Terms Of Services
English Version
Version française sur : conditions générales en Français
GAYFANS
General Terms and Conditions (V1 September 2023)
Gayfans:Identification BE 0870603209 is located in Belgium.
Summary:
Part
1 subscribers
Part 2 Content creators
Part 1 Subscribers
Before the subscriber's transaction can take place, the subscriber must read and accept these terms and conditions. By requesting access and/or services from this website, the subscriber accepts these terms and
conditions and agrees to be legally bound by them. This agreement is subject to change at any time. Modifications come into effect as soon as they are published on this site, without prior notice to each subscriber.
0. Preamble
Subscriber data is for internal use only and will be treated as confidential.
All transactions are encrypted using SSL protocol.
The subscriber's credit (or debit) card will be charged immediately after purchase.
After purchase, the subscriber will receive an e-mail notification with all payment details. The contract between the customer and the website is concluded as soon as the order is submitted.
All orders will be processed immediately.
All queries will be answered within three working days (i.e. Monday to Friday except Belgian public holidays).
We recommend that you print out the transaction data and general terms and conditions and keep them in an easily accessible place.
This website is forbidden to persons under the legal age in their respective countries. And at least 18 years old.
1. Definitions
"Member" or "Membership":
the subscriber or user of a username and password valid for the site for the duration of the membership period.
"Gayfans Billing"
Means any Subscriber billing company, including any additional billing company used by Gayfans or any change thereto.
"Site" means the website for which Subscriber purchases a username and password in order to access the Site and its materials and obtain the benefits of membership.
"Subscriber"
means the user of the Site's services and the holder of a valid username and password for the Site.
"Access"
the combination of a unique username and password used to access a site. An access right is a license to use a site for a specified period of time.
Bookmarking" refers to a URL placed in a temporary file on the subscriber's browser so that the subscriber can return to this page at a later date without having to enter his or her username and password.
2. Description of services
Membership billing will provide a one-time right of access to the site and its materials for which the subscriber purchases a membership.
The customer will also be able to purchase specific digital products.
3. Billing
CCBILL, or others (depending on the subscriber's geographical location) may appear on the subscriber's credit card, bank statement or phone bill. telephone bill for all applicable charges.
If multiple sites are combined using one payment method, the subscriber's statement will list each individual purchase comprising the transaction. Subscriber billing may include other information on
the subscriber statement based on credit card association, telephone regulation, NACHA and any other mandatory rules and regulations. If the subscriber chooses to use a checking account to purchase
a subscription to this site, a debit will be made to the subscriber's checking account.
4. Payment / Fees
Sites may have periodic subscription fees at the time of initial subscription registration. The member is responsible for these fees according to the terms and conditions of this site.
5. Automatic recurring
billing (if selected by the subscriber on the registration page) In accordance with the site's terms and conditions, subscription fees may be automatically renewed at or after the end of the initial term
selected, for a similar period of time and for a similar or lesser amount, unless notice of termination is received from the subscriber.
Unless and until this Agreement is cancelled in accordance with the terms and conditions terms hereof, Subscriber hereby authorizes Gayfans to charge the method of payment selected by Subscriber to pay the ongoing cost of membership. The subscriber also authorizes Gayfans to charge the payment method chosen by the subscriber for any additional purchases of materials provided on the site. If a recurring payment an administration fee of up to €3.00 may be applied to keep a subscription temporarily active until the full subscription fee can be successfully processed.
5B. Concerning recurring membership
you can cancel your subscription at any time. via your CCBILL account (or other depending on your initial payment). You can also request cancellation by sending an email to admin@gayfans.eu, taking care care to the e-mail address with which you registered.
You can also contact the service htpp://support.ccbill.com (if your purchase has been was made with CCBILL) Your subscription will end and you will no longer be debited.
6. Agreed Method of Communication
Member Billing and the subscriber agree that a transaction receipt will be provided via email to the subscriber's address provided upon initial registration.
Subsequent transactional updates may be communicated to the subscriber through the site's member area upon login to ensure receipt in the event the subscriber has unsubscribed from email communications.
7.Electronicreception
Subscribers will receive an acknowledgement of receipt of their e-mail provided at the time of initial registration. Subscribers may request a copy of their site membership fee account, but Gayfans does not guarantee the availability of these records more than 365 days after the subscription date. Requests should be made directly to Gayfans. To contact Gayfans, please refer to the customer support links on the site.
8 - Cancellation:
Gayfans reserves the right to grant a refund or credit applicable to purchases made on the site, at its discretion. The decision to refund a charge does not imply any obligation to issue additional
refunds in the future. If a refund is issued by Gayfans for any reason, it will be credited only to the payment method used in the original transaction. Gayfans will not issue refunds by cash, check or any other payment mechanism. Once an order has been shipped, it cannot be cancelled. For all requests use the contact link and specify your request.
