Terms of Service User-Creator-Company
Terms of Service User-Creator-Company
Terms of Service User-Creator-Company
1. General Provisions
a. No Minors: MyFans Studio contains adult oriented content and is not
intended for minors. Only adults (1) who are at least eighteen (18) years
old and (2) who have reached the age of majority where they reside may
access MyFans Studio. If you do not meet these age requirements, you
must not access MyFans Studio and must leave now. The Company
forbids all persons who do not meet these age requirements from
accessing MyFans Studio.
b. Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are
notified that parental control protections (including computer hardware,
software, or filtering services) are commercially available that may help
in limiting access to material that is harmful to minors. You may find
information about providers of these protections on the Internet by
searching “parental control protection” or similar terms. If minors have
access to your computer, please restrain their access to sexually
explicit material by using any of the following products, which the
Company provides for informational purposes only and does not
endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
c. No Child Sexual Abuse Material: The Company prohibits pornographic
content involving minors known as child sexual abuse material (CSAM).
The Company only allows visual media of consenting adults for
consenting adults on MyFans Studio. If you see any visual media, real or
simulated, depicting minors engaged in sexual activity within MyFans
Studio, please promptly report this to the Company
at [email protected]. Please include with your report all
appropriate evidence, including the date and time of identification. The
Company will promptly investigate all reports and take appropriate
action. The Company fully cooperates with any law-enforcement agency
investigating CSAM.
d. No Prostitution or Sex Trafficking: The solicitation, promotion, and
facilitation of prostitution and sex trafficking are strictly prohibited. If
you engage in such activity, whether on MyFans Studio or by posting
links to external websites that promote or facilitate prostitution or sex
trafficking, we may delete your account without refunding and/or paying
out any funds in your account at the time of the offense or deletion.
e. User Content: We do not own the media uploaded by Users on MyFans
Studio (“User Content”) and the views expressed by Users on MyFans
Studio do not represent the views of MyFans Studio. All User Content
transactions and interactions on MyFans Studio are between Users and
at no point does MyFans Studio become a party to any transaction or
interaction between Users. User Content is provided to you AS IS. You
may access User Content for your information and personal use solely
as intended through the provided functionality of MyFans Studio and as
permitted under these Terms. You shall not copy, reproduce, distribute,
transmit, broadcast, display, sell, license, or otherwise exploit any User
Content for any other purposes without the prior written consent of the
Company or the respective licensors of the User Content.
f. Rights Reserved by the Company: We reserve the right at any time and
without notice to:
▪ modify, suspend, or terminate MyFans Studio or any portion
thereof;
▪ restrict, limit, suspend, or terminate your access to MyFans Studio
or any portion thereof;
▪ verify the information which you provide to us;
▪ verify compliance with these Terms and/or any applicable law;
▪ temporarily suspend or permanently terminate your account for
failure to comply with these Terms and/or any applicable law;
▪ delete any content you post on MyFans Studio if in our reasonable
opinion it does not comply with these Terms and/or applicable
law;
▪ monitor your use of MyFans Studio (including any content or
message you post or broadcast on MyFans Studio);
▪ investigate any suspected or alleged misuse or unlawful use of
MyFans Studio and cooperate with law enforcement in such
investigation;
▪ disclose information about your use of MyFans Studio in
connection with law enforcement investigation of any suspected
or alleged illegal activity, or in response to a lawful subpoena or
court order; and/or
▪ change the payment or payout processor that enables you to
make or receive payments as a User.
▪ License to Access and Use MyFans Studio: Subject to all of the
terms, conditions, limitations and restrictions contained in these
Terms, we grant to you a conditional, revocable, non-transferable,
non-sublicensable, non-exclusive and limited license to use our
Website for your own lawful and personal use only. You
acknowledge and agree that the foregoing license may be
revoked and terminated by us at any time and for any reason
(including, without limitation, if you violate these Terms or any
applicable law). Any use of MyFans Studio other than as
expressly permitted by these Terms is strictly prohibited. All
rights not expressly granted herein are reserved by us. We do not
warrant that MyFans Studio is compatible with all devices and
operating systems. It is your sole responsibility to determine
whether or not MyFans Studio is compatible with your device.
From time to time we may make updates to MyFans Studio and
will make such updates available through MyFans Studio.
2. Accounts
a. Fans: To register and create an account on MyFans Studio as a Fan, you
must provide a valid email address, a username, and a password, or
authenticate using a valid social media account. If you desire to
purchase content on MyFans Studio, you will need to add a valid
payment method. MyFans Studio does not store any payment
information.
b. Creators: To register and create an account on MyFans Studio as a
Creator, you must complete the Creator registration process and be
approved by the Company in our sole and absolute discretion. If you
desire to sell content on MyFans Studio, you will also need to add a
verified bank account (checking or savings) or other approved payment
method, and submit additional legal information, such as a W-9 if you
are a resident in the United States of America (the exact information
required will depend on your country). Your earnings will be paid into
your designated payment method via one of our payout processors or
via direct bank wire. With exception to those Creators seeking payment
via direct bank wire, which is stored by our third-party payout
processors, MyFans Studio does not store any bank account
information.
