TransFans Wayback Tos
TransFans Wayback Tos
com/terms-and-conditions
Terms of Service
Contents
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of TransFans and your agreement with us.
we refer to our website as "TransFans", including when accessed via the URL www.TransFans.com;
references to "we", "our", "us" are references to Fenix International Limited, the operator of
TransFans;
"Content" means any material uploaded to TransFans by any User (whether a Creator or a Fan),
including any photos, videos, audio (for example music and other sounds), livestream material, data, text
(such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any
other material whatsoever;
"Creator" means a User who has set up their TransFans account as a Creator account to post Content
on TransFans to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan/Creator Transaction" means any transaction between a Fan and a Creator on TransFans by which
access is granted to the Creator's Content including in any of the following ways: (i) a Subscription, (ii)
payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-
view live stream), and (iii) use by the Fan of the fan interaction function on a Creator's account;
"Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a
Fan/Creator Transaction, or (ii) by way of a tip for a Creator;
"Referring User" means a User who participates in the TransFans referral/affiliate/Affiliate Program;
"Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator
Transaction, which can be found here;
"Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid, and
whether for one month or as part of a bundle comprising a subscription for more than one month);
"Terms of Service" (also called "your agreement with us") means the legally binding agreement
between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii)
Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) referral/affiliate Program
Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community
:
Guidelines;
"United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
"User" means any user of TransFans, whether a Creator or a Fan or both (also referred to as "you" or
"your").
Who we are and how to contact us: TransFans is operated by TF Media. [email protected]
To contact us with any questions about TransFans, please email our support team at [email protected].
We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
to reflect changes in laws and regulatory requirements which apply to TransFans and the services,
features and programs of TransFans where such changes require TransFans to change its terms and
conditions in a manner which does not allow us to give reasonable notice to you; and
to address an unforeseen and imminent danger related to defending TransFans, Fans or Creators from
fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or
through TransFans, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of
Service are in effect, you will be bound by them if you continue to use TransFans.
We may make changes to or suspend or withdraw TransFans: We may update and change TransFans from time to time for any reason,
including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or
address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that TransFans, or any
Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or
any part of TransFans for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it
affects you.
To use TransFans you must first register and create a User account on TransFans. You must provide a valid email address, a username, and
a password or authenticate using a valid Google account. Your password should be unique (meaning that it is different to those you use
for other websites) and must comply with the technical requirements of the TransFans site for the composition of passwords.
To register as a User:
you must be at least 18 years old, and you will be required to confirm this;
if the laws of the country or State/province where you live provide that you can only be legally bound
by a contract with us at an age which is higher than 18 years old, then you must be old enough to be
legally bound by a contract with us under the laws of the country or State/province where you live; and
you must be permitted by the laws of the country or State/province where you are located to join
TransFans and to view any Content available on it and to use any functionality provided by it.
you must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use TransFans.
Your commitments to us: When you register with and use TransFans, you make the following commitments to us:
If you previously had an account with TransFans, you confirm that your old account was not terminated
or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages
posted to your TransFans account, and to the processing of your personal data as more fully detailed in
our Privacy Policy.
You will keep your account/login details confidential and secure, including your user details,
passwords and any other piece of information that forms part of our security procedures, and you will
not disclose these to anyone else. You will contact [email protected] promptly 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. You also agree to ensure that you log out of your account at the end of each
session, and to be particularly careful 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 all activity on your account even if, contrary to the Terms of Service, someone
else uses your account.
You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other
parts of the Terms of Service which apply to your use of TransFans.
We can but we are not obligated to moderate or review any of your Content to verify compliance with
the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
It is our policy to suspend access to any Content you post on TransFans which we become aware may
not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any
applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If
we suspend access to any of your Content, you may request a review of our decision to suspend access
to the relevant Content by contacting us at [email protected].
Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content,
we may take any action we consider appropriate, including to reinstate access to the Content or to
permanently remove or disable access to the relevant Content without needing to obtain any consent
from you and without giving you prior notice.
You agree that you will at your own cost promptly provide to us all reasonable assistance (including by
providing us with copies of any information which we request) in our investigation.
We will not be responsible for any loss suffered by you arising from the suspension of access to your
Content or any other steps which we take in good faith to investigate any suspected non-compliance or
unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you via email or electronic
message to your TransFans account, but we are not obligated to give you prior notice of such removal or
suspension.
We reserve the right in our sole discretion to terminate your agreement with us and your access to TransFans for any reason by giving
you 30 days’ notice by email or electronic message to your TransFans account. We can also suspend access to your User account or
terminate your agreement with us and your access to TransFans immediately and without prior notice:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of
Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any
part of the Terms of Service in a way which has or could have serious consequences for us or another
User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss
or that otherwise harms the reputation of TransFans.
If we suspend access to your User account or terminate your agreement with us and your access to TransFans we will let you know.
During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the
period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in
accordance with section 13 of the Terms of Use for Creators.
Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy
(including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on TransFans for you to be
able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of TransFans and cooperate with law enforcement agencies
in such investigation.
We can disclose any information or records in our possession or control about your use of TransFans to law enforcement agencies in
connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in
response to legal process.
