to facilitate access to User Content / Fan Interaction under the terms contained in this agreement.
"Site" the website at www.amazing-fans.com.
1. About
1. The website is a social media website and app service that allows users to create a profile, upload photos and videos on their profile.
2. These Terms govern your use of the website, including any content, functionality and services offered not on or through the website, that are part of AmazingFans. By registering and using AmazingFans, you accept and agree to abide by and abide by these Terms. If you do not wish to agree to these Terms of Service, you must not access or use the Site.
3. Any information you provide on the Site, including answers to “frequently asked questions” is not legally binding on FIL, is informational only and does not form part of the Terms.
4. The Site is available and available only to users of any age. By using the Site, you are of legal age to enter into a binding contract with FIL. If you do not meet all of these conditions, you must not access or use the Site. The Privacy Policy further details how you use third parties to verify your eligibility.
5. The Creator reserves the right to make changes to these Terms at any time and in its sole discretion. All amendments are effective immediately from the moment FIL becomes public and apply to all access to and use of the Site thereafter. By continuing to use Amazing Fans, you agree to the Terms as modified or as they currently appear. You are expected to view this page from time to time so that you are aware of any changes as they are binding on you.
6. By using Amazing Fans, you agree to receive communications electronically, including emails and messages posted to your Amazing fans account, all further detailed in the Privacy Policy. You acknowledge and agree that all communications the Creator sends you electronically satisfies any legal requirement that such communications be in writing.
7. All transactions and interactions related to user content in awesome fans are between users.
8. The creator reserves the right, at any time and without notice:
1. modify, suspend or terminate amazing fans or any part of them;
2. restrict, limit, suspend or terminate your access to AmazingFans or any part thereof;
3. monitor your use of amazingfans (including any content or message you post or transmit on amazingfans) to verify compliance with these Terms and/or any applicable law;
4. investigate any suspected or alleged misuse or illegal use of amazingFans and cooperate with law enforcement agencies in such investigation;
5. Disclose information about the use of Amazingfans in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a legal court order; or
9. From time to time, the creator may restrict access to some parts of the website, or to make the website, to users.
2. How it works
1. AmazingFans is a social media platform that allows you to create a user profile, which in turn allows you to:
1. upload User Content to be seen by other users or Fan Interaction to be used by other Fans; and/or
2. pay to view another User's User Content or use another User's Fan Interaction.
3. Account registration
1. To become a user, you must register and create a user account on AmazingFans. You must provide a valid email address, username and password. It is a condition of your use of the website that all information provided on the website is correct, current and complete.
2. You agree that all information you provide as a user or otherwise, including but not limited
to information provided through the use of any interactive features on the website, and proceed on the basis that you are aware of how and by that the process of creating your personal data as set out in the Privacy Policy.
3. If you wish to view User Content, you will provide a payment card details to a Payment Provider. Your payment card information is stored by the Payment Provider.
4. If you reject by entering two or more payment card details in your user account, if the payment of the first card's receipt stops because the payment card is no longer valid, then the other(s) payment card(s) will be used to charge payment in full to the Revenue.
5. If you are a Creator and wish to receive payment of Commissions, you can include in your User Account as Payment Options and upload a valid identity document. You can also request additional legal information, such as a W-9, if you reside in the United States of America. The exact information required will depend on your country of residence. Amounts owed to you as a Fan Maker will be paid to you by one of our Payment Providers in accordance with your Payment Options. With the exception of creators who wish to receive payment by direct bank transfer from FIL, FIL does not store any data disclosed by you when you register your Payment options with the Payment Provider. Section 4 lectures in more detail on payment processes.
6. By registering with AmazingFans, you confirm that:
1. all User Account registration and profile information is true and accurate and that any User Content provided is yours and does not infringe any intellectual property rights or any other rights owned by third parties;
2. if you already had a user account with Amazing Fans, your old user account was not terminated or suspended for violation of the Terms of Service;
3. The Creator reserves the right, at any time, to verify the information you provide, as well as your compliance with the Terms. If this cannot be verified, please reserve the right to suspend your account.
4. you will not use any third party payment processor to accept subscription payments, or any other service, via Amazing Fans.
7. You are fully responsible for all activities that occur under your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and promptly notify the creator if you believe someone is either using your account without your permission or if your account was created for any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You must take special care when accessing your account from a public or shared computer so that others cannot access, view or record your password or other personal information. 8. The creator reserves the right to disable any username, password or other identifier, whether chosen by you or provided, at any time and at its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of the Terms.
4. Account deactivation
1. If you wish to deactivate your Amazing Fans subscription, you can do so in the user section.
2. If you are a fan, then any account deactivation will take place as soon as possible. You will no longer be given priority or access to User Content or Fan Interaction. All subscriptions will be deleted and cannot be renewed later.
3. If you are a Creator, you can only deactivate your subscription when your last fan subscription expires and you have withdrawn any balance from your account.
4. If a user for Creator and Fan, the account will be deactivated in two steps (Fan and then Creator).
5. You will receive an email confirmation after the natural deletion of your account.
5. Intellectual Property Rights
1. In addition to User Content, the Site and all of its content, features and functionality (including but not limited to all information, software, text, monitors, images, video and audio, and the design, selection, and arrangement thereof) are the property of the creator or other suppliers of such material and are protected by international copyright, trademarks, patents, trade secrets and other intellectual property or proprietary rights laws.
2. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material on any website, except as follows:
1. you may store files that are automatically cached by the web browser for display enhancement purposes; and
2. you may print or download a copy of a reasonable number of pages from the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
3. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in violation of the Terms, your right to use the website will terminate immediately and you shall, at the option of the creator , return or destroy any copies of the materials you have made.
4. Except for User Content, no right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the creator. Any use of the Site not expressly permitted by these Terms is a violation of these Terms and may violate copyright, trademark and other laws.
5. AmazingFans name, logo and all related names, logos, product and service names, designs and slogans are trademarks of its affiliates or licensors. You must not use these marks without prior written permission from the creator. All other names, logos, product and service names, designs and slogans on the site are trademarks of their own.
6. License
1. Subject to all terms, conditions, limitations and restrictions contained in the Terms, we grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Site for your own and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by the creator at any time and for any reason (including, without limitation, if you breach these Terms or any applicable law). Any use of amazingFans that is not expressly permitted by these Terms is strictly prohibited. All rights not expressly granted in this document are reserved to the creator.
2. The creator does not guarantee that AmazingFans is compatible with all devices and operating systems. It is your responsibility to determine whether or not awesome fans are compatible with your device.
7. Acceptable Use
1. The Creator requires all Users to respect and comply with these Terms below at all times when using AmazingFans.
2. You may not:
1. use amazingfans other than for your own legal and personal use in accordance with these Terms;
2. falsify account registration information or make unauthorized use of third-party information or content;
3. use amazingFans in any way or for any purpose that is illegal or illegal, including engaging in any activity that violates any right of any person or entity;
4. copy, reproduce, distribute, modify or create derivative works from any part of AmazingFans without the express written permission of the creator;
5. use amazingFans for the purpose of exploiting, harming or attempting to exploit or harm minors in any way, exposing them to inappropriate content, asking for personally identifiable information or otherwise;
6. transmit or obtain the submission of any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation;
7. engage in any other conduct that restricts or inhibits the use or enjoyment of the website by any person or which, as determined by the creator, may harm the creator or users of the website or expose them to liability;
3. You must not remove, delete, modify or tamper with any copyright, trademark or other proprietary rights notice contained in any User Content that you do not own.
4. You must not use the website in any manner that may disable, overburden, damage or impair the website or interfere with any other party's use of the website, including your ability to engage in real-time activities through the website.
5. You must not decompile, disassemble, reverse engineer or otherwise attempt to discover or derive the source code of Amazing Fans.
6. You must not interfere in any way with the operation of Amazing Fans or any server, network or system associated with Amazing Fans, including without limitation: hacking, mail-bombing, flooding, overloading or making "denial of service" attacks "; probe, scan or test the vulnerability of the website or any server, network or system associated with the website; violate or bypass firewall, encryption, security or authentication routines; access information not destroyed to you or access the account of another user that you are not expressly authorized to access.
7. You must not use Amazing fans for any unauthorized purpose, including, without limitation, for the purpose of building a competitive product or service, performance or functionality, or for any other specific purpose;
8. You must not use any automated program, tool or process (including, without limitation, web crawlers, robots, robot spiders and automated scripts) to access AmazingFans or any server, network or system associated with AmazingFans, or to extract, collect, harvest or collect AmazingFans content or information.
9. You must not make any other use of AmazingFans that violates these Terms or any applicable law.
10. Any posted content that is reported by another user or incredible fans, and which is deemed unacceptable, will be deleted and the user notified by email. Users who repeatedly violate the acceptable use policy may be disabled.
11. By registering an account with Amazing fans, you represent and warrant that:
1. You will fully comply with these Terms;
2. you accept full responsibility for the use of AmazingFans on any device, whether owned by you or not;
3. you accept full responsibility for any User Content created or provided by you; and
4. your use of AmazingFans will not violate these Terms or any applicable law.
12. If you are using AmazingFans on behalf of a company or other entity, you warrant that you are authorized to grant all licenses stipulated or bound by these Terms and that you are authorized to bind the company or other entity to these Terms.
8. User Content
1. By creating and posting User Content on AmazingFans, you authorize your Fans to access and view (without downloading or copying) your User Content on AmazingFans for their own legal and personal use. You further represent, warrant and assume that, for each Submission:
1. you own, have a valid license to, or otherwise control all rights in your User Content;
2. to the extent that your User Content includes or utilizes any third party property, you have secured all rights, licenses, written consents and releases that are placed for the use of third party property in your User Content;
3. Your User Content is not confidential and will be made available to your Fans on amazingFans.com.
2. You grant the Creator and our licensors, successors and assign the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties such material. For clarification: The clause exists for us to use your content by adding stickers, text and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
3. You understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and adequacy.
4. You must indemnify the creator against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profits, loss of identity and all interest, penalties and legal costs (calculated in a full indemnity) and all other reasonable professional costs and expenses incurred or incurred arising out of or in connection with your User Content.
5. The creator is not responsible to any third party for the content or accuracy of any User Content posted by you or any other user of the site
6. By registering for AmazingFans.com, you also agree to act as the custodian of the records of the content you submit to amazingFans.com
9. DMCA
1. Amazingfans respects the intellectual property rights of third parties and voluntarily comply with the Digital Millennium Copyright Act (DMCA) Amazingfans has implemented a policy to terminate repeat copyright infringers. Our repeat offenders (RIP) policy is available upon request to our users.
2. Please note that, under the DMCA, anyone who knowingly makes material misrepresentations in a claimed breach notice or counter notice may be liable for damages.
10. Links to the Website and Social Media Features
1. The Website may provide certain social media features that allow you to:
1. create links from your own Website or certain third-party websites to certain content on the Website;
2. send emails or other communications with certain content, or links to certain content, on the Site;
3. cause limited portions of the content on this website to be or appear to be displayed on your own website or on some third party websites.
2. You may use these features only as provided by the creator, only in relation to the content with which they are discarded. However, you must not:
1. establish a link from any website that you do not own;
2. 12.3.2 cause the Site or parts of it to be hacked into, or appear to be transformed by, any other site, eg framing, deep linking or in-line linking;
3. link to any part of the website that is not a home page; or
4. otherwise, take any action with respect to the materials on this site that is inconsistent with any other provision of these Terms.
3. You agree to cooperate with the creator to immediately stop any unauthorized framing or linking. The creator reserves the right to withdraw the linking permission without prior notice.
4. The Creator may disable all or any social media features and any links at any time, without notice, at FIL's discretion.
11. Website Links
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. The Creator has no control over the content of these websites or resources and accepts no responsibility for them or for any loss or damage that may arise from their use. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and expense and subject to the terms and conditions of use of such websites.
12. Warranty disclaimer; Limitations of Liability
1. By using AmazingFans, you acknowledge and agree to the following:
1. AmazingFans and all its services and features are provided without warranty of any kind, either express or implied. To the fullest extent permitted by law, the creator disclaims any and all warranties, express or implied, with respect to amazingFans and all of its services and features, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The creator does not guarantee or warrant the accuracy, precision, completeness or reliability of AmazingFans, or the results of your use of AmazingFans. The creator disclaims any liability arising out of any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Creator also does not guarantee or warrant that AmazingFans and all of its services and features will be available at any specific time or location; that incredibleFans and all of its services and resources are safe, uninterrupted and error-free; that any defects or errors will be corrected; or that amazingFans and all of its services and resources are free from viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to meet specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means outside the Site for any reconstruction of any lost data. To the fullest extent provided by law, the creator will not be liable for any loss or damage generated by a distributed denial of service attack, virus, or other technologically harmful material that may infect your computer equipment, computer programs, data or otherwise. proprietary material due to your use of the website or any services or items obtained through the website or the downloading of any material posted on it or any website linked to it. Use of incredibleFans and its services and features is at your own risk and expense. The foregoing does not exist any warranties which cannot be excluded or limited by applicable law; Use of incredibleFans and its services and features is at your own risk and expense. The foregoing does not exist any warranties which cannot be excluded or limited by applicable law; Use of incredibleFans and its services and features is at your own risk and expense.
2. The Creator does not guarantee or warrant that the use of the Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, and maintenance of the Website may be necessary from time to time. However, the creator will use all reasonable efforts to carry out any maintenance of the website during business hours and will endeavor to give you reasonable notice; however, this is not always possible;
3. The creator will seek to prevent the continuation of such distribution when reasonably able to do so
2. As some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages or total liability, the above limitation may not apply to you. In such event, our total and aggregate liability to you arising out of or relating to your use of (or your inability to use) amazingFans or any of its services or features will be limited to the maximum extent permitted by law or, if no amount is to specify.
13. User Indemnification
1. By using AmazingFans, you agree to indemnify and hold harmless the creator of and against all needs, demands, causes of action, actions, lawsuits, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorney's fees and legal fees) arising out of or relating to any of the following:
1. your use of amazingFans or any of its services or features;
2. any user content created, posted or otherwise made available on amazingFans by you;
3. any transaction or interaction between you and any other amazingFans user; and/or
4. your violation of the Terms or any applicable law.
2. The Creator is independent, responsible for the fulfillment of all its legal or statutory obligations. This extends to the payment of any taxes or other payments duly required by a regulatory authority. If a User fails to comply with these obligations, the User shall indemnify for any loss or expense, including management time which is consequently incurred by the Creator.
14. Governing Law and Dispute Resolution
1. Except as prohibited by applicable law, any claim or cause of action in relation to AmazingFans or arising out of or relating to these Terms must be filed within one year after such claim or cause of action arises. , or be barred forever.
15. Waiver and Independence
1 waiver of such right or disposition.
2. If any provision of these Terms is held by a court or other court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deleted or limited to the minimum extent so that like the remaining Terms will remain in full force and effect and It is made.
16. General
1. The Legal Terms the sole and complete agreement between you and the creator in relation to the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, in relation to the Site.