If you register as a Creator, you agree that we, or our contractors, are
authorized to collect, store, and/or maintain certain biometric
information including a retina or iris scan, fingerprint, voiceprint, or scan
of your hand or face geometry from any Content or verification
documents you provide to us.
c. User Certifications: By registering on MyFans Studio, you represent and
warrant that:
▪ all account registration, profile information and content you
provide is your own information and the content is complete,
truthful, and accurate;
▪ you are fully responsible for any and all activities that occur on
your account, and that you will log out of your account at the end
of each session;
▪ you will use particular caution when accessing your account from
a public or shared computer so that others are not able to
access, view, or record your password or other personal
information;
▪ you are responsible for keeping your login details confidential and
secure, and you will immediately notify us
at [email protected] if you believe someone has used
or is using your account without your permission or if your
account has been subject to any other breach of security;
▪ if you previously had an account with MyFans Studio, your
previous account was not suspended or terminated by MyFans
Studio for violation of these Terms;
▪ you will not use any unauthorized third-party payment processors
to accept payments for subscriptions, or any other service, via
MyFans Studio;
▪ you register on MyFans Studio for your own personal use and you
will not sell, rent, or transfer your account to any third party; and
▪ if you are using MyFans Studio on behalf of a business or other
entity, you warrant that you are authorized to grant all the
licenses stipulated in these Terms and that you are authorized to
bind the business or other entity to these Terms.
d. Your Content: We may permit you to submit materials for publication on
MyFans Studio. You represent and warrant that you own, have a valid
license to, or otherwise control all rights in your User Content. You retain
all ownership rights in your User Content. However, you grant us a
worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and
transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform your User Content for the Company’s
business (and the business of our successors), for the purpose of
operating MyFans Studio and fulfilling the intent of these Terms. You
hereby consent to (i) being depicted in any User Content you post on
MyFans Studio, and (ii) allowing the Company to publicly distribute any
User Content you post on MyFans Studio. You also grant each of our
Users a worldwide, nonexclusive, royalty-free license to access such
content with the facilitation of MyFans Studio, subject to any limitations
related to any purchases of or subscriptions to such content, and to use,
reproduce, display, and perform your content but only to the extent
necessary to comply with these Terms. We agree not to reproduce any
of your content that is behind a paywall. Except for personally
identifiable information covered under our Privacy Policy, User Content
is not considered confidential, and may be displayed on MyFans Studio
in accordance with these Terms. We have no obligation regarding your
User Content. However, we agree that any use or publication of your
content will be consistent with these Terms. You warrant that you
maintain written releases from any person depicted in your User
Content confirming that such person consented to the recording and
publication of such content on MyFans Studio, and that your User
Content does not violate any rights of any third parties. You will provide
copies of any necessary releases, licenses, or ownership documents to
us at our request. You are solely responsible for your User Content and
the consequences of posting your User Content to MyFans Studio.
e. Co-Authored Content: If you are a Creator, you understand and agree that
you may share content that depicts other third parties (“Co-Authored
Content”), provided:
▪ you tag each depicted Creator in the Content or otherwise identify
the third party and provide MyFans Studio with requested
documentation confirming age, identity, and consent to
publication of the User Content on MyFans Studio;
▪ you have obtained and will maintain government-issued
identification documentation confirming that each Creator
depicted in your content is at least eighteen (18) years of age;
▪ you have obtained and will maintain written documentation
confirming that each Creator depicted in your User Content has
consented to (i) being depicted in such content, and (ii) the
content being publicly distributed on MyFans Studio.
▪ you will provide this written documentation of consent to us
promptly upon request by us for such documentation;
▪ you will not use, attempt to access, or ask for the information or
login credentials for any other User’s account; and
▪ you are principally responsible for your account and agree to
safeguard your login credentials from any unauthorized use. You
agree that we are not responsible for any misuse of your account
if you share your credentials with a third party such as a manager
or agency, and you release MyFans Studio from any liability
arising from such third party access. You understand and agree
that if you provide your account credentials to a third party, that
you will remain solely responsible to MyFans Studio for any
activity that occurs by or through your account.
You further understand and agree that we may refrain from publicly
distributing any Co-Authored Content until all depicted Creators or third
parties have confirmed their identity and consent to being depicted and
distributed.