:
We can change the third-party payment providers used to process payments on TransFans and if we do so, we will notify you and store
applicable details on your TransFans account.
Other than Content (which is owned by or licensed to Creators), all rights in and to TransFans and its entire contents, features,
databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be
protected by trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of any and all anonymised data relating to your use of TransFans and such anonymised data can
be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing TransFans to you, but there are certain things which
we are not responsible for, as follows:
We do not authorize or approve Content on TransFans, and views expressed by Creators or Fans on
TransFans do not necessarily represent our views.
We do not grant you any rights in relation to Content. Any such rights may only be granted to you by
Creators.
Your Content may be viewed by individuals that recognise your identity. We will not in any way be
responsible to you if you are identified from your Content. While we may, from time to time and in our
sole discretion, offer certain geofencing or geolocation technology on TransFans, you understand and
agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no
claim against us arising from your use of or reliance upon any geofencing or geolocation technology on
TransFans.
All Content is created, selected, and provided by Users and not by us. We are not responsible for
reviewing or moderating Content, and we do not select or modify the Content that is stored or
transmitted via TransFans. We are under no obligation to monitor Content or to detect breaches of the
Terms of Service (including the Acceptable Use Policy).
You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions
received from another User of TransFans and that if you choose to do so, you do so entirely at your own
risk.
We make no promises or guarantees of any kind that Creators or Referring Users will make a particular
sum of money (or any money) from their use of TransFans (including the TransFans referral/affiliate
Program).
The materials which we make accessible on TransFans for Users are for general information only. We
make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will
achieve any particular result or outcome from using such materials.
We do not promise that TransFans is compatible with all devices and operating systems. You are
responsible for configuring your information technology, device, and computer programs to access
TransFans. You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or
other equipment, or software that may occur in relation to your use of TransFans.
While we try to make sure that TransFans is secure and free from bugs and viruses, we cannot promise
that it will be and have no control over the Content that is supplied by Creators.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email
accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of
funds.
You acknowledge that once your Content is posted on TransFans, we cannot control and will not be
responsible to you for the use which other Users or third parties make of such Content. You can delete
your account at any time, but you acknowledge that deleting your account will not of itself prevent the
circulation of any of your Content which may have been recorded by other Users in breach of the Terms
of Service or by third parties prior to the deletion of your account.
You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including
copyright) in such Content, for any purpose reasonably related to the provision and operation of TransFans. Such acts include to
reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative
works of your Content, and otherwise deal in your Content.
The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable,
assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using
TransFans, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign
or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to
make your Content available to other Users of TransFans, as well as to use your Content for other normal operations of TransFans. We will
never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event
of a sale of our company or its assets to a third party.
Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or
trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content
without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification
to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police
infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we
reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint
about infringement of intellectual property rights.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by
you on TransFans. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights
which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with
your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
Twitter: Users have the facility to connect an active Twitter account to their TransFans account and to share certain Content in the form of
TransFans posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter's terms of service from time to
time in respect of any Content shared in this way.
Links to TransFans:
You may link to the TransFans homepage, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part.
If you are a Creator, when promoting your Creator account you must comply with our Terms of
Service and the terms of service of any other website where you place a link to or otherwise promote
your Creator account. When promoting your Creator account, you must not impersonate TransFans or
give the impression that your Creator account is being promoted by us if this is not the case. You must
not promote your TransFans account by using Google Ads or any similar advertising platform or search
engine advertising service.
Links from TransFans: If TransFans contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. Such links should not be interpreted as approval by
us of those linked websites or information you may obtain from them. We have no control over the
contents of those sites or resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third-party websites linked to
TransFans, you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.
Domain Names: In some instances, TransFans may allow Creators to register or use domain names that contain the TransFans trademark
or a confusingly similar term. However, you will not register such a domain name, unless:
If you would like to register a domain name containing the TransFans trademark or a confusingly similar term, please contact
[email protected]. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing
agreement and may result in TransFans filing a domain dispute against the registrant.
How do I delete my account? If you want to delete your TransFans account then you may do so in the 'User Account' section of your
TransFans account.
If you are a Fan, the deletion of your account will take place within a reasonable time following your
request.
If you are a Creator, then once you initiate the "delete account" process your account will remain
open until the last day of your Fans' paid Subscription period, following which you will receive your final
payment and your account will be deleted.
If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then
Creator).
Once your account has been deleted you won't be charged any further amounts or have access to
your former TransFans account or its Content, and any subscriptions will be deleted and cannot be
subsequently renewed. You will receive an email confirmation upon the successful deletion of your
account. Once your account has been deleted, we may deal with your Content in any appropriate
manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled
to access your Content. There is no technical facility on TransFans for you to be able to access your
Content following termination of your account.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This
includes (i) liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User: If you are a consumer User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable
to you for any loss of profit, loss of business or revenue, business interruption, loss of business
opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of
TransFans.
