1.1 Fans4u was founded with the aim of creating an interactive social network, allowing Users to share and view Content in a safe environment. We do this by hosting the Platform, which showcases our Models and helps Fans find and Subscribe to their favourite Models in order to view the exclusive Content that they create.
1.2 These Terms constitute a contract between all Users of the Platform and/or our Platform Services (you) and Fans4u. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
1.3 By registering an account with Fans4u as a Model or a Fan, you represent and warrant that: 1.3.1 you are at least 18 years of age; 1.3.2 you accept full responsibility for any Content created or provided by you; 1.3.3 you accept full responsibility for the use of the Platform on any device, whether or not it is owned by you; and 1.3.4 you will fully comply with these Terms and any applicable laws.
Business means a commercial entity that is purchasing the Services in connection with a trade, craft or profession.
Chargeback means a demand by a credit or debit card provider for Fans4u to reimburse the loss the credit card provider has incurred because a Fan has disputed any fees paid under a Modelling Services Contract without justification.
Commission Fee means the fee payable to Fans4u by Models under these terms as defined in Clause 10.2.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
Content means any digital media made available by Models to Fans through the Platform.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Fans means all users of the Platform that engage Models for Modelling Services.
Fans4u/‘we’/‘us’/‘our’ means the company that provides the Services and maintains this Platform being Siteways International AG, a limited company registered in Switzerland with company registration number: CHE-133.166.323, having its registered office at Schochenmühlestrasse 6, 6340, Baar, Switzerland.
Listing(s) means any listing on the Platform created by a Model.
Model Fees means any costs incurred by Fans for Modelling Services via the Platform and payable to Models in accordance with these Terms.
Modelling Services means the modelling services provided by the Model to the Fan.
Modelling Services Contract means the binding agreement between the Fan and the Model for the provision of Modelling Services in the form of a Subscription or on a Pay as You Go Basis.
Order means the Fan's initial commitment to a Subscription or series of Subscriptions, submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Pay As You Go means an Order for Modelling Services on a one-off basis with no further obligations.
Platform means the ‘Fans4u’ online platform which includes its proprietary domain: www.fans4u.com and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by Fans4u.
Platform Fees means the fees payable to Fans4u in return for supplying the Platform Services to Models, including Commission Fees and fees due in respect of Premium Packages.
Platform Services means the services provided by Fans4u to Fans and Models as defined in Clause 1.1.
Premium Package means a subscription contract for periodic payments made by a Model to Fans4u in return for optimisation of Listings and monthly Fan usage analytics reports, billed on a 30-day cycle.
Subscription means a subscription contract for periodic payments made by Fans to Models in return for access to the chosen Models’ Content, billed on a 30-day cycle (‘Subscribing’, ‘Subscribe’ and ‘Subscribed’ shall be construed accordingly).
User means Fans and Models that use the Platform.
TERMS FOR FANS
3. Account Registration
3.1 Before Ordering Modelling Services, you will be required to register for an account via the Platform. You remain responsible for all actions and security in relation to your account.
3.3 If you make more than two transactions a day you will be required to sign up to a Premium User Agreement and you will also be required to verify your identity (a photo of you holding valid photo identification).
3.4 Please note that once we verify your identity, the information used to do so will be erased immediately, although we may periodically require reverification.
3.5 You can change your details and preferences at any time in the ‘my account’ section of the Platform.
3.6 We may contact you by using e-mail or other communication methods and you expressly agree to this.
3.7 By signing up to a Subscription with a Model you consent to your personal information being shared with that Model. Once this information has been passed directly on to the Model, the Model may contact you via the Platform.
4. Basis of the Modelling Services Contract
4.1 To Order any Modelling Services, you must first use the Model Directory function to choose a Model from the Listings available on the Platform and sign up to a Subscription in order to follow a Model that you like.
4.2 Once you are Subscribed to a Model, you may also make Orders for Content from that Model on a Pay as You Go basis.
4.3 The Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
4.4 The Modelling Services Contract will be formed for the Modelling Services you have Ordered when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
4.5 You will receive the Order Confirmation within a reasonable time after making the Modelling Services Contract, but in any event not later than the commencement of your Subscription to your chosen Model.