You are solely responsible for segregating, dividing, and distributing any
revenue generated from any Co-Authored Content. Any such revenue
sharing arrangement shall be governed solely by an independent, private
agreement between you and other third parties. We are not responsible
for enforcing any such agreements. You agree to release us, and hold
us harmless, from any and all claims arising from Co-Authored Content.
You further agree that any claim arising from Co-Authored Content shall
be asserted only against the parties participating or appearing therein,
and not against us.
f. Deactivation: If you wish to deactivate your MyFans Studio account, you
may select this option in your account settings.
4. Acceptable Use
a. Prohibited Uses: You agree that you will only use MyFans Studio for
purposes expressly permitted and contemplated by these Terms. You
may not use MyFans Studio for any other purposes without our express
prior written consent. Without our express prior written authorization,
you will not:
▪ use MyFans Studio in any way that is violative of any applicable
law, regulation, or treaty of any applicable governmental body,
including but not limited to: (a) laws prohibiting sex trafficking
and promotion or facilitation of prostitution; (b) intellectual
property right laws protecting patents, copyrights, trademarks,
trade secrets, and any other intellectual property right, including
making, obtaining, distributing, or otherwise accessing illegal
copies of copyrighted, trademarked, or patented content, deleting
intellectual property right indications and notices, or otherwise
manipulating identifiers in order to disguise the origin of content
you post, share, or upload; (c) laws against obscene, lewd,
defamatory, or libelous speech; and (d) laws protecting
confidentiality, privacy rights, publicity rights, or data protection.
▪ download any content unless a “download” or similar button is
displayed in relation to that content.
▪ use an ad blocking software while using MyFans Studio.
▪ fail to comply with orders, judgments, or mandates from courts of
competent jurisdiction.
▪ access MyFans Studio if you are, or are required to be, a registered
sex offender in any jurisdiction.
▪ post, upload, or share content that is harmful, inaccurate,
threatening, abusive, vulgar, violent, indecent, harassing,
menacing, scandalous, inflammatory, blasphemous, racially or
ethnically offensive, likely to cause annoyance, intimidation,
alarm, embarrassment, distress, discomfort, or inconvenience,
otherwise objectionable, or any content that, in the Company’s
sole discretion, is otherwise inappropriate.
▪ post, upload, or share content that is considered harmful,
threatening, abusive or offensive by the reasonable man/person
to an objective standard. “Reasonable” in this context and “man”
as a legal term considers the views and morality as set by the
majority of Creators or users of all genders within the community
and not the reasonable bystander in the street. Usual use may
incorporate items and content of which some users may find
offensive or objectionable, but that is not illegal in the jurisdiction
of the Creator. Harmful content would be considered items that
do not comply with residing law enforcement, cause undue
distress to persons represented in the content or shared without
their consent.
▪ post, upload, or share any content containing hate speech,
including (1) any content (including stereotypes and symbols)
posted to MyFans Studio with the intent to vilify, humiliate,
dehumanize, or incite hatred or fear against a group or individual
based upon race, ethnicity, national origin, immigration status,
caste, religion, sex, gender identity and expression, sexual
orientation, age, disability, serious disease, or veteran status
(“Protected Class(es)”), (2) statements of inferiority or calls for
exclusion or segregation based on Protected Class, and (3) any
deliberately false material that causes harm to a Protected Class;
but excluding self-referential or empowering uses with no intent
to vilify, humiliate, or incite hatred or fear against a group or
individual based on these categories.
▪ post, upload, or share content that depicts, advertises, promotes,
encourages, facilitates, or solicits (real, simulated, or implied) (i)
sexual activity involving minors; (ii) incest; (iii) bestiality; (iv)
violence, kidnapping, rape, lack of consent, hypnosis, intoxication,
sexual assault, torture, sadomasochistic abuse or hardcore
bondage, weapons (unless obviously fake), asphyxiation, extreme
fisting, or genital mutilation; (v) necrophilia; (vi) Consumption of
urine; (vii) blood, scatological, vomit, or excrement-related
content; (viii) age-play or suggestion of underage participants,
(ix) illegal prostitution or human trafficking, whether explicitly or
by use of any slang, acronyms, or abbreviations; (x) “revenge
porn” defined as any content containing any individual who has
not consented to that content (a) being taken, captured, or
otherwise memorialized, or (b) being posted, uploaded, or shared
on MyFans Studio; (xi) illegal or illicit drugs; (xii) suicide or self-
harm; (xiii) any other illegal behavior or behavior that may be
considered obscene under applicable law.
▪ post, upload, or share content that advertises or solicits the sale or
purchase of used articles of clothing.
▪ post, upload, or share content depicting any person under
eighteen (18) years old.