If you are a consumer User and reside in the United States of America, our total liability to you for
claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
If you are a business User: If you are a business User, you agree that:
won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even
if foreseeable, arising out of or in connection with:
loss of profits;
loss of sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
loss of data or information, including any Content; or
indirect or consequential loss or damage;
won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus,
malware, ransomware, or other technologically harmful material that may infect your computer
equipment, computer programs, data, or other proprietary material due to your use of TransFans or any
of its services, features or programs, or due to your downloading of any material posted on it, or on any
website linked to it;
won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is
infringed by another User or any third party;
won't be liable to you for any disclosure of your identity, or any disclosure or publication of your
personal information by other Users or third parties without your consent (also known as "doxing");
won't be liable to you for any failure or delay by us in complying with any part of the Terms of
Service arising from events outside our reasonable control. If there is any failure or delay by us in
complying with any part of the Terms of Service arising from an event outside our reasonable control
then we will contact you as soon as possible to let you know and we will take steps to minimise the
effect of the delay.
Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
100% of the total fees paid by you to us in connection with your use of TransFans; and
USD 5,000.
If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
We reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of TransFans, save as
expressly set out in the Terms of Service.
Your agreement with us does not give rights to any third parties, except that the exclusions and
limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the
terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies,
employees, owners, representatives and agents.
You cannot transfer your rights or obligations under your agreement with us without our prior written
consent.
Our rights and obligations under your agreement with us can be assigned or transferred by us to
others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of
assets) or by law. In addition, we may choose to delegate the performance of any of our obligations
under your agreement with us to any third party, but we will remain responsible to you for the
performance of such obligations.
The Terms of Service form the entire agreement between us and you regarding your access to and use
of TransFans, and supersede any and all prior oral or written understandings or agreements between us
and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of
TransFans (including those arising from or relating to your agreement with us) can be brought:
:
For consumers (Fans):
Consumers - Law:
If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have
arising out of or in connection with your agreement with us or your use of TransFans, and (ii) any claim that we have against you that arises
out of or in connection with your agreement with us or your use of TransFans (including, in both cases, non-contractual disputes or claims).
You will also be able to rely on mandatory rules of the law of the country where you live.
If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out
of or in connection with your agreement with us or your use of TransFans (including, in both cases, non-contractual disputes or claims) may
be brought in the courts of England and Wales or the courts of the country where you live.
If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have
arising out of or in connection with your agreement with us or your use of TransFans (including, in both cases, non-contractual disputes or
claims) must be brought in the courts of England and Wales.
If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have
arising out of or in connection with your agreement with us or your use of TransFans, and (ii) any claim that we have arising out of or in
connection with your agreement with us or your use of TransFans (including, in both cases non-contractual disputes or claims), without
regard to conflict of law provisions.
If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any
dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your
agreement with us (including its subject matter or formation) or your use of TransFans.
Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have
concerning TransFans (including those arising out of or related to your agreement with us) must be filed within one year after the date on
which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the
earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other
terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
Terms of Use for Fans – which contain additional terms which apply if you use TransFans as a Fan;
Terms of Use for Creators – which contain additional terms which apply if you use TransFans as a
Creator;
Privacy Policy – which applies to all Users and tells you how we use your personal data and other
information we collect about you;
Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on
TransFans;
referral/affiliate Program Terms – which outline the terms that apply if you participate in the TransFans
referral/affiliate Program;
Complaints Policy - which sets out the procedure for making a complaint about any aspect of
TransFans, and how we will deal with that complaint;
Platform to Business Regulation Terms – which contain additional terms which apply to Creators who
are established or resident in the European Union or the United Kingdom; and
Our Community Guidelines – which provide additional terms and guidance regarding your interactions
with TransFans.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the
Terms of Use for all Users will apply to the extent of the conflict.
Introduction: These Terms of Use for Fans are additional terms which apply if you use TransFans as a Fan (also referred to as "you" and
"your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In
addition:
"VAT" means United Kingdom value added tax and any other tax imposed in addition to or in
substitution for it at the rate from time to time imposed and any equivalent or similar governmental,
state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction;
and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local
government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities
wherever chargeable and whether of the UK or any other jurisdiction.
Other terms which will apply to your use of TransFans: The following terms will also apply to your use of TransFans and you agree to
them:
Other terms which may apply to your use of TransFans: The following additional terms may apply to your use of TransFans:
If you are also a Creator, the Terms of Use for Creators will apply to your use of TransFans as a
Creator;
If you are a Creator who is established or resident in the European Union or the United Kingdom, then
the Platform to Business Regulation Terms will also apply to you; and
If you participate in the TransFans referral/affiliate program, the referral/affiliate Program Terms will
apply to your use of the TransFans referral/affiliate Program.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy),
the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on TransFans:
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display,
upload or publish on TransFans:
:
the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you either own your Content (and all intellectual property rights in it) or have a valid license to your
Content; and
if your Content includes or uses any third-party material, you have secured all rights, licenses, written
consents and releases that are necessary for the use of such third-party property in your Content and for
the subsequent use and exploitation of that Content on TransFans.
You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be
responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of TransFans. We do not
have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on TransFans contains adult material, and you agree to
take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage
as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have
with a third party (for example, your employment contract) or in breach of any applicable law.
Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard
Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the
TransFans platform and storing Content we are not a party to the Standard Contract between Fan and
Creator or any other contract which may exist between a Fan and Creator, and are not responsible for
any Fan/Creator Transactions.
Creators are solely responsible for determining (within the parameters for pricing on TransFans) the
pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All
prices appear in USD only.
Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan
Payments.
To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a
payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
You authorize us and our subsidiary companies to supply your payment card details to a third-party
payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in
USD. Your payment card provider may charge you currency conversion fees. We do not have control
over currency exchange rates or charges imposed by your payment card provider or bank and we and
our subsidiary companies will not be responsible for paying any charges or fees imposed by your
payment card provider or bank.
If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment
from the first card and the card is rejected for any reason, then the other payment card will be used to
collect the full Fan Payment.
The payment provider will take (i) periodic payments from your payment card for Fan Payments which
are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than
Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these
payments being debited using your supplied payment card details.
Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at
the end of the relevant subscription period, except if your payment card is declined, the subscription
price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the
relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and
paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch
located on the relevant Creator's profile.
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content
until the end of the subscription period in which you cancelled, after which no further payments will be
taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to
pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant
:
Creator's Content.
You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator
Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in
relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or
chargeback request was made by you in bad faith, we have the right to suspend or delete your User
account.
Wallet credits: You can prepay an amount on TransFans (known as "Wallet Credits") which you can later use to make Fan Payments.
Purchases on TransFans cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet
Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as
determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you
are not entitled to a refund of any unused Wallet Credits.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan
Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the
period of the suspension of your User account.
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for Creators are additional terms which apply if you use TransFans as a Creator (also referred to as
"you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users.
In addition:
"VAT" means United Kingdom value added tax and any other tax imposed in addition to or in
substitution for it at the rate from time to time imposed and any equivalent or similar governmental,
state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction;
and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local
government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities
wherever chargeable and whether of the UK or any other jurisdiction.
Other terms which will apply to your use of TransFans: The following terms will also apply to your use of TransFans and you agree to
them:
Other terms which may apply to your use of TransFans: The following additional terms may apply to your use of TransFans:
If you are established or resident in the European Union or the United Kingdom, then the Platform to
Business Regulation Terms will also apply to you;
If you are also a Fan, the Terms of Use for Fans will also apply to your use of TransFans as a Fan; and
If you participate in the TransFans referral/affiliate Program, the referral/affiliate Program Terms will
apply to your use of the TransFans referral/affiliate Program.
:
What are the fees that we charge Creators for the use of TransFans? We charge a fee to you of twenty
per cent (20%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment)
(called Our Fee. The remaining eighty per cent (80%) of the Fan Payment (exclusive of any VAT element
of the Fan Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of
providing, maintaining and operating TransFans and storing your Content. Our Fee is deducted from the
Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators
section below.
How to set up your account as a Creator account: To set up your account as a Creator account:
You will need on your User account page to upload a valid form of ID and two photos of you in
accordance with the requirements set out here.
You will need on your User account page to add a bank account or payment details of your bank
account or a payment method.
You will need on your User account page to select one of the available methods provided by
TransFans as to how your Creator Earnings will be transferred to you. These methods are called Payout
Options.
If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number.
See the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to UK
VAT.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your
application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Fans a
monthly subscription fee you will need to set your subscription price for your Fans within the range
allowed by TransFans as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to
become your Fans.
If you lose access to your account, you can reset your password, but you will need to know the email
address used to set up the account to do so. If you do not recall the email address used to set up the
account, we may require you to provide identification documents and photos and any additional
evidence we may reasonably require to prove your identity.
Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound
personally by the Terms of Service. If you have an agent, agency, management company or other third
party which assists you with the operation of your Creator account (or operates it on your behalf), this
does not affect your personal legal responsibility. Our relationship is with you, and not with any third
party, and you will be legally responsible for ensuring that all Content posted and all use of your account
complies with the Terms of Service.
Fan/Creator Transactions: This section describes the terms which apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard
Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the
TransFans platform and storing Content, we are not a party to the Standard Contract between Fan and
Creator or any other contract which may exist between a Fan and Creator, and are not responsible for
any Fan/Creator Transaction.
Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan
Payments.
When you receive confirmation from TransFans, either in the ‘Statements’ page of your User account
or by email (or both), that the Fan/Creator Transaction has been confirmed, you must perform your part
of such Fan/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator
account and/or providing the customised Content paid for by the Fan and/or allowing the Fan to use the
fan interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by
:
you of this obligation (which means you will be responsible for any loss or damage (including loss of
profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy),
the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on TransFans:
Your Content is not confidential, and you authorize your Fans to access and view your Content on
TransFans for their own lawful and personal use, and in accordance with any licenses that you grant to
your Fans.