Delivery times:
For digital products, the delivery time is very short, usually within 3 minutes, with a maximum of 24 hours. Beyond this time, please contact us.
10.Cardholder
disputes/retrocessions All chargebacks are thoroughly investigated and may prevent future purchases with Gayfans billing, depending on the circumstances. Claims of fraud may cause Gayfans to contact the subscriber's issuer in order to protect the subscriber and prevent future fraudulent charges to the subscriber's card.
11. Authorization for use
Subscribers to the site are hereby granted a one-time access right to access the service or materials on this site. Such access rights are granted for a single use to a single Subscriber. All subscriptions are
provided for personal use only and may not be used for commercial purposes or by other third parties. Commercial use of the site or any material on it is strictly prohibited, unless authorized by the website. No part of
the site may be transferred to any other person or entity, whether for commercial or non-commercial purposes. No part of the site may be distributed via peer-to-peer networks or any other file-sharing platform. Furthermore, documents may not be modified or altered. Material may not be publicly displayed, nor used for rental, sale or display purposes. The right shall extend to copyrights, trademarks or other proprietary
notices of Gayfans and the site reserves the right to terminate these access rights at any time if the terms of this agreement are violated. if the terms of this agreement are violated. In the event of a breach of
the terms, the subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
12.Transferof access rights
Access to the site to the site is by a combination of user name and password. Subscribers may under no circumstances transfer their access rights to another person, and are required to keep their access rights strictly
confidential. Gayfans will not transfer passwords, for any reason whatsoever, to any person other than the subscriber, unless expressly required to do so by law or court order.
Unauthorized access to the site constitutes a breach of this agreement. Subscribers acknowledge that the site owner may track each Subscriber's entry to the site using special software. In the event of a breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information, Subscriber shall immediately notify Gayfans or the site of such breach of security. The subscriber will remain liable for unauthorized use of the service until Gayfans or the site is notified of the security breach by e-mail or telephone.
13.Sanctioning and approval of adult material
This site contains age-restricted material. If the subscriber is under the age of 18 or has not reached the age of majority at the location from which he or she is accessing this site, the subscriber is not authorized or permitted to enter or access any of its documents. If the Subscriber is over the age of 18 or is of the age of majority at the location from which the Subscriber accesses this site by entering the site, the Subscriber hereby hereby agrees to abide by these terms and conditions.
14. Additional terms and conditions
The site may have additional terms and conditions that are an integral part of their offer to the subscriber, and which are in addition to these terms and conditions. These terms and conditions as listed on the site shall not in any way invalidate the terms and conditions listed herein. This agreement shall be construed and enforced in accordance with the laws of Belgium applicable to contracts negotiated, executed and fully performed in the said country. Disputes arising from this agreement shall be settled in Belgium, under the jurisdiction of Liège.
15. Severability
If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. If a court finds any provision of this Agreement to be invalid or unenforceable, but limiting such provision would make it valid or enforceable, then such provision shall be deemed written, construed and enforced in the manner so limited.
16.Notices
Notices from the Site to subscribers may be given by electronic messages on the Site, by general posting on the Site or by postal mail. Subscriber notices may be given by electronic messages, conventional mail, telephone, unless otherwise specified in the agreement. All questions, complaints or notices regarding the site should be directed to Gayfans. All cancellations of service to a site should also be addressed to Gayfans.
Questions and Contact Information: All questions regarding these terms and conditions should be directed to Gayfans.
17. DECLARATION OF LIABILITY
User understands that Gayfans cannot and does not guarantee that files available for download via the internet will be free of viruses, worms, trojan horses or any other code that may manifest contaminating or destructive properties. The user is responsible for implementing procedures and checkpoints sufficient to satisfy the subscriber's specific requirements for accuracy of input and output data, and for the maintenance of such procedures and checkpoints.
MAINTENANCE OF AN OFF-SITE MEANS OF RECONSTRUCTING
Support Gayfans assumes no responsibility or risk for subscriber's use of the internet. use of the site by users is at their own risk. the content is provided "without warranty of any kind, either express or implied. support Gayfans disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
TITLE OR NON-INFRINGEMENT.
support Gayfans makes no warranty that the functions or contents contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site will be error-free.
will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. the gayfans member does not warrant or make any representations regarding the use or the results of the use of the content in terms of accuracy, reliability or otherwise. the content may include technical inaccuracies or typographical errors, and the supporting member may modify or improve the content at any time.
the user, not the gayfans support member, assumes the entire cost of all necessary services, repairs or corrections necessary in the event of any loss or damage arising use of the site or its contents. Gayfans support member makes no warranty that subscriber's use of the content will not infringe rights of others and assumes no liability for errors or omissions in the content. errors or omissions in such content. Gayfans member does not warrant or represent ownership or authorization of the use of the content in any country, state, province, country or other jurisdiction.
if you choose to access the site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws.
18. SUBSCRIPTION FEES AND COMMUNICATION WITH USERS
Subscription and site membership fees are subject to change at any time at Gayfans' sole and absolute discretion. The official standard membership rates for the site are shown on the website. The current monthly membership rate which will appear on the Subscriber's credit card bill, will be charged to the Subscriber's account, billed to the Subscriber's phone, etc., depending on the Subscriber's choice of payment method.
"OPT-IN AND COMMUNICATION WITH THE USER"
The Subscriber expressly and specifically acknowledges and accepts that his e-mail address or any other means of communication with the Subscriber may be used to send him offers, information or any other e-mail of a commercial nature or any other means of communication.
More specifically, certain offers may be presented to the Subscriber via e-mail campaigns or other means of communication with the possibility of expressing the Subscriber's preference by clicking or
entering "accept"(or "yes") or "decline" (or "no"). By selecting or clicking on "accept" or "yes", the subscriber indicates that he/she "OPTS-IN" to this offer and thereby accepts and consents to the use of the
subscriber's personal information, including e-mail address and data, may be used for this purpose or disclosed to third parties".
"OPT-OUT AND COMMUNICATION WITH THE USER".
The subscriber expressly and specifically acknowledges and agrees that his/her e-mail address or any other means of communication with the subscriber may be used to send offers, information or any other
e-mail of a commercial nature or any other means of communication. More specifically, other offers may be presented to the subscriber via e-mail campaigns or other means of communication with a pre-selected preference or choice. If the subscriber does not deselect the pre-selected preference or choice (i.e., "OPT-OUT" the offer), the site may then transfer the subscriber's personal profile information to the service. To the third-party service or content provider making the offer. If the subscriber deselects the pre-selected pre-selected preference, no personal information can be disclosed to a third-party service or content provider.
19.Sponsors, advertisers and third parties
The Site may provide links to websites of sponsors, advertisers or other third parties that are not owned or operated by Gayfans. Inclusion of, linking to, or authorization to use or install any third party
site, application, software, content or advertising does not imply approval or endorsement by Gayfans. Gayfans has no control over, and assumes no responsibility for, the content, privacy policies or
practices of any third parties. By accessing or using the Site, you agree to hold Gayfans harmless from any liability arising from your use of any third-party website, content, service or software accessed through
the Site
Your communications or transactions with, or participation in promotions of, sponsors, advertisers or other third parties found through the Site are solely between you and such third parties. You agree that Gayfans shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Site.
20.Product returns :
This right of withdrawal is not possible for virtual (digital) items in accordance with legal provisions. Gayfans can, however, help you if you have had a problem with the download, subject to the customer's good faith.
21.
Complaints policy :
In the event of a complaint, Gayfans will first respond to the complaint by rephrasing it to make sure that it is clear what the problem is. Then Gayfans will propose an action to be taken in order to find the cause of the problem and to remedy it within a reasonable period of time that will be indicated to the customer (maximum 7 working days).
When the problem is resolved, Gayfans will inform the customer directly. The customer will then be asked to indicate whether the solution suitable. If so, the complaint will be considered processed and closed.
21b. Appeal procedure:
If Gayfans' proposal is not accepted by the complainant. Gayfans will resume the procedure and make a new proposal to the complainant, based on any additional elements provided by the complainant (point:
21). If, despite all Gayfans' efforts, no solution can be found with the customer, it will be possible to choose a neutral arbitrator to reach an amicable solution. If despite this no solution is found, please refer to the section dealing with disputes.
22.
In the event of a dispute: In the event of a dispute, other than the collection of unpaid invoices, the parties undertake to have recourse to mediation by an approved mediator and to attend two sessions of at least two hours in
order to try to find an amicable solution. Wherever possible, video-conferencingis acceptable.
All disputes will fall under the exclusive jurisdiction of the courts of the judicial district of Liège, even in the event of a warranty claim or multiple defendants. or multiple defendants. However, Gayfans reserves
the right to summon any or all of the defendants to appear before the judge of their place of business. No method of payment or execution will bring novation or derogation to the present express clause of exclusive attribution of jurisdiction. Belgian law shall be exclusively applicable.
PART 2: CONTENT CREATORS
IMPORTANT
By registering register on http://gayfans.eu, you, as a Content Creator, enter into a contract with Gayfans, a Belgian platform, for the uploading of content on the Platform ("the Contract"). You agree to be bound by these terms of use, which may be updated updatedat any time, as well as our privacy policy (collectively, the "Terms"). These Terms govern your relationship with Gayfans and are subject to Belgian law.
Please read these Terms carefully. If you do not wish to accept them, you should not use the Platform.
23.2 Independence of the Parties
Each Content Creator acts as an independent contractor and assumes all risks and obligations associated with its activity on Gayfans. Content Creators and their employees are not considered
employees or agents of Gayfans. Content Creators are responsible for their own taxes and social security contributions.
23.3. Gayfans' core values
Gayfans is a private platform focused on the gay male community, offering a tool to monetize the activities or image of Creators. Content published on the Platform must comply with applicable laws and not
promote illegal activities. Users undertake to respect these values when using Gayfans. Content promoting hatred,violence or any other form of discrimination is strictly prohibited.
23.4. Independent payment service providers
Payment services are managed by independent service providers. Gayfans reserves the right to change these providers at any time.
Forall matters relating to financial transactions, please refer to the terms and conditions of the relevant payment service provider.
24.1. General information (reminder)
Gayfans is a Belgian platform whose registered office is located in Belgium (province of Liège) VAT and Identification BE0870603209. In this document, the terms "we", "us" and "our" refer to Gayfans. The site is
hosted by M3SERVER (https://my.m3xs.net/aff.php?aff=685), an independent company. This site is intended exclusively for the gay male community and is subject to Belgian law. Access is restricted to users of legal age according to the law of their country of residence, and at least18 years of age. If you have any questions or concerns, please contact our customer service department at admin@gayfans,eu.
24.2.Protection of minors
2.4.1Gayfans does not authorize the publication of information concerning minors. By using this site, you certify that you are of legal age according to the laws of your country of residence.
2.4.2. Gayfans will cooperate fully with any investigation of illegal use of the site.
2.4.3.Any suspicious content should be reported immediately to Gayfans and the relevant authorities.
2.4.4. Gayfans has a zero tolerance policy towards child pornography and any activity related to the exploitation of minors.
24.3.Adult Content
The term "Adult Content" refers to any content that may be deemed inappropriate for minors, including, but not limited to explicit language, violence, discrimination, nudity and sexualized behavior.
It is important to distinguish:
A)
Content that may qualify as "adult" because of its references to specific behaviors, but which is not necessarily prohibited (subject to compliance with applicable laws and these Terms).
B)
The promotion of unacceptable or illegal behavior is strictly forbidden and will be reported.
C)
For example, the promotion of discrimination, physical and/or mental violence, etc. is forbidden. However, if they are represented in an appropriate context and in compliance with the law, such content may
be tolerated. Be careful to distinguish between representation and promotion.
24.4.Responsibilities of Users and Content Creators
24.4.1.
As a user or creator of content on Gayfans, you are entirely responsible for all information that you publish, share or transmit on the platform.
24.4.2.
Gayfans is not responsible for content posted by users or content creators. However, we reserve the right to remove any content that violates our terms of use or applicable law.
24.4.3.
Content creators are also responsible for ensuring that their content complies with copyright and other applicable laws. Any content infringing these laws will be removed and the user's account may be suspended or
terminated. Users or creators who violate these terms of use may be subject to disciplinary action, including, but not limited to, suspension or termination of their account.
24.5.Confidentiality and Data Security
24.5.1.
Gayfans is committed to protecting the privacy and security of its users' data. For more information, please our Privacy Policy.
24.5.2.
Users are responsible for the security of their account and personal information. Gayfans will not be liable in the event of unauthorized access to a user account.
We use technical and organizational security measures to protect your data.
24.6. Changes to the Terms of Use
24.6.1.
Gayfans reserves the right to modify these Terms of Use at any time. Modifications will come into effect as soon as they are published on the site.
24.6.2
It is the user's responsibility to regularly review these Terms of Use for any changes. Users may be notified by e-mail or by an announcement on the site in the event of significant changes to the conditions of use.
24.7.
Termination and account suspension
24.7.1.
Gayfans reserves the right to suspend or terminate your account in the event of a breach of these terms of use or any other policy of the platform. other policies of the platform.
24.7.2.
In ermination, all content you have posted on Gayfans may be deleted at our discretion. Gayfans reserves the right to retain certain data for legal or compliance reasons, even after termination of the account.
24.8. Limitation of Liability
24.8.1.
Gayfans shall not be liable for any direct, indirect, special, punitive or consequential damages arising out of the use or inability to use the platform.
24.8.2.
Gayfans' total liability to you for all claims arising out of the use of the Platform shall not exceed the amount you paid to use Gayfans during the twelve (12) months preceding the claim.
This limitation of liability shall not apply in the event of gross negligence or wilful misconduct on the part of Gayfans.
24.9.Applicable Law and Jurisdiction
24.9.1.
These Terms of Use are governed by Belgian law.
24.9.2.
Any dispute arising from these conditions shall be subject to the exclusive jurisdiction of the Belgian courts in the jurisdiction of Liège.
In the event of a dispute, the parties will endeavor to resolve the problem amicably before resorting to legal action. Arbitration may be an option.
USE OF THE SITE
25.1. Acceptance of Terms
By accessing GayFans, you agree to abide by these Terms of Use and all applicable laws and regulations. If you do not agree to these terms, you are prohibited from using or accessing this site.
Your continued use of the site following any changes to the Terms of Use constitutes your acceptance of such changes.
25.2. Copyright and Trademarks
Thecontent of GayFans is protected by copyright and trademark laws. You agree not to copy, redistribute or publish all or part of the site without the prior written permission of GayFans. Any infringement of copyrights or trademarks may result in legal consequences.
25.3. Account Security
You are responsible for maintaining the confidentiality of your account and password, and you agree to take all necessary steps to ensure the security of your account. If you suspect any illegal or unauthorized activity related to your account, you must immediately notify GayFans.
25.4.Rights of GayFans
GayFans reserves the right to refuse access to the site, terminate accounts, remove or edit content, or cancel orders at its own discretion. orders at its own discretion.
GayFans may also restrict access to certain features or parts of the site to certain users.
25.5.
Interactions between Users You are solely responsible for your conduct and interactions with other GayFans users. We reserve the right, but have no obligation, to monitor obligation, to monitor disputes between
you and other users.
GayFans may intervene in the event of inappropriate behavior or violation of these Terms, but is not obligated to do so.
25.6.
Illegal or Unauthorized Use Any illegal or unauthorized use of the site will result in termination of your account and may be subject to legal action.
This includes, but is not limited to, fraud, harassment and distribution of malicious content.
COMMITMENTSOF THE PARTIES
A.General
26.1. Contract between the Creator and GayFans
By registering on GayFans, and subject to approval of this registration by GayFans, each Creator establishes a contractual relationship with GayFans (the "Contract"), governed by the present conditions. This Contract covers : The granting of a non-exclusive license to use the Content uploaded by the Creator (the "License"),
The offering of Content for sale by the Creator, for sale by GayFans to Subscribers (the "Content Purchase"). This contract is governed by the laws of Belgium and is subject to the exclusive jurisdiction of the Belgian courts in the province of Liège.
B. Content license
26.2. Term of license
The license is granted upon approval of the Creator's registration and terminates one calendar month after termination of the Creator's account.
The license may be renewed by mutual agreement between the parties.
26.3. Creator's obligations
Each Content Creator undertakes to provide a reasonable volume of Content and to update it regularly. In the event of failure to do so, GayFans may deactivate the Creator's account and/or is guaranteed against any
prejudicial claim by the Subscriber. The Creator is also responsible for the quality and legality of the Content provided.
26.4.Access to Content
GayFans undertakes to make the Content accessible to Subscribers who subscribe to the Creator's profile. Access will be provided for one month and may be renewed by tacit agreement. GayFans is not responsible for access problems due to external factors such as network or maintenance problems.
26.5.Modification of the Subscription Price
The Content Creator may propose a change to the Subscription price once a month. GayFans will confirm by email whether this modification is accepted or refused.
In the event of refusal, the Creator may submit a new proposal after a period of 30 days.
26.6.Notification to Subscribers
Ifa price modification is agreed, it will take effect one month after GayFans' confirmation. Subscribers will be informed by email. Subscribers will have the opportunity to cancel their subscription before the price change takes effect.
26.7. Following a Modification Refusal
Ifa modification is refused, the Creator may choose to continue at the current price or deactivate his/her account. In the event of account deactivation account, all contractual obligations remain in force until the end of the current subscription period.
C.
Purchase of content
26.8. Offering Content for Sale
By uploading Content, the Creator offers this Content for sale to GayFans. GayFans reserves the right to refuse any Content that does not comply with the platform's quality standards or guidelines.
26.9.Acceptance of the Offer by GayFans
GayFanswill confirm within three days whether it accepts the Offer, based on several criteria, including the reputation of the Creator.
In case of refusal, GayFans will inform the Creator and may provide recommendations to improve the Content.
26.10. Subscriber Purchase Process
A Subscriber may notify a purchase offer by clicking on the "PURCHASE" button.
GayFans will sell the Content to the Subscriber and pay a minimum of 70% of the price to the Creator. Exceptional offers may exist for certain Creators, who will benefit permanently or temporarily from a better offer.
Payments will be made in accordance with the terms set out in section "D Payments".
D. Payments
26.14. Distribution of Revenues
Each Creator shall receive a minimum of 70% of the net revenues generated by Subscriptions and Content Purchases. Unless otherwise agreed in advance.
Addendum:
GayFansreserves the right to change this percentage with 30 days notice.
26.15.Referral Fee
In the event that a Referral URL is used, the Referrer will receive a 5% commission. This commission is calculated on the basis of the net revenue generated by the Subscriber's Subscriptions and Content Purchases.
26.16. Power of Attorney for Invoice Issue
Each Creator grants GayFans an irrevocable power of attorney to issue the corresponding invoices.
This power of attorney is limited to the issuance of invoices related to transactions carried out on the GayFans platform.
26.17. Terms of Payment
Payments will be made by bank transfer or via paypal on the first day of each calendar month. In the event of late payment, interest may be charged in accordance with current legislation.
26.18.Currency of payment
Payments will be made in Euros. In the event of special requests to be paid in another currency, currency conversion costs, if any, will be borne by the Creator. However, payment in a currency other than the Euro
is at Gayfans' discretion.
26.19. Tax obligations of Content Creators
Content Creators are responsible for complying with their tax obligations.
GayFans may be required to collect tax information and Creators undertake to provide such information. In the event of non-compliance with these obligations, GayFans reserves the right to suspend or terminate the Content Creator's account. License to Use the Website
A.
Conditional License
We grant you a conditional, revocable, non-transferable and non-exclusive license to use our website and install one copy of the GayFans application on your computer. GayFans application on your mobile device, solely for your personal and lawful use.
This license does not permit you to use GayFans for commercial purposes without our prior written consent.
B.
Revocation of License
This license may be revoked at any time for violation of these Terms or any applicable law. In the event of revocation, all content downloaded or purchased via GayFans must be deleted from your devices.
C.
Compatibility and Updates
It is your responsibility to verify the compatibility of the GayFans website with your device. Updates to the GayFans website and/or application may be made from time to time. GayFans may be updated from time to time.
We are not responsible for any data charges that may apply as a result of downloading or updating the application.
27. Payments and Remuneration
27.1 Payments to Producers
A.
In consideration of the contractual relationship with GayFans, each Producer will receive :
- 80% of net revenues generated by subscriptions to their profile.
-80% of net revenues generated by purchases of virtual content on their store.
-80% of net revenues generated by private media purchases via messaging.
-70% of revenues generated by tips via show cams.
-These percentages are subject to change with 30 days' notice.
B.
Terms of payment
Payments will be made by bank transfer on the first day of each calendar month for transactions carried out during the penultimate calendar month. In the event of late payment, interest may be charged in accordance
with current legislation.
27.2 Payments in foreign currencies
A.
Payments may be made in Euros.
B.
By specific agreement, payment in another currency is sometimes possible. In this case, currency conversions will be carried out by the user's bank, which will deduct the applicable
charges. GayFans is not responsible for exchange rate fluctuations or conversion fees.
27.3Tax obligations
A.
Producers are responsible for complying with their tax obligations related to their income.
B.
GayFans may be required to collect tax information and users agree to provide such information upon request. Failure to comply with this clause may result in the suspension or termination of the Content Creator's account.
28. Intellectual Property Rights
28.1
Property of GayFans
All content, functionality and materials available on the GayFans site are the property of GayFans, its licensors or other providers of such materials and are protected by copyright and other intellectual property laws.
Any unauthorized use of GayFans content is strictly prohibited and may result in civil and criminal penalties.
28.2 Restrictions on Use
A.
You may not reproduce, distribute, or create derivative works from the GayFans Content without permission.
B.
Any violation of these terms may result in legal action. Any attempt to circumvent the site's security measures is also a violation of these Terms.
28.3 Trademarks
The GayFans name and logo are trademarks of GayFans and may not be used without prior written permission. Any unauthorized use of GayFans trademarks is a violation of these Terms and trademark laws.
License to Use the Website
A.
Personal License We grant you a revocable, non-transferable, non-exclusive license to use our Website and Application, strictly for your personal use and in compliance with applicable laws.
B.
Revocation of License This license may be revoked at any time if you violate these Terms or any applicable law.
C.
Compatibility and Updates It is your responsibility to check the compatibility of your device with our website and application. Updates may be made without notice.
29.Intellectual Property Rights
29.1
Ownership of Content
The content of the Website, including text, images, video, and other media, is our exclusive property or that of our licensors, and is protected by intellectual property laws.
29.2
Restrictions on UseYou may not reproduce, distribute or modify the content of the website without our prior written permission.
30.
Payments and Remuneration
30.1
Payments to Producers Producers will receive a % of the net revenues generated by various activities on their profile, including subscriptions, purchases of virtual content and private media.
Remuneration table :
-80% of net revenues generated by virtual content purchases on their store.
-80% of net revenues generated by private media purchases via the messaging
-70% on revenues generated by tips via show cams.
These percentages are subject to change with 30 days' notice.
30.2 Currency payments
Payments may be made in Euros or in any other currency upon express request and without guarantee of acceptance. Conversion costs are borne by the user.
30.3 Tax obligations
Content creators are responsible for all tax obligations related to their income on GayFans.
31. Intellectual Property Rights
31.1 Property of GayFans
All content on the Website is the property of GayFans or its licensors and is protected by intellectual property laws.
31.2 Restrictions on Use
Any unauthorized use of the Content may result in legal action.
31.3 Trademarks
The GayFans name and logo are trademarks of GayFans and may not be used without our prior written permission.
31. License to Use the Site
31.1 License Agreement
A
limited, revocable and non-transferable license is granted to use the GayFans site and application for your personal use, subject to these Terms.
31.2 Compatibility and Updates
We do not guarantee the compatibility of the site with all devices. Updates may be made without notice.
32. COMMITMENTS OF CONTENT CREATORS
All content creators agree to use Gayfans in compliance with applicable laws and in accordance with these Terms and Conditions. Terms and Conditions. In particular, they undertake to:
32.1.
Not to promote activities and productions that are not their own, in particular by inserting promotional codes, advertising or promotional material, including any "junk mail", "chain letter", "e-mail" or any other similar solicitation.
33.2.
Not impersonate Gayfans, any of our employees, any other User or any other person or entity, or falsely state, imply or otherwise misrepresent any affiliation, endorsement or approval of Gayfans, any of our employees, any other User or any other person or entity. falsely represent an affiliation, endorsement or sponsorship between them and any other person or entity, including Gayfans.
33.3.
Not falsify Account registration information or make unauthorized use of another person's information or content. information or content.
33.4.
Do not copy, reproduce, distribute, modify or create derivative works of any part of Gayfans without our express written permission.
34.5.
Not to engage in any conduct that could disable, overburden, damage or impair Gayfans, or interfere with any other party's use or enjoyment of Gayfans, including to enjoyment of Gayfans, including its ability to participate in real time activities through Gayfans.
34.6.
Not to create, upload, post, display, publish or distribute any content that:
(a) Is unlawful, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the foregoing prohibitions.
(b) Violates the copyright, trademark, right of privacy, right of publicity or any other proprietary or personal right (e.g., by using the name, likeness, image or other identifying feature) of another person without proper consent.
(c) Promotes or advertises escort services, prostitution, firearms or other weapons, tobacco, drugs or drug paraphernalia, or any illegal activity. (d) Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person.
34.7.
Not to remove, delete, modify or alter any copyright, trademark or other proprietary rights notices contained in any content that they do not own.
35.8.
Not to decompile, disassemble, reverse engineer or otherwise attempt to discover or derive Gayfans' source code.
35.9.
Not to interfere in any way with the operation of Gayfans or any server, network or system associated with Gayfans; access information that is not intended for them, or access another User Account that they
are not expressly authorized to access.
35.10.
Not to use Gayfans for any unauthorized purpose, including, without limitation, to create a competitive product or service, to monitor Gayfans' availability, performance or functionality, or for any other
competitive purpose.
35.11.
Not to use any automated program, tool or process (including, without limitation, web crawlers, robots, spiders and automated scripts) to access Gayfans or any server, network or system associated with
Gayfans, or to retrieve, collect, harvest or gather any content or information from Gayfans.
36.CONTENT CREATOR CONTENT
36.1.
All Content Creators retain full ownership of and sole responsibility for all Content they post on Gayfans, in general, and with respect to, among other things, the compliance of its nature and content
with these Terms and applicable Laws.
36.2.
Each Content Producer's Content is licensed to Gayfans so that such Content Producer's Content may be made available by Gayfans, on the Website, to Subscribers who must subscribe to the relevant Content
Producer's profile on the Website.
36.3.
By creating and posting Content on Gayfans, you authorize Gayfans to access, view and make your Content available to Subscribers on Gayfans for their own legal or professional use. available to Subscribers on Gayfans for their own lawful personal or business use. Your Content Creator is not confidential.
36.4.
You represent and warrant that.
-You own, have a valid license to, or otherwise control all of the rights to Your Content Creator Content, in general and for its specific use on the Website.
for its specific use on the Website.
- To the extent that your Content Creator Content includes or uses third party property, you have obtained all rights, licenses, consents and permissions necessary to use such third party property in your Content Creator Content.
36.5.
You agree to obtain and keep on file the written consent of all persons represented in the Content that you publish or offer for sale:
-To be represented in your content,
-That this content may be publicly distributed to users,
-That this content may be made available to and possibly downloaded by your subscribers or purchasers.
36.6.
For all persons represented in your content, you also undertake:
-Verify their identity and age to ensure that they are of legal age.
-Provide proof of age upon request.
36.7.
You grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, to display, distribute and disclose to third parties any such material in accordance with these Terms (including the
mandatory disclosures to competent authorities).
36.8.
You understand and acknowledge that you are responsible for all Content Creator Content submitted or contributed through your Account, and that you have full responsibility for such content, including its legality,
reliability, accuracy and appropriateness.
36.9.
You shall indemnify us and our licensees, successors and assigns from all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential loss, loss of profit, loss of reputation and all interest, penalties and legal costs - calculated on a full indemnity basis) and all other reasonable business costs and expenses suffered or incurred arising out of or in connection with your Content Creator Content, including but not limited to any third party claiming that such Creator Content content violates one of its rights.
36.10.
We are not responsible for the content or accuracy of any Producer Content posted on the Website.
36.11.
By registering at http://gayfans.eu, you also agree to act as record custodian for Content uploaded to the Website via your Gayfans Account.
36.12.
Any questions regarding the content of the producers can be sent by email to admin@gayfans.,eu
37. CONTENT FROM CONTENT CREATOR
37.1. Ownership of Content
Any content creator retains full ownership and remains solely responsible for any Content they put online on Gayfans. The content creator is also responsible for ensuring that the content does not violate the rights
of any third party, including copyright and trademark rights. private life.
37.2. License to Gayfans
Each Content Creator Content is licensed to Gayfans so that such Content Creator Content is made available by Gayfans, on the Website, to Subscribers. This license is non-exclusive, worldwide and royalty-free.
37.7. Rights Granted to Gayfans
You grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and disclose to third parties any such material. This license terminates when you delete your Content from content creator or your account.
37.9. Compensation
You shall indemnify us and our licensees, successors and assigns from all liabilities, costs, expenses, damages and losses. This compensation also includes reasonable attorney's fees.
38. CONTENT MODERATION
38.1. Responsibility of content creators:
Each content creator is fully responsible for the content they post on Gayfans.
38.2. Right of Surveillance:
Gayfans reserves the right to monitor user accounts and profiles for reasons of moderation, cooperation with legal authorities, or to ensure compliance with these Terms of Use.
39. PRIVACY POLICY
39.1.Data gathering :
We collect various types of personal data when using the Gayfans Platform, including but not limited to, username, password, email address, and date of birth.
39.2.
Legal Basis for Processing:
Data processing is based on several legal grounds, including our legitimate interest in operating and improving Gayfans, the contract that you accepted by registering, your consent for certain data, and our legal obligations.
39.3.
Use of Data:
The data collected is used to provide and improve our services, facilitate communication between users, fulfill our obligations legal, and for internal analyses.
39.4.
The duration of the conversation :
Data is retained for as long as necessary to provide our services and to comply with applicable laws.
39.5. Security measures :
We implement security measures to protect data against unauthorized access, modification, disclosure, or destruction.
39.6.
Payment Providers:
Payment services are managed by third parties and are subject to their own privacy policies.
39.7.
Data Sharing:
Data may be shared with other users in certain circumstances, such as when you subscribe to a Producer's profile.
39.8.
Non-sale of Data:
We will never sell your data to third parties and we will not allow access to your private conversations.
39.9. User Rights:
You have the right to access, rectify, and delete your personal data, as well as other rights such as data portability.
39.10. Opposition to Processing:
You have the right to object to the processing of your data for legitimate reasons.
39.11.
Exercise of Rights:
To exercise these rights, you can send an email to admin@gayfans,eu.
40. USE OF COOKIES AND COPYRIGHT MANAGEMENT
40.1 Use of Cookies
We use cookies to improve the user experience on our website and mobile application. Cookies are small files data stored on your device that allows us to:
Ensure the proper functioning and effectiveness of our website;
Save your preferences and settings to make your navigation;
Facilitate interactions between users;
Strengthen site security;
Continually improve our services and features;
Carry out internal analyzes and statistics.
Unless otherwise stated, these cookies are retained for a maximum period of 14 months. You can configure your browser or mobile device to block or limit the use of cookies, but this may affect certain features of our service.
40.2 Copyright Management
We are committed to respecting copyright laws and responding appropriately to notices of infringement presumed to have these rights. Actions taken may include removing or disabling access to the content in question,
and in some cases, termination of the responsible user's account.
To report suspected copyright infringement, please contact us at:
admin@gayfans,eu
.Your notification must include the items specified in our list of criteria.
If your content is removed or disabled following such notification, we will make reasonable efforts to notify you. YOU will then have the opportunity to submit a counter-notification to admin@gayfans.eu, which must also include specific elements.
If a valid counter-notification is received, we will notify the complaining party and, unless legal action is taken against you, we will restore the content within 30 days.
Any intentional misrepresentation in a notification or counter-notification may result in liability for damages.
➡️Please note: this English translation was made to help you BUT it is the French version which has official value and which takes precedence over all other languages