▪ post, upload, or share content depicting any person without
inspecting and maintaining written documentation sufficient to
confirm that all subjects of your submissions are in fact eighteen
(18) years of age or older, including a written consent or release
of each identifiable person in the submission to use their name
or likeness and to enable inclusion and use of the submission in
the manner contemplated by the Company.
▪ post, upload, or share content with the intent to extort money or
other benefit from a third party in exchange for removal of the
content.
▪ post, upload, or share any content that utilizes or promotes a
sweepstake, lottery, or other regulated gaming or sales
promotion tactic;
▪ post, upload, or share any employment ads or content which
violates anti-discrimination laws.
▪ sell or purchase used or soiled clothing items.
▪ post, upload, share, or collect the telephone numbers, street
addresses, last names, email addresses, URLs, geographic
location, or any other personal information about users or third
parties without their consent, or, except as expressly authorized
in these Terms, use the materials on MyFans Studio for any
commercial use.
▪ impersonate another individual or entity, whether actual or
fictitious, without consent, falsely claim an affiliation with any
individual or entity; access or attempt to access the accounts of
others without permission; misrepresent the source, identity, or
content of information transmitted on or through MyFans Studio;
or perform any other similar fraudulent activity.
▪ send unsolicited sexual content to another User or otherwise
engage in nonconsensual sexual objectification of another User.
▪ use emojis, GIFs, or other media to communicate any activity that
violates these Terms.
▪ engage in antisocial, disruptive, or destructive behavior, including
“bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and
“griefing” as those terms are commonly understood and used on
the Internet, or engage in any other behavior that serves no
purpose other than to harass, annoy, or offend Users.
▪ engage in platform manipulation, including utilizing bots or other
fraudulent means to artificially drive traffic to or inauthentically
generate engagements with your account, or your content.
▪ circumvent, disable, damage, intentionally misuse, or otherwise
interfere with the operations of the Company, any User’s
enjoyment of MyFans Studio, or any security-related features that
prevents, limits, or restricts the use or copying of any materials or
that enforces limitations on the use of MyFans Studio, by any
means, including posting, linking to, uploading, or otherwise
disseminating viruses, adware, spyware, malware, logic bombs,
Trojan horses, worms, harmful components, corrupted data, or
other malicious codes, files, or programs designed to interrupt,
destroy, limit, or monitor the functionality of any computer
software or hardware or any telecommunications equipment.
▪ reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code, except and only if that activity is
expressly permitted by applicable law despite this limitation.
▪ access or use any automated process (such as a robot, spider,
scraper, or similar) to access MyFans Studio in violation of our
robot exclusion headers or to scrap all or a substantial part of
MyFans Studio (other than in connection with bona fide search
engine indexing or as the Company may otherwise expressly
permit).
▪ modify, adapt, translate, or create derivative works based on
MyFans Studio or any part thereof, except and only if applicable
law expressly permits that activity despite this limitation.
▪ commercially exploit or make available MyFans Studio to third
parties including any action or attempt to “frame” or “mirror”
MyFans Studio.
▪ take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load on
our technology infrastructure or otherwise make excessive
demands on it.
▪ attempt to do any of the acts described in this section or assist or
permit any person in engaging in any of the acts described in this
section.
b. Violations of Prohibited Uses
Engaging in any Prohibited Use will be considered a breach of these
Terms and may result in immediate suspension or termination of your
account without notice, in our sole discretion. We reserve the right, but
do not undertake the obligation, to forfeit payment of any revenue
earned in by Users that violate these Terms, and to refund some or all
such revenue to other Users who are affected by such violation. We may
pursue any legal remedies or other appropriate actions against you if
you engage in any of the above Prohibited Uses or any unauthorized use
of MyFans Studio, including civil, criminal, or injunctive relief, and
cancellation of your account. Any unauthorized use of MyFans Studio or
our computer systems violates these Terms and certain international,
foreign, and domestic laws.
c. Additional Prohibited Uses for Creators
Creators must act in the best interests of the Company at all times,
whether on MyFans Studio, on third-party websites, or offline. If you are
a Creator and violate these additional Prohibited Uses for Creators or
any other provision of these Terms, we may delete your account without
payment and/or permanently ban you from MyFans Studio. If you are a
Creator, you will not, without our express prior written authorization:
▪ deceive users regarding the nature of any paid content;
▪ attempt to defraud the Company or our Users (e.g., working
together with a member or “hacker” to accept payment with
stolen credit cards).
▪ attempt to fraudulently pass off recorded content as a live
stream.
▪ fail to honor any lawful representation made to Fans in
furtherance of selling your content.
▪ record or broadcast nudity or sexual activity from any public place
where members of the public are reasonably likely to see your
content.
▪ release the personal information of any other User of MyFans
Studio or third party without that person’s consent.