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display,
upload or publish on TransFans:
the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you hold all rights necessary to license and deal in your Content on TransFans, including in each
territory where you have Fans and in the United Kingdom;
you either own your Content (and all intellectual property rights in it) or have a valid license to offer
and supply your Content to your Fans;
if your Content includes or uses any third-party material, you have secured all rights, licenses, written
consents and releases that are necessary for the use of such third-party property in your Content and for
the subsequent use and exploitation of that Content on TransFans; and
of satisfactory quality, taking account of any description of the Content, the price, and all other
relevant circumstances including any statement or representation which you make about the nature of
the Content on your account or in any advertising;
reasonably suitable for any purpose which the Fan has made known to you is the purpose for which
the Fan is using the Content; and
as described by you.
You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be
responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of TransFans. We do not
have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to TransFans.
Advertising on TransFans:
If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods,
services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship,
and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of
these Terms of Use for Creators.
Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
does not:
Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to TransFans
contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
Co-authored Content:
If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be
identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each
individual shown in any Co-Authored Content uploaded to your account is i) a Creator on TransFans; or ii) a consenting adult, and that you
have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored
Content that such individual:
has given his or her express, prior and fully informed consent to his or her appearance in the Co-
Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on TransFans.
In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other
person or people appearing in the Content maintain a Creator account on TransFans, you will tag the TransFans account(s) of any person
or people appearing in the Co-Authored Content who can be identified from it.
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from
any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on TransFans.
You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is
uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated
from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall
be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such
agreements.
You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but
which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and
complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested
by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your
account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising
from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in
the Co-Authored Content (as applicable).
Payouts to Creators:
All Fan Payments will be received by a third-party payment provider approved by us.
If you have chosen the Stripe Payout Option, Stripe will collect the Fan Payment and pay the Creator
Earnings to your bank account. Crypto Currency will be deposited into your crypto wallet & is available
for immediate withdrawl.
Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Fan
Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on
your behalf.
Your TransFans account will be updated within a reasonable time with your Creator Earnings. Your
Creator Earnings will become available for withdrawal by you from your TransFans account once such
Creator Earnings appear in your TransFans account.
To make a withdrawal of Creator Earnings from your TransFans account, you must have at least the
minimum payout amount in your TransFans account. Please click on the Banking page on your account
:
to see what the minimum payout amount is for your country of residence and Payout Option.
The amount that you see in your ‘current balance’ in your TransFans account is your Creator Earnings at the relevant time. All Fan
Payments and Creator Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Fan Payments and
Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe.
Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you
a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet
company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet
company.
If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may
investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or
refunded amount.
Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your
Payout Options with a third-party payment provider.
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of
Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or
could have serious consequences for us or another User (including actual or possible loss caused to us or
another User); or
if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity,
either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the
suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have
seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened
to breach any part of the Terms of Service in a way which has or could have serious consequences for us
or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator
Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your
Creator Earnings.
We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we
receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be
placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders
and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where
we have a right to do so under these Terms of Use for Creators.
If we are withholding all or any part of the Creator Earnings due to you and we determine that part of
the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected
unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings
which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or
fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service
has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may
set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will
(unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in
forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.
General:
:
We recommend that all Creators seek professional advice to ensure you are compliant with your local
Tax and VAT rules, based on your individual circumstances.
By using TransFans as a Creator, you warrant (which means you make a legally enforceable promise)
that you have reported and will report in the future the receipt of all payments made to you in
connection with your use of TransFans to the relevant Tax authority in your jurisdiction, as required by
law.
By using TransFans as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply
with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an TransFans account, any Tax non-
compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest
relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any
occurrence of Tax non-compliance, you agree that you will:
notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax non-
compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
details of the steps which you are taking to address the occurrence of the Tax non-compliance and
to prevent the same from happening again, together with any mitigating factors that you consider
relevant; and
such other information in relation to the occurrence of the Tax non-compliance as we may
reasonably require.
For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible
for advising you on your Tax affairs and will not be liable in respect of any general information provided on TransFans or by
[email protected] in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.
We reserve the right to close your TransFans account if we are notified of or become aware of any Tax non-compliance by you.
For the purposes of UK VAT only, Creators are treated as providing their services to TransFans, rather
than to Fans directly.
You will be treated, for VAT purposes, as charging TransFans your Creator Earnings (80% of all and
any Fan Payments), together with UK VAT at the prevailing rate in force at the time of the Fan Payment;
TransFans also agrees that, subject to the terms set out in this section of these Terms of Use for
Creators, you can add UK VAT at the prevailing rate in force at the time of the referral/affiliate payment
to the amount of any referral/affiliate payments payable to you under the referral/affiliate Program Terms
(" referral/affiliate Payments").
You agree to use the TransFans VAT invoice generator tool which can be found
at: https://TransFans.com/my/banking/vat/create-document to generate monthly VAT invoices,
addressed to Fenix International Limited, in respect of your Creator Earnings (and referral/affiliate
Payments, if any) for the relevant period together with the VAT on such Creator Earnings (and
referral/affiliate Payments, if any);
The VAT element added to your Creator Earnings (and referral/affiliate Payments, if any) (the "VAT Amount") will be paid to you by
way of a separate payment outside of your regular Creator Earnings, provided that you must have submitted to us copies of the following
before payment of the VAT Amount will be made to you:
You shall pay the VAT Amount which is paid to you directly to HM Revenue & Customs.