4.6 The description of the Modelling Services on our Platform does not constitute a contractual offer on behalf of the Model to provide any Modelling Services to you. When an Order has been submitted on the Platform, it can be rejected for any reason, although we will try to tell you the reason without delay. This may be because a Model has rejected the Subscription, because of unexpected limits on our resources which we could not reasonably plan for or because you have Ordered Modelling Services in the past and we have received complaints due to your conduct. In such an instance, if payment has already been taken, we will refund you in full.
4.7 If your Subscription request is rejected by the Model, there will be no further obligation on our behalf and we would encourage you to look for another Model that fits your criteria.
4.8 Once the Modelling Services Contract has been formed, Fans4u discharges its responsibilities to you and all contractual matters relating to the performance of the Modelling Services are between you and the Model. It is therefore of the utmost importance that you communicate any important information relating to your Subscription with the Model, including any preferences you have regarding Content.
5. Model Fees
5.1 The price of the Model Fees are those set out on the relevant Listing on the date of the Order.
5.2 You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
5.3 Prices and charges include VAT at the rate applicable at the time of the Order.
5.4 All Fees must be taken through the Platform. We process payments using Pay Square and Pay Safe which are subject to Pay Square’s General Terms of Service and Pay Safe’s Terms of Service respectively which are incorporated into these Terms by reference. If you try to make any payment to Models outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
5.5 Our preferred currency is Euros. If Model Fees are not received in in Euros, the conversion is performed by Pay Square or Pay Safe. We are not responsible for any exchange rate rates or charges levied by Pay Square or Pay Safe for such conversion.
6. Cancellation for Consumers
Right to cancel
6.1 Any Modelling Services Contract is a Distance Contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out below. Subject to Clause 6.3, if you are a Consumer, you can cancel your Order for Modelling Services by telling us before the Modelling Services Contract is completed i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
6.2 To exercise the right to cancel the Modelling Services Contract, you must inform us of your decision to cancel by a clear written statement via the Platform. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
6.3 These Cancellation Rights change if you have already begun receiving the Modelling Services at the time of that you serve notice of cancellation under Clause 6.2 as follows: 6.3.1 If you are provided with a digital download, once you have completed the download, regardless of whether the Cooling-off Period has expired, your right to cancel will no longer be exercisable and no refund will be claimable; 6.3.2 Should you request cancellation of a Subscription within the Cooling-off Period, you shall be entitled to a refund, less the value of the Modelling Services that have already been performed by the Model up to and including the date which you give notice on a pro-rated basis; and 6.3.3 If the entirety of the Modelling Services has already been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
6.4 We may terminate your use of this Platform at any time by writing if: 6.4.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; 6.4.2 you breach these Terms or the Acceptable Use Policy; or 6.4.3 you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to our reputation or cause harm to any other User.
6.5 If we terminate your use of this Platform in the situations set out in Clause 6.4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching these Terms.
Timing of reimbursement
6.6 If a reimbursement is due under this Clause, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
6.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.8 If, due to circumstances beyond our control, a Model cancels your Subscription for any reason, we will inform you through the Platform immediately and you will receive a pro-rated refund to the credit or debit card you paid with.
6.9 If we become aware that a Fan or someone associated with a Fan has sought and received a Chargeback, Fans4u will take additional actions. Any Content which is subject to a Chargeback will be blocked and may result in the Fan’s account being immediately and permanently suspended from the Platform. In addition, should the Chargeback be successful, the disputed amount may be removed from the Model’s income and the relevant Model will be informed.
7. Duration and termination
7.1 Subscriptions commence once your payment of the for the first instalment is accepted by us and shall continually renew on a monthly basis unless terminated at any time by giving us 30 days written notice of your intention to do so. Notice of termination must be in writing and sent to us via the Platform.
TERMS FOR MODELS
8. Model Registration
8.1 If you wish to become one of our Models, you must first register for an account through the Platform. We will then assess your application and we may ask you for more details. We will require certain information during the verification process, which may include, but is not limited to: 8.1.1 name; 8.1.2 company number if applicable; 8.1.3 verification of your age and identity (a photo of you holding valid photo identification; and 8.1.4 bank account details.
8.2 If you are registering an account as a Business, you warrant that you are authorised to grant all the licences referred to in these Terms and that you are authorised to bind the Business to these Terms which constitute the entire agreement between us in relation to your use of the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
8.3 Models are permitted to upload content to our Platform through their Listing. By permitting us to upload any Listing to our Platform, the Model grants Fans4u and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Listing and/or to incorporate it into other materials in any form, for the purposes of marketing.
8.4 Models are permitted to link to their Listing on the Platform via embedded links using a portal provided by Fans4u.
8.5 If for any reason after accepting an Order for Modelling Services, a Model wishes to cancel the Order for any reason, they must notify us through the Platform immediately. The Model must then refund the full amount of any Fees received and we reserve the right to charge a small cancellation fee to cover the costs it may incur in processing the refund.
9. Model Obligations
9.1 The Model represents and warrants that: 9.1.1 they and anyone appearing in any Content they upload to the Platform are over the age of 18 and are legally independent; 9.1.2 only themselves or other verified Fans4u Models will appear in the Content that they share on the Platform; 9.1.3 they have the necessary authority, rights and licences to submit the Content on the Platform and are not breaching any third-party intellectual property rights by sharing any Content; 9.1.4 they shall not misuse any personal data of Fans shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 18.3) or send unsolicited communications to Fans; 9.1.5 they shall not try to circumvent the Platform for financial gain; 9.1.6 they shall respond promptly to any and all enquiries from Fans in relation to Subscriptions; 9.1.7 they shall respond promptly to any and all enquiries from Fans4u when contacted; and 9.1.8 they shall at all times adhere to the Acceptable Use Policy and shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Fans or Fans4u staff.
9.2 The Model shall indemnify, defend and hold harmless Fans4u against all losses that Fans4u incurs or suffers however arising as a result of or in connection with: 9.2.1 the Model's breach of the warranties set out in Clause 9.1; 9.2.2 the Model's breach or negligent performance or non-performance of any obligations under these Terms; 9.2.3 any damage to reputation suffered by Fans4u as a result of the Model’s breach of these Terms, the Acceptable Use Policy, or negligence; and/or 9.2.4 any claim made by a Fan or any third party arising out of or in connection with a with the Modelling Services, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Model or its staff or contractors.
9.3 Fans4u reserves the right to suspend and terminate the use of the Platform by any Model that breaches these Terms or if it receives more than two complaints about any Model from Fans.
10. Model Fees and Premium Packages
10.1 Model Fees are paid by Fans to Models via the Platform.
10.2 In return for providing the Platform Services to the Model, the Model will pay the Commission Fee, calculated at [insert]% of the total Model Fees it receives from Fans in respect of the Modelling Services.
10.3 Should you wish to upgrade your account to take advantage of one of our Premium Packages, you can do so via ‘My Account’. Payment for Premium Packages shall be taken immediately and billed on a 30-day cycle which may be cancelled on 30 days’ prior notice.
10.4 Payment processing services for Models are provided by Pay Square. By agreeing to these Terms and continuing to use the Platform Services, you agree to be bound by Pay Square’s General terms of Service, as may be modified by Pay Square from time to time. Under no circumstances can Pay Square be used in violation of its terms and any failure to comply by you will be a material breach of these Terms which may result in Fans4u terminating your use of the Platform.
10.5 Our preferred currency is Euros. If Model Fees are not received in in Euros, the conversion is performed by Pay Square. We are not responsible for any exchange rate rates or charges levied by Pay Square for such conversion.
10.6 All Fans4u Models are fully responsible for compliance with any applicable local laws and regulations in regard to the Model Fees that they receive from the Modelling Services including the payment and reporting of any applicable income taxes. For the avoidance of doubt, Fans4u is not responsible for Models’ tax payments or any other financial obligation and cannot provide the Models with any advice in this regard.
Nothing in these Terms shall be interpreted as meaning that any Model is an employee of Fans4u and agrees that all Services provided to Fans are as a self-employed person or as a Business and are therefore excluded from any benefits or rights attributed to employees of Fans4u including, but not limited to, entitlement to paid holiday or sick leave.
12. Platform Services
12.1 The description of the Platform Services is as stated on the Platform, marketing e-mails or any other form of advertisement provided by the us. Any description is for illustrative purposes only.
12.2 We reserve the right to make beneficial changes to the Platform Services. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
13. Intellectual property
13.1 We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 “Fans4u“ is an unregistered trade mark. No rights are granted to Users or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
13.3 You are permitted to: 13.3.1 print off one copy or download extracts of any page(s) from our Platform for your personal use; and 13.3.2 draw the attention of others within your organisation to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.
13.4 However, you must not: 13.4.1 modify the paper or digital copies of any materials you have printed off or downloaded in any way; 13.4.2 use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or 13.4.3 use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
13.5 If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. Viruses and maintenance
14.1 We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
14.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
14.3 You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
14.4 We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
15. Third-party Links on our Platform
15.1 Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
16. Successors and our sub-contractors
16.1 We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
16.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
17. Circumstances beyond the control of either party
17.1 In the event of any failure by a party because of something beyond its reasonable control: 17.1.1 the party will advise the other party as soon as reasonably practicable; and 17.1.2 the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Fan's above rights relating to delivery and any right to cancel.
18.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
18.3 For the purposes of these Terms: 18.3. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. 18.3.2 'GDPR' means the General Data Protection Regulation (EU) 2016/679. 18.3.3 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
18.4 We are a Data Controller of the Personal Data we Process in providing the Platform Services to you.
18.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws: 18.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; 18.5.2 we will only Process Personal Data for the purposes identified; 18.5.3 we will respect your rights in relation to your Personal Data; and 18.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
18.6 For any enquiries or complaints regarding data privacy, please contact us.
19. Reliance on our Platform
19.1 The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
19.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
20. Prohibited use
20.1 You may not use the Platform for any of the following purposes: 20.1.1 in any way which causes, or may cause, damage to the Platform or interferes with any other person's use or enjoyment of the Platform; 20.1.2 in any unlawful or fraudulent manner; 20.1.3 to transmit, or to procure the transmission of any unsolicited marketing materials to us; 20.1.4 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; 20.1.5 to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; 20.1.6 to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or 20.1.7 making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
21. Erroneous transactions and fraud
21.1 Should we make payment in error to Fans or Models, we reserve the right to pursue reimbursement in the Platform by deducting the amount from future Model Fees or using any available legal remedies.
22. Limitation of liability
22.1 We provide the Platform Services only and we are not responsible and accept no liability whatsoever in respect of the Modelling Services that Fans receive from a Model on the Platform.
22.2 If you are a Fan, we limit our liability as follows: 222.2.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process. 222.2.2 To the fullest extent permitted by applicable laws, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Platform Services. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Model Fees paid by you under the Modelling Services Contract.
22.3 If you are a Model, we limit our liability as follows: 222.3.1 To the fullest extent permitted by applicable laws, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Platform Services. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Platform Fees paid by you under the Contract.
22.4 Whether you are a Consumer or a Business, this Platform and the Platform Services advertised on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
22.5 The Model agrees to indemnify Fans4u against all reasonable costs, expenses, penalties, fines or interest including reasonable legal costs and expenses, incurred or payable by the Model in connection with or in consequence of any such liability, deduction, contribution, assessment or claim including claims for employment or worker status brought by the Model against Fans4u arising out of or in connection with the provision of the Platform Services, except where such claim is as a result of any act or omission of Fans4u.
23.1 These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the current version of the Terms. No variation of these Terms, can be made after it has been entered into unless the variation is agreed by the User and Fans4u in writing and authorised by a member of our senior staff.
23.2 These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
23.3 No third party will have any right to enforce or rely on any provision of these Terms.
23.4 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
24. Governing law, jurisdiction and complaints
24.1 The Contract (including any non-contractual matters) is governed by the law of Switzerland.
24.2 Disputes can be submitted to the jurisdiction of the courts of Switzerland.
24.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Fans should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.