▪ solicit or accept payments for travel or in-person meetings for the
purpose of engaging in sexual activity.
▪ harass, disparage, defame, or otherwise interfere with the
Company or our users, nor misrepresent or make any false or
misleading statements about the Company.
d. Reporting Violative Content and Activities
If you are aware of any content on MyFans Studio or any User engaging
in activities that violate these Terms, please email us
at [email protected] with as much detail as possible,
including a link or the location where we may find them, the username
of the individual engaging in suspicious activities, the date and time of
identification, the reason we should remove the objectionable content
or investigate the activities, and a statement certifying the accuracy of
the information you provided to us. If you are a Creator, you must report
all violative content and suspicious activity to us. We may consider you
complicit in any violative activity to which you were knowledgeable of
suspicious activity but failed to report it.
e. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from
courts of competent jurisdiction, requesting or directing us to disclose
the identity or location of any User in breach of these Terms, in
accordance with our privacy policies, subpoena compliance policies,
and applicable law or regulation. If your activity results in the Company
receiving a subpoena, discovery request, production order, or court
order that causes the Company to incur expenses, court costs, or legal
fees for compliance, you agree to reimburse us for any such expenses,
costs or legal fees upon our request.
7. Disclaimer of Warranties
By using MyFans Studio, you acknowledge and agree as follows:
. MyFans Studio and all of the Company’s services and features are
provided without warranties of any kind, express or implied. To the
fullest extent permitted by law, we disclaim any and all warranties,
express or implied, with respect to MyFans Studio and all of the
Company’s services and features, including, and without limitation,
implied warranties of merchantability and fitness for a particular
purpose.
a. We do not warrant or guarantee the accuracy, usefulness, completeness,
or reliability of MyFans Studio, or the results of your use of MyFans
Studio. We disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to MyFans
Studio, or by anyone who may be informed of any of its contents.
b. Your use of MyFans Studio and the Company’s services and features will
be solely and entirely at your own risk. We do not warrant or guarantee
that MyFans Studio and/or all of the Company’s services and features
will be available at any particular time or location, nor secure,
uninterrupted, or free of errors, viruses, and other harmful components.
We do not warrant or guarantee that defects or errors will be corrected.
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 site for any reconstruction of any lost data. 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 MyFans Studio or any services or items obtained from the
Company. The foregoing does not affect any warranties that cannot be
excluded or limited under applicable law.
8. Limitation of Liabilities
The Company, its subsidiaries, affiliates, licensors, service providers, content
providers, employees, agents, officers, and directors will not be liable to you for
any of the following:
. Errors, mistakes, or inaccuracies of content.
a. Personal injury or property damage resulting from your access to and
use of MyFans Studio.
b. User Content or any conduct by Users that violates these Terms.
c. Products sold by other users, whether or not such sales are expressly
prohibited by these Terms.
d. Unauthorized access to or use of the Company’s servers and any
personal or financial information stored in them, including unauthorized
access to or changes to your account, submissions, transmissions, or
data.
e. Interruption or cessation of transmission to or from MyFans Studio.
f. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling
code that may be transmitted to or through MyFans Studio by any
person or that might infect your computer or affect your access to or
use of MyFans Studio or your hardware or software.
g. Incompatibility between MyFans Studio and your other services,
hardware, or software.
h. Delays or failures you might experience in starting, conducting, or
completing any transmissions to or transactions with MyFans Studio.
i. Loss or damage incurred because of the use of any content posted,
emailed, sent, or otherwise made available through MyFans Studio.
9. Releases
You hereby release the Company, its subsidiaries, affiliates, licensors, service
providers, content providers, employees, agents, officers, and directors from all
liability arising out of User submissions or the conduct of other Users or third
parties, including disputes between you and one or more other Users or third
parties.
11. Complaints
MyFans Studio is committed to promptly resolving, in good faith, all
complaints and appeals.
. All media can be reported by any user directly on the site. You may also
send an email to [email protected] containing your name,
email address or username, applicable URLs (if any), a description of
the issue (e.g., underage material, non-consensual content, personal
information, impersonation, trademark infringement, spam, prostitution
or trafficking, weapons, drugs, etc.), and any additional details (including
whether you are depicted in the content, whether you agreed to the
recording of the content, and whether you agreed to the publication of
the content on MyFans Studio.)
a. We intend to operate this system as efficiently and quickly as possible in
a fair and reasonable manner. We strive to resolve all reports within
seven (7) business days and provide clear guidelines to prevent issues
from recurring. If a violation has occurred, we will determine the
appropriate remedy and take the necessary action. Any content deemed
to be illegal is removed immediately. We will not take action against
other users for activity that happens on another platform or offline. We
may suggest that you block the other user to prevent further
interactions between you and the reported user.
b. Appeals from abuse takedowns can be sent
to [email protected] with a written description of the
basis for the appeal. In instances where disputes over consent cannot
be resolved internally, such disputes are submitted to a neutral
arbitration association at our expense. Once an action is taken or if
more information is needed from you, we will contact you by email or
other electronic message.
c. We reserve the right to take advanced actions against those users that
(1) repeatedly violate our rules, or (2) engage in a single egregious
violation of our rules. These advanced actions may include but are not
limited to deleting the offending user’s account and permanently
banning the user from using MyFans Studio in the future.
d. Copyright infringement disputes are addressed by sending DMCA notices
to our Designated DMCA Agent in accordance with our DMCA Policy.
Our response to DMCA notices or counternotifications are governed by
the Digital Millennium Copyright Act and our DMCA Policy.
13. Indemnification
. Indemnification Provision: You will pay the Company, its subsidiaries,
affiliates, licensors, service providers, content providers, employees,
agents, officers, directors, and contractors (the “Indemnified Parties”)
for any loss of the Indemnified Parties’ that is caused by any of the
following: your access of MyFans Studio; your conduct on MyFans
Studio, including any content you submit to MyFans Studio; your breach
of these Terms; your actual or alleged violation of rights of any person,
including intellectual property and privacy rights; your actual or alleged
violation of any law; your actual or alleged negligent, fraudulent, or
intentional conduct; or your actual or alleged criminal conduct. But you
are not required to pay if the loss was caused by the Indemnified
Parties’ intentional misconduct.
a. Definitions Related to Indemnification: “Loss” means an amount that the
Indemnified Parties are legally responsible for or pay in any form.
Amounts include, for example, a judgment, a settlement, a fine,
damages, injunctive relief, staff compensation, a decrease in property
value, and expenses for defending against a claim for a loss (including
fees for legal counsel, expert witnesses, and other advisers). A loss can
be tangible or intangible; can arise from bodily injury, property damage,
or other causes; can be based on tort, breach of contract, or any other
theory of recovery; and includes incidental, direct, and consequential
damages. A loss is “caused by” an event if the loss would not have
happened without the event, even if the event is not a proximate cause
of the loss.
b. Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your
contact information, the Indemnified Party will notify you before the
30th day after the Indemnified Party knows or should reasonably have
known of a claim for a loss that you might be compelled to pay. But the
Indemnified Party’s failure to give you timely notice does not end your
obligation, except if that failure prejudices your ability to defend or
mitigate losses.
c. Legal Defense of a Claim: The Indemnified Party has control over
defending a claim for a loss (including settling it), unless the
Indemnified Party directs you to control the defense. If the Indemnified
Party directs you to control the defense, you will not settle any litigation
without the Indemnified Party’s written consent if the settlement (1)
imposes a penalty or limitation on the Indemnified Party, (2) admits the
Indemnified Party’s fault, or (3) does not fully release the Indemnified
Party from liability. You and the Indemnified Party will cooperate with
each other in good faith on a claim.
d. No Exclusivity: The Indemnified Parties’ rights herein do not affect other
rights they might have.
14. Disputes
. Governing Law: The laws of the state of Nevada—without giving effect to
any conflicts of law principles—govern all matters arising out of your
use of MyFans Studio or relating in any way to these Terms. The
predominant purpose of these Terms is providing services and licensing
access to intellectual property and is not a “sale of goods.” These
Terms will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
expressly excluded. Except for disputes subject to arbitration, all
disputes arising out of or relating to MyFans Studio or these Terms will
be subject to the exclusive jurisdiction and venue of the state or federal
courts located in Las Vegas, Nevada. Each party hereby submits to the
personal jurisdiction of the Nevada courts located in Las Vegas, Nevada
to resolve all disputes not subject to arbitration. Each party hereby
waives any right to seek another forum or venue because of improper or
inconvenient forum. For purposes of this section, MyFans Studio will be
deemed solely based in the state of Nevada and will be deemed a
passive website that does not give rise to personal jurisdiction over the
Company, either specific or general, in any other jurisdiction.
a. Dispute Resolution: Each party will allow the other a reasonable
opportunity to comply before it claims that the other has not met the
duties under these Terms. The parties will first meet and negotiate with
each other in good faith to try to resolve all disputes between the
parties arising out of or relating to MyFans Studio or these Terms.
b. Litigation Election: Either party may elect to litigate the following type of
case or controversy: (a) an action seeking injunctive relief, or (b) a suit
to compel compliance with this dispute resolution process.
c. Mediation: If the parties cannot settle a dispute arising out of or relating
to MyFans Studio or these Terms through negotiation after thirty (30)
days, either party may, by notice to the other party demand that the
dispute be mediated by a certified mediator in the state of Nevada. If
the parties cannot agree upon a mediator within thirty (30) days, the
parties may submit the dispute to arbitration or litigation as otherwise
provided in these Terms. Mediation will take place in Clark County,
Nevada, or in such other location as the parties mutually agree. The
language of the mediation will be English. Each party will bear its own
costs in mediation, and the parties will share equally between them all
third-party mediation costs unless the parties agree differently in
writing. Each party will participate actively and constructively in
mediation proceedings once started and will attend at least one joint
meeting between the mediator and the parties. Any party may terminate
mediation at any time after an initial meeting between the mediator and
the parties.
d. Arbitration: If the parties cannot settle a dispute through mediation, the
parties will settle any unresolved dispute arising out of or relating to
MyFans Studio or these Terms by arbitration administered by American
Arbitration Association in accordance with its Commercial Arbitration
Rules. A single arbitrator will preside over the arbitration. The arbitrator,
and not any federal, state, or local court or agency, will have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, enforceability, or formation of these Terms, including any
claim that all or any part of these Terms is void or voidable. Unless the
parties agree otherwise, the arbitration will take place in Clark County,
Nevada. Each party will be responsible for paying any filing,
administrative, and arbitrator fees associated with the arbitration. The
arbitrator may grant whatever relief that would be available in a court at
law or in equity, except that the arbitrator must not award punitive or
exemplary damages, or damages otherwise limited or excluded in these
Terms. The arbitrator’s award will include costs of arbitration,
reasonable legal fees, and reasonable costs for expert and other
witnesses. The arbitrator’s award will be binding on the parties and may
be entered as a judgment in any court of competent jurisdiction. Unless
required by law, neither a party nor an arbitrator will disclose the
existence, content, or results of any arbitration under these Terms
without the advance written consent of both parties.
e. Right to Injunctive Relief: Nothing in this section will prevent either party
from seeking injunctive or other equitable relief from the courts for
matters related to data security, intellectual property, or unauthorized
access to MyFans Studio.
f. Recovery of Expenses: In any proceedings between the parties arising
out of these Terms or relating to the subject matter of these Terms, the
prevailing party will be entitled to recover from the other party, besides
any other relief awarded, all expenses that the prevailing party incurs in
those proceedings, including legal fees and expenses. “Prevailing party”
means, for any proceeding, the party in whose favor an award is
rendered, except that if in those proceedings the award finds in favor of
one party on one or more claims or counterclaims and in favor of the
other party on one or more other claims or counterclaims, neither party
will be the prevailing party. If any proceedings are voluntarily dismissed
or are dismissed as part of settlement of that dispute, neither party will
be the prevailing party in those proceedings.
g. Jury Trial Waiver: Both parties hereby waive the right to a trial by jury for
any dispute arising out of or relating to MyFans Studio or these Terms.
Either party may enforce this waiver up to and including the first day of
trial.
h. Class Action Waiver: All claims must be brought in the parties’ individual
capacity, and not as a plaintiff or class member in any purported class
or representative proceeding, and, unless the Company agrees
otherwise, the arbitrator will not consolidate more than one person’s
claims. Both parties acknowledge that each party is waiving the right to
participate in a class action.
i. Limitation on Time to Bring Claims: A party will not file a claim arising out
of or relating to MyFans Studio or these Terms more than one year after
the cause of action arose. Any claim brought after one year is barred.
15. Miscellaneous
. Entire Agreement: These Terms constitute the entire agreement between
you and the Company about your access to MyFans Studio. It
supersedes all earlier or contemporaneous agreements between you
and the Company about access to MyFans Studio. A printed version of
this agreement will be admissible in any proceedings arising out of (or
relating to) these Terms to the same extent and subject to the same
conditions as other business documents and records originally
generated and kept in printed form. Any additional terms on MyFans
Studio will govern the items to which they pertain.
a. Assignment and Delegation: The Company may assign its rights or
delegate any performance under these Terms without your consent.
You will not assign your rights or delegate your performance under this
agreement without the Company’s advanced written consent. Any
attempted assignment of rights or delegation of performance in breach
of this section is void.
b. No Waivers: The parties may waive any provision in these Terms only by
a writing signed by the party or parties against whom the waiver is
sought to be enforced. No failure or delay in exercising any right or
remedy, or in requiring the satisfaction of any condition, under these
Terms, and no act, omission, or course of dealing between the parties,
operates as a waiver or estoppel of any right, remedy, or condition. A
waiver made in writing on one occasion is effective only in that instance
and only for the purpose stated. A waiver once given is not to be
construed as a waiver on any future occasion or against any other
person.
c. Severability: The parties intend as follows:
▪ that if any provision of these Terms is held to be unenforceable,
then that provision will be modified to the minimum extent
necessary to make it enforceable, unless that modification is not
permitted by law, in which case that provision will be
disregarded;
▪ that if modifying or disregarding the unenforceable provision
would result in failure of an essential purpose of this agreement,
these Terms will be held unenforceable;
▪ that if an unenforceable provision is modified or disregarded in
accordance with this section, then the rest of these Terms will
remain in effect as written; and
▪ that any unenforceable provision will remain as written in any
circumstances other than those in which the provision is held to
be unenforceable.
d. Notice to the Company: You may send notice to the Company by email
at [email protected] unless a specific email address is set
out for giving notice. The Company will consider an email notice
received by the Company only when its server sends a return message
to you acknowledging receipt. The Company may change its contact
information on one or more occasions by posting the change on
MyFans Studio. Please check MyFans Studio for the most current
information for sending notice to the Company.
e. Notice to You: You consent to receiving any notice from the Company in
electronic form either (1) by email to the last known email address the
Company has for you, (2) a notification on your account, or (3) by
posting the notice on a place on MyFans Studio chosen for this
purpose. The Company will consider notices sent to you by email
received when its email service shows transmission to your email
address. You state that any email address you gave the Company for
contacting you is a current and valid email address for receiving notice,
and that your computer has hardware and software configured to send
and receive email through the Internet and to print any email you
receive.
f. Force Majeure: The Company is not responsible for any failure to perform
if unforeseen circumstances or causes beyond its reasonable control
delays or continues to delay its performance, including: Acts of God,
including fire, flood, earthquakes, hurricanes, tropical storms, epidemics,
pandemics, or other natural disasters; war, riot, arson, embargoes, acts
of civil or military authority, or terrorism; fiber cuts; strikes, or shortages
in transportation, facilities, fuel, energy, labor, or materials; failure of the
telecommunications or information services infrastructure; and hacking,
spam, or any failure of a computer, server, network, or software.
g. No Third-Party Beneficiaries: These Terms do not, and the parties do not
intend it to, confer any rights or remedies on any person other than the
parties to this agreement.
h. Relationship of the Parties: These Terms do not, and the parties do not
intend it to, create a partnership, joint venture, agency, franchise, or
employment relationship between the parties and the parties expressly
disclaim the existence of any of these relationships between them.
Neither of the parties is the agent for the other, and neither party has the
right to bind the other on any agreement with a third party.
i. Successors and Assigns: These Terms inure to the benefit of, and are
binding on, the parties and their respective successors and assigns.
j. Communication Preferences: By registering for an account, you consent
to receiving electronic communications from the Company relating to
your account. These communications may involve sending emails to
your email address provided during registration or posting
communications on MyFans Studio and will include notices about your
account (e.g., payment authorizations, change in password or payment
method, confirmation emails, and other transactional information) and
are part of your relationship with the Company. You acknowledge that
any notices, agreements, disclosures, or other communications that the
Company sends to you electronically will satisfy any legal
communication requirements, including that these communications be
in writing. The Company recommends that you keep copies of
electronic communications by printing a paper copy or saving an
electronic copy. You also consent to receiving certain other
communications from the Company, including newsletters about new
features and content, special offers, promotional announcements, and
customer surveys via email or other methods. You acknowledge that
communications you receive from the Company may contain sexually
explicit material unsuitable for minors. If you no longer want to receive
certain non-transaction communications, please review the Privacy
Policy regarding opting out of marketing communications.
k. Electronic Communications Not Private: The Company does not provide
facilities for sending or receiving confidential electronic
communications. You should consider all messages sent to the
Company or from the Company as open communications readily
accessible to the public. You should not use MyFans Studio to send or
receive messages you only intend the sender and named recipients to
read.
l. Electronic Signatures: Any affirmation, assent, or agreement you send
through MyFans Studio will bind you. You acknowledge that when you
click on an “I agree,” “I consent,” or other similarly worded “button” or
entry field with your finger, mouse, keystroke, or other device, your
agreement or consent will be legally binding and enforceable and the
legal equivalent of your handwritten signature.
m. California Consumer Rights Information: If you are a California resident,
you may contact MyFans Studio LLC at ______________________, Las
Vegas, NV _____ or by email at [email protected] to resolve
any disputes or to receive further information about MyFans Studio.
Users who want to gain access to the password-restricted area of
MyFans Studio must register. The Company does not charge
consumers for registering, but the Company does charge for purchasing
content or subscriptions.
n. English Language: The Company drafted these Terms in the English
language. No translation into any other language will be used to
interpret or construe this agreement. All services, support, notices,
designations, specifications, and communications will be provided in
English.
o. Contact: You should direct all feedback, comments, requests for
technical support, and other communications relating to MyFans Studio
to support@MyFans Studio.com or call +1-866-MyFans1.