If you need any further information or assistance on what is needed in order to receive the VAT
Amount you can email [email protected].
More information on who is required to register for VAT in the UK, and the VAT position for Creators
whose earnings are not above the earnings threshold or who are not VAT registered can be found
at https://TransFans.com/help/3/120 and in the following guidance from HM Revenue & Customs in the
UK at https://www.gov.uk/vat-registration/when-to-register.
You agree that you will keep copies of all VAT invoices and VAT returns in connection with your
earnings from TransFans and you will provide us with copies of such documents within 14 days of our
written request that you do so. For the avoidance of doubt, it is your obligation to comply with all
provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-
date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
If you are a Creator in the UK who is not required to register for UK VAT, then you should monitor the
level of taxable sales that you make in the UK (including any referral/affiliate Payments) to ensure you
have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to
monitor whether you have exceeded the VAT registration threshold.
We do not monitor earnings that Creators receive from other income sources. However, we will
monitor the annual earnings of UK Creators on our platform, and if you are not already VAT registered
and your earnings exceed the VAT registration threshold, you will receive a notification from us asking
you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT
as soon as possible and to send your VAT registration number to us at [email protected], within 6
weeks of such notification. Failure to do so may result in your TransFans account being closed.
BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of TransFans and all Content on TransFans and forms part of your agreement with us. This Policy sets out
what is and is not permitted on TransFans.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
Do not use TransFans except for your own personal use and do not sell, rent, transfer, or share your
account or any Content obtained from your use of TransFans to or with anyone else.
Only use TransFans in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on TransFans that is illegal, fraudulent, defamatory,
hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal
activity.
Do not use TransFans in any way which may exploit, harm, or attempt to exploit or harm any individual
under 18 years old, for example by exposing them to inappropriate Content.
firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or
:
restrictions;
drugs or drug paraphernalia;
self-harm or suicide;
incest;
bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse
or hardcore bondage, extreme fisting, or genital mutilation;
necrophilia;
urine, scatological, or excrement-related material;
"revenge porn" (being any sexually explicit material featuring any individual who has not given prior,
express and fully informed consent to that material (a) being taken, captured, or otherwise
memorialized, or (b) being posted and shared on TransFans);
escort services, sex trafficking, or prostitution;
contains unsolicited sexual content or unsolicited language that sexually objectifies another User or
anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to
another User or anyone else (including "deepfakes");
contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate,
dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual
based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or
expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected
characteristic);
contains or refers to anyone else's personal data or private or confidential information (for example,
telephone numbers, location information (including street addresses and GPS coordinates), names,
identity documents, email addresses, log-in credentials for TransFans including passwords and security
questions, financial information including bank account and credit card details, biometric data, and
medical records) without that person's express written consent;
either:
in the case of Content featuring public nudity, was recorded in or is being broadcast from a country,
State or province where public nudity is illegal; or
in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public
place where members of the public are reasonably likely to see the activities being performed (this does
not include outdoor places where members of the public are not present, for example private property
such as a private backyard, or secluded areas in nature where members of the public are not present).
gives the impression that it comes from or is approved, licensed or endorsed by us or any other
person or company;
causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset,
embarrass, or cause serious offence to anyone else;
is used or is intended to be used to extract money or another benefit from anyone else in exchange
for removal of the Content; and/or
involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and
other sales promotions, product placements, advertising, or job posting or employment ads without our
prior express consent.
You must comply with any requirements set out in our Community Guidelines. Our Community Guidelines can be found here.
Do not use TransFans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use TransFans to engage in misleading or deceptive conduct, or conduct that is likely to mislead
or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing,
communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or someone else's rights, including intellectual property rights
:
(examples of which are copyright, trademarks, confidential information, and goodwill), personality rights,
unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely
state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or
company.
Do not provide false account registration information or make unauthorized use of anyone else's
information or Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of
artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive,
misleading or low quality.
Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live
stream or otherwise attempt to pass off recorded material as a live stream.
Do not use other media or methods (for example the use of codewords or signals) to communicate
anything which violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit any Content, except as permitted under
the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content
which is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the
source code of TransFans.
Do not use TransFans in a way that could adversely affect our systems or security or interfere with any
other User’s use of TransFans, including their ability to engage in real-time activities through TransFans.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and
automated scripts) to access TransFans or any server, network or system associated with TransFans, or to
extract, scrape, collect, harvest or gather Content or information from TransFans.
Do not use TransFans' name, logo or any related or similar names, logos, product and service names,
designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service
or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in
the Terms of Service.
WARNING!
In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973,
please read the warning below in respect of the TransFans referral/affiliate Program:
It is illegal for us or for a participant in the TransFans referral/affiliate Program (including Referring Users
and Referred Creators) to persuade anyone to make a payment by promising benefits from getting
others to join the TransFans referral/affiliate Program.
Do not be misled by claims that high earnings are easily achieved from participation in the TransFans
referral/affiliate Program.
Although we do not demand any payment from Referring Users for the purposes of participating in the
TransFans referral/affiliate Program, we are legally required to inform you that if you sign this contract,
you have 14 days in which to cancel and get your money back.
Introduction: These referral/affiliate Program Terms are additional terms which apply if you use the TransFans referral/affiliate Program.
These referral/affiliate Program Terms form part of your agreement with us.
Interpretation: In these referral/affiliate Program Terms defined terms have the same meanings given to them in the Terms of Use for all
Users. In addition:
:
"Referring User" is also referred to as "you" or "your" in these referral/affiliate Program Terms;
"Referred Creator" means the person who joins TransFans as a Creator via the Referring User's unique
referral/affiliate link.
What is the TransFans referral/affiliate Program? TransFans offers a referral/affiliate program by which existing Users can introduce people
who are interested in becoming Creators to TransFans and receive referral/affiliate payments from TransFans which are calculated and
limited as described in these referral/affiliate Program Terms.
The TransFans referral/affiliate Program is operated by Fenix International Limited. We are a limited company registered in England and
Wales, with company registration number 10354575 and we have our registered office address at Fourth Floor, Imperial House, 8 Kean
Street, London, WC2B 4AS.
Only Users of TransFans with a current User account can participate in the TransFans referral/affiliate
Program. If a User's account has been suspended or terminated by us for any reason or deleted by the
User, that User will not be eligible to participate in the TransFans referral/affiliate Program.
You will need on your User account page to add a bank account or a payment method details of your
bank account or a payment method in order to receive referral/affiliate payments under the TransFans
referral/affiliate Program.
Each User has a unique referral/affiliate link (which can be accessed via the User's User account) which
the User may share with others. When sharing your unique referral/affiliate link you must not
impersonate TransFans or give the impression that your referral/affiliate link is being shared or promoted
by us. You must not use Google Ads or any similar advertising platform or search engine advertising
service to share or promote your unique referral/affiliate link. Upon our request, you must disclose the
methods by which you share your unique referral/affiliate link in the Bio/Website field of your TransFans
account.
The Referred Creator must click on your unique referral/affiliate link and then register with TransFans
using the same browser that they used to click on your unique referral/affiliate link. If someone registers
with TransFans other than by using your unique referral/affiliate link, we will not link that account to your
referral/affiliate and no referral/affiliate payments will be made to you.
The Referred Creator must not have opened a User account with TransFans (whether under the same
name or another name) before clicking on your unique referral/affiliate link. If the Referred Creator is
currently or has previously been a User of TransFans no referral/affiliate payments will be made to you
for the referral/affiliate.
If the Referred Creator sets up more than one User account referral/affiliate payments will be made to
you on the earnings made by the Referred Creator from their first User account only. No referral/affiliate
payments will be made to you on any further User accounts set up by the Referred Creator.
No referral/affiliate payments will be made to you on any referral/affiliate of a Referred Creator which
we determine is owned or operated by you, or is in a commercial relationship with you. You will provide
any information which we request to enable us to determine whether the Referred Creator is owned or
operated by you or if there is a commercial relationship between you and the Referred Creator.
You agree that when promoting TransFans in any way as a Referring User:
you will not give a false impression of TransFans, the services, programs, and content (including
Content) made available through TransFans, its Users or the Terms of Service; and
you will not make any statements which suggest to a potential Creator that the potential Creator will
make a particular sum of money (or any money) from their use of TransFans, or any statements regarding
the likely number of Fans.
referral/affiliate payments:
How are referral/affiliate payments calculated? Once a Referred Creator has become a registered User of TransFans in accordance with
the rules of the TransFans referral/affiliate Program described above, the Referring User will be paid a referral/affiliate payment equal to
five per cent (5%) of Fan Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator
:
becomes a registered User of TransFans, up to a maximum referral/affiliate payment by TransFans to the Referring User of US$50,000 per
Referred Creator.
This means that if a Referred Creator generates Fan Payments with a total value of US$1 million or more in the twelve months after the
date on which that Referred Creator becomes a registered User of TransFans, then the Referring User's referral/affiliate payments in
relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Fan Payments with a
total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of
TransFans, then the Referring User will be paid five per cent (5%) of the Fan Payments generated by that Referred Creator in the twelve
months after the date on which the Referred Creator becomes a registered User of TransFans, following which no further referral/affiliate
payments will be made to the Referring User in respect of that Referred Creator.F
Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading
Act 1973, please read the warning below in respect of the TransFans referral/affiliate Program:
It is illegal for us or for a participant in the TransFans referral/affiliate Program (including Referring
Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting
others to join the TransFans referral/affiliate Program.
Do not be misled by claims that high earnings are easily achieved from participation in the TransFans
referral/affiliate Program.
Choosing a payout method to receive referral/affiliate payments: In order to be able to receive
referral/affiliate payments you must first choose one of the payout methods provided by TransFans in
your country of residence. These methods are called "Payout Options".
The referral/affiliate payment due to you on Fan Payments made to the Referred Creator in a calendar
month will be transferred to you on or around the first day of the next calendar month (which means, for
example, that referral/affiliate payments due to you in respect of Fan Payments made to the Referred
Creator in February shall be paid to you on or around 1 March).
The cost of the referral/affiliate payment is borne by us, not the Referred Creator.
If referral/affiliate payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to
whom the wrongly paid sums have been paid.
We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any
referral/affiliate payment to be made and the person to whom any referral/affiliate payment should be made. Failure to provide any
information requested by us may lead to you losing your entitlement to referral/affiliate payments in respect of the relevant Referred
Creator.
We may change any aspect of the TransFans referral/affiliate Program (including how referral/affiliate payments are calculated) or
discontinue the TransFans referral/affiliate Program at any time, but no change will deprive any Referring User of referral/affiliate payments
already earned based on Fan Payments made to Referred Creators before the changes came into effect.
We may withhold all or any part of the referral/affiliate payments due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of
Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which has or could
have serious consequences for us or another User (including actual or possible loss caused to us or
another User); or
if we suspect that all or any part of the referral/affiliate payments due to you result from unlawful or
fraudulent activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which
resulted in the referral/affiliate payment, or by the Referred Creator to whom the Fan Payment was
made which resulted in the referral/affiliate payment,
:
for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the
suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that
(i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or
threatened to breach any part of the Terms of Service in a way which has or could have serious
consequences for us or another User (including actual or possible loss caused to us or another User),
and/or (iii) all or any part of referral/affiliate payments due to you result from unlawful or fraudulent
activity, we may notify you that you have forfeited all or any part of your referral/affiliate payments.
We may also withhold all or any part of the referral/affiliate payments due to you but not yet paid out if we receive notice that you have
secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral/affiliate payments. We undertake no duty
to pay referral/affiliate payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been
removed.
We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the TransFans referral/affiliate
Program where we have a right to do so under these referral/affiliate Program Terms.
If we are withholding all or any part of the referral/affiliate payments due to you and we determine that part of the referral/affiliate
payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may
arrange for you to be paid the part of the referral/affiliate payments which is unrelated to breaches by you of the Terms of Service or
suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may
cause us loss, we may withhold all referral/affiliate payments due to you but not yet paid and we may set off such amounts against any
losses suffered by us.
COMPLAINTS POLICY
Introduction: This document set out our complaints policy. If you are a User of TransFans, this Complaints Policy forms part of your
agreement with us.
Who we are and how to contact us: TransFans is operated by Fenix International Limited. We are a limited company registered in
England and Wales, with company registration number 10354575 and we have our registered office address at Fourth Floor, Imperial
House, 8 Kean Street, London, WC2B 4AS.
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In
addition, the term "business days" means any day which is not a Saturday, Sunday or public holiday in England.
Whether or not you are a User of TransFans, you can use this Complaints Policy to alert us to any complaint which you have relating to
TransFans.
How to make a complaint: If you have a complaint about TransFans (including any complaint about Content appearing on TransFans or
the conduct of a User), please send your complaint to [email protected] including your name, address, contact details, a description of
your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
If you are unable to contact us by email, please write to us at the following address: Fourth Floor, Imperial House, 8 Kean Street, London,
WC2B 4AS.
How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual
Content under section 5 above:
we will take such steps as we consider to be appropriate to investigate your complaint within a
timescale which is appropriate to the nature of your complaint;
if we require further information or documents from you, we will contact you to let you know;
we will in good faith investigate your complaint within seven (7) business days;
if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such
Content, and we will notify you of our decision by email or other electronic message;
if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision
by email or other electronic message.
:
Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at
our expense.
How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in
accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.
How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our
Acceptable Use Policy) under section 5 above:
we will take such steps as we consider to be appropriate to investigate your complaint within a
timescale which is appropriate to the nature of your complaint;
if we require further information or documents from you, we will contact you to let you know;
we will in good faith take such actions as we consider appropriate to deal with the issue which your
complaint has raised. If you have complained about Content which appears on TransFans and we are
satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove
such Content;
we are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of TransFans, you warrant (which means you make a legally enforceable promise) that
you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine
that you have breached this warranty, we may suspend or terminate your User account.
Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to
them in the Terms of Use for all Users.
These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United
Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your
agreement with us.
These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency
requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/TransFans)
and Twitter (www.twitter.com/TransFans) social media accounts.
Ranking on TransFans: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on
TransFans in the previous 30 days. We have no ranking system. There is no search/discovery feature on TransFans.
any alleged non-compliance by us with any obligations laid down in the Platform to Business
Regulation which affect you; or
technological issues relating directly to TransFans and which affect you; or
measures taken by us or our conduct which relate directly to TransFans and which affect you,
Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
consider your complaint and the follow-up which we may need to give to your complaint (including
asking you for further information or documents) in order to adequately address the issue raised;
process your complaints within a reasonable time, taking into account the importance and complexity
of the issue raised; and
:
communicate to you in plain and intelligible language by email or by message to your TransFans
account the outcome of the internal complaint-handling process.
You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the
settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after
the mediation process, as such rights are set out in our Terms of Use for all Users.
: