Welcome to the One2Fan Platform!
PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR PLATFORM, AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE PLATFORM OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND AGREE THAT SUCH TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE PLATFORM.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE TERMS, AT ANY TIME WITHOUT NOTICE.
OUR PLATFORM IS NOT INTENDED FOR MINORS. YOU MUST BE AT LEAST
18 YEARS OLD AND MUST REACH THE
AGE OF MAJORITY IN APPLICABLE TO YOU JURISDICTION TO HAVE ACCESS TO OUR PLATFORM.
1. DEFINITIONS.In the Terms, the following terms shall have the meaning set forth beside them:
"Agreement" means the agreement for the provision of the Services between you and One2Fan that will be formed when you accept these Terms, and which will include these Terms, the Privacy Policy and any other agreed terms and conditions;
"Affiliate" means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person;
"Content" usually means any and all information published by a Creator on the Platform.
"Creator" means an individual who creates an Account and as Membership page (as a case may be) on the One2Fan Platform to post its Content.
"Follower" means an individual who enjoys the Creator's Content and purchases the Membership (as a case may be) to support its favorite Creator's creations.
"Illegal or Immoral Purposes" means promoting, executing, or funding terrorist, defamatory, discriminatory, fascists or hatred ideologies, activities or groups, and any other activities which are illegal or considered as immoral under the applicable laws and regulations in the jurisdictions where the User or the Company and the Company's Affiliates are located or provide services;
"Membership" means membership programs for the Followers, on a subscription basis, to access and support the Creators that the Followers prefer.
"One2Fan",
"we",
"us",
"our" or
"the Company" means Culturika s.r.o., Czech Company located at Nárožní 2787 / 7a, Stodůlky, 158 00 Prague 5, Czech Republic, registered on July 19, 2018 under the number 07297408;
"One2Fan Platform" or
"Platform" means the set of a software solution, software features, services and applications aggregated at the Website for the purpose to provide Services to the Users by the Company in relation to the Creator's Content and its access and support by the Follower.
"Parties" means the parties of the Agreement;
"Prohibited Activity" includes (but not limited to) any product, service or business relating to gambling, pornography or obscene material, prostitution, alcohol, tobacco, illegal or prescription drugs, drug trafficking, controlled substances, money laundering, terrorism, homeland security, human trafficking, human trafficking for the purpose of sexual exploitation and physical abuse or any other activity which is illegal or considered as immoral in the jurisdictions where the User or the Company and the Company's Affiliates Third-Party Providers are located or provide services;
"Services" means the services made available by One2Fan to the Creators for the purpose to upload the Creator's creations and for the Followers for the purpose to access to the Creator's creations and to support their favorite Creator's creations.
"Terms" means these terms of service;
"Third-Party Provider" means a third party that is independent to One2Fan and provides with its services on the Platform in accordance with its own rules, including terms and conditions of such third party.
"User", "your" or
"you" means the person or persons, using the Platform as a Creator or a Follower depending on the context.
"Website" means
https://one2fan.com owned and operated by the Company or its Affiliate.
2. SCOPE OF THESE TERMS2.1. Unless otherwise stated herein, these Terms govern your using our Services as a Creator or as a Follower, including the Platform that are not governed by the particular terms of use or terms and conditions (collectively, the "Particular Terms"). One2Fan promulgates terms and conditions regulated mutual relationships between a Creator and a Follower as the Particular Terms for this purpose. You may refer to Creator and Follower Mutual Contract at
https://one2fan.com/contract.
2.2. If you become a Creator or a Follower, these Terms together with the provisions of the Privacy and Cookie Policy (as all are amended from time to time) and with any other documents, which can be found on our Website constitute a legally binding contract between us or between the parties mentioned in such documents. You should read all of those terms carefully and any other documents that we have supplied or in the future will supply to you.
3. THE SERVICES, REGISTRATION AND ACCESS3.1.
THE SERVICES AND ACCESS TO THEM3.1.1. These are the entire Terms that apply to the use of any services provided in relation to the visiting our Website, registration as a User, submitting any Content, access to the Content, obtaining Membership, supporting Creators and any other features that may be added to the Platform from time to time (the
"Services").
3.1.2. Use of the Services is subject to these Terms. If you have any objections to the Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website. Your use of the Services is governed by the version of the Terms in effect on the date each Service is used by you. You are responsible for checking this page on our Website periodically in order to review the current version of the Terms.
3.1.3. You must meet certain eligibility criteria to use our Services. By accessing or using Services, you represent and warrant that: (a) you are
at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age; (b) have not previously been suspended or removed from using our or our Affiliates' Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using our Platform for any illegal activity, including for Illegal or Immoral Purposes and/or Prohibited Activity.
3.2.
THE REGISTRATION AND ACCOUNT3.2.1. In order to access and use our Services, it will be required to register for the Services as a Creator or a Follower, complete the sign-up process and create an account (the
"Account") directly through our Platform.
3.2.2. Creating your Account, you shall honestly choose the appropriate status as it is defined, and you shall be
at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age.
3.2.3. We reserve the right to decline to provide the Services to any person or entity, to suspend, change or terminate the Services, at our sole discretion with or without reasons or prior notice.
3.2.4. We reserve the right to withdraw material you provide to the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to Users to some parts of the Platform, to certain Accounts or the whole of the Platform, including registered Users.
3.2.5. You are responsible for:
• making all arrangements necessary for you to have access to the Platform.
• ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and comply with them.
• maintaining and promptly update your Account information.
• maintaining the security of your Account by protecting your password and restricting access to your Account.
• all activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
3.2.6. By accepting the Terms, you hereby represent and warrant to us that:
a) all information you have provided and will provide to us is true, complete, accurate and not misleading;
b) your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services, and not for Illegal or Immoral Purposes;
c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
d) you shall not use the Services in connection with any Prohibited Activity; and
e) you shall not use the Platform for any Illegal or Immoral Purposes.
3.2.7. We reserve to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services or the Platform, in the event that (i) when we reasonably suspect that you have breached any of the Terms, (ii) when we reasonably suspect fraudulent or illegal activities, or (iii) when the Terms have been terminated.
3.2.8. You are solely and wholly responsible for the security of your Account and the use of our Services. We urge you to keep your account password secure and to always log-off from the Services when leaving the device through which you accessed the Services unattended.
3.2.9. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Services.
3.2.10. You shall notify One2Fan about all breaches of these Terms that you become aware within the using of the Services.
3.3.
CREATOR'S ACCOUNT AND VERIFICATION OF CREATOR3.3.1. The Creator is solely an independent contractor and in no way shall a Creator be considered an employee, agent or partner of One2Fan and/or a Third-Party Provider. The Creator acknowledges and agrees that nothing in these Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between the Creator and One2Fan, its employees, agents, assigns or Third-Party Providers. The Creator understands and agrees that any Content submitted to the Platform may be checked, monitored and/or recorded by One2Fan.
3.3.2. In order to access the Platform as a Creator and to submit, upload, license and sell (as a case may be) your Content, you must first register by creating a Creator's Account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party's intellectual property (such as copyright or trademark), as well as a password. Then, you will be asked to complete your registration; in order to do so, you must fill out an online registration form that includes your full name and your date of birth. You will also be asked to provide governmental issued identification documents that will be verified using identifying organizational measures usually applicable for such verification. Once we have received your registration form duly completed, One2Fan or a Third-Party Provider may contact you to validate and/or obtain additional information. One2Fan reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
3.3.3. You agree and represent that you will not share your Account or login information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify One2Fan and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including uploads, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your Account. One2Fan is not liable for your losses caused by any unauthorized use of your Account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify One2Fan against any such claims made against it by third parties.
3.3.4. You agree and understand that your Account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, One2Fan may remove such photo. Repeat infringement may result in the termination of your account in accordance with these Terms.
3.3.5. You have the right to add the link on your profile within another social network (e.g., TikTok, Instagram, etc.) if you consider its reasonable, secured and if it not prohibited by the terms and conditions of a relevant social network. You are solely responsible for any consequences arising from the adding of such link and relationship with a relevant social network.
3.3.6. You may add the link on your One2Fan profile to another social network profile (bio) if it is not directly prohibited or limited by the terms and conditions of a relevant social network. You shall carefully check such terms and conditions and ask the permission from a relevant social network if you have any doubts, or you shall upgrade your account level within such social network (when and if applicable). You are solely responsible for any consequences arising from the adding of such link within another social network profile (bio) and relationship with a relevant social network. You acknowledge and agree that you confirm your understanding about possible obligations to make the Content within One2Fan Platform fully compliance with the terms and conditions of a relevant social network if you add a link on your One2Fan profile to another social network profile (bio). You shall be informed that your profile within another social network may be blocked or suspended due the breaches of the terms and conditions applicable to you within such another social network platform.
3.3.7. If you decide to close your Account, which you can do at any time, all of your Content will be removed, except as provided in these Terms. If you delete your Account, or if you remove Content from your Account, such Content will no longer appear on the Platform but will remain in the account of the Followers who has Membership subscription on that Content. As for the Membership granted to any Follower, such Membership will terminate once it expires and all Content related thereto will be removed (but not early).
3.4.
ACCEPTABLE USEWhen accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
3.4.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
3.4.2. Use our Services to pay for, support or otherwise engage in any Prohibited Activity;
3.4.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
3.4.4. Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
3.4.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
3.4.6. Develop any third-party applications that interact with our Services without our prior written consent;
3.4.7. Provide false, inaccurate, or misleading information;
3.4.8. Attempt to decompile the Platform; or reverse engineer any part of the Platform for any personal, non-commercial or commercial use;
3.4.9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.5.
UNAUTHORIZED ACTIVITIES3.5.1. We ask that you respect our on-line community and other Users when posting Content and using the Services.
3.5.2. When submitting Content to or otherwise using the Services, you agree not to:
– submit material that violates someone's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
– publish falsehoods or misrepresentations that could damage us, our Users or any third party;
– publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
–submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
– "stalk" or harass any person;
– behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
– post advertisements;
– impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
– solicit a User's password or other Account information;
– make screenshots of the messages with other users and publish this information by any way;
– make screenshots of other Users' Content and publish this information by any way;
– use, publish or keep any information about other users that becomes available for the reason of mistakes or other problems in the Platform; or
– gather (or attempt to gather) User' names, addresses, or email addresses for any purpose.
3.5.3. The above-mentioned list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.
3.5.4. We reserve the right to disclose any information that you or other Users submit through the Platform, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
3.5.5. Each User is entirely accountable for their interactions with other Users. We retain the right, though we are not obligated, to monitor disputes among Users. Additionally, we are not in any way responsible for the expectations, promises, or accuracy of any information provided by any User.
3.5.6. If Users send explicit content in private messages and complaints are received, we reserve the right to block those Users.
4. LICENSE4.1.
One2Fan's License to UserOne2Fan hereby grants the User a limited, non-exclusive, non-transferable license, without the right to sub-license, to access and utilize the Platform and its content solely for its own purposes in accordance with common aim for such type of Services.
Financial Products
For the avoidance of doubt, the User may not:
a. use the Services or any of the User's Content in the creation, structuring or provision of any financial instrument or investment product (each, a "Financial Product");
b. present such Services or the User's Content to any customers, potential investors or investors as part of any Financial Product; or
c. use such Services or the User's Content directly in calculations required for the creation, structuring or provision of any Financial Product.
4.2.
Creator's License to One2FanBy using the Platform, the Creator retains control and legitimate ownership rights in its Content and the Followers are granted nothing more than the right to view, license, or buy Creator's Content. The Creator agrees and understands that One2Fan may make use of the Creator's Content (alone or in combination with other works) for promotional or commercial purposes only and to render the Services pursuant to these Terms. Therefore, any Creator hereby grants One2Fan a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use the Creator's Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. The Creator hereby waives any "moral rights" or similar rights in and to the Content in favor of One2Fan and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of One2Fan and its permitted transferees and sublicensees. The Creator hereby represents that the Creator has the right to grant the license and waivers stated above.
4.3.
Follower's License to One2FanIf a Follower submits any Content to the Platform for any reason (including comments), terms of Section 4.2. are applicable to such Follower.
5. FOLLOWER'S MEMBERSHIP, PURCHASES AND PAYMENT TERMS IN FAVOUR OF CREATOR5.1 Any person might become the User of the Platform at no cost.
5.2. FOLLOWER'S MEMBERSHIP:5.2.1. As a Follower, you will have the ability to support your favorite Creators and obtain the Membership subscription.
5.2.2. Fees for the Membership subscription may be changed from time to time.
5.2.3. The actual method for charging fees for the Membership subscription is memorialized in various notices and notifications you will receive while using the Platform. Notices and notifications issued by the Company and/or a Third-Party Provider regarding various types of charges are part of this Agreement and/or the agreement with such a Third-Party Provider, accordingly. If you continue to use the Platform after receiving such notices or notifications regarding charges, you are deemed to have unconditionally agreed to pay fees to the Company and/or a Third-Party Provider under the relevant notices or notifications.
5.2.4. THE FOLLOWER CONFIRMS AND AGREES THAT BY clicking 'Proceed to Payment' you accept the present Terms of Service and the terms of the
Recurring Billing Policy (
https://one2fan.com/recurring-policy) and agree that you are engaging in a monthly Membership (starting day of first time subscribing). Your payment card will be automatically billed "amount + currency" every (rebilling period) day/week/month from the date of your subscription. All other conditions of the recurring payments shall be regulated by the Recurring Billing Policy available at the Platform.
5.3.
FOLLOWER'S ONE-TIME PURCHASES:5.3.1. The Follower may purchase prepaid in-platform credits to use on the Platform in order to support the Creators.
5.3.2. The Follower authorizes and agrees to each of these payments made for the purpose of such ad hoc purchases of credits being debited using the details of the payment card that you supply.
5.4.
PAYMENT TERMS IN FAVOUR OF CREATOR:5.4.1. Any payments in relation to the Creator are not regulated by these Terms and shall be treated with the Particular Terms promulgated by a Third-Party Provider responsible for such payouts. At the effective date of the present edition of these Terms, there are the following Third-Party Providers for this purpose:
https://www.unlimit.comhttps://exactly.com,https://stripe.com.5.4.2. The Creator agrees to be solely responsible for all tax returns and payments required to be filed with the relevant tax authority in respect of any payment under this Agreement. Further, the Creator agrees to indemnify and hold the Company harmless against all taxes, costs, penalties, interests, or proceedings arising out of or in connection with such taxes.
5.4.3. For the Creators from the European Union One2Fan or a Third-Party Provider may be obliged to calculate and directly pay applicable to such Creators taxes. In this case final amount receiving by the Creator will be decreased on a relevant amount.
6. REFUND POLICY6.1. The Follower is duly informed that the Follower is solely responsible for the settings of the Follower's profile and devices which may requite to change the settings for the purpose to stop the Membership subscription, i.e., by turn off the "Auto-Renew' feature or otherwise as defined in the Recurring Billing Policy.
6.2. If you consider that you have the right to a refund, please contact One2Fan User Support.
The notice should be sent to:
support@one2fan.com or via
one2fan.com/contact-us form or via Online Support in your account one2fan.com/@help.
The refund will take approximately 14 working days from the date of our first reply. Please write to us from the email address which you are assigned with the Account or your refund may be delayed.
6.3. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a Membership offering (or a one-time credit purchase) is made prior to midnight of the third business day following the date of purchase, or if the laws applicable in your jurisdiction provide for refunds.
For residing in the EU or the European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the Membership subscription begins (or a one-time purchase of credits is made). Please note that this 14-day period commences when the subscription starts.
One2Fan reserves the right to definitively refuse a refund request made past the acceptable period as indicated in this Section 6.
6.4. Recurring payments for the subsequent months of Membership after the first are considered to be parts of a single subscription and are nonrefundable in all cases.
6.5. One2Fan is not responsible for any decision in relation to your application on refund made by a Third-Party Provider (if any).
6.6. 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.
7. ELECTRONIC NOTICES7.1. By using our Services, you agree and consent to receive electronically all types of communications, including marketing and non-marketing, such as agreements, documents, receipts, notices, and disclosures (collectively, "Communications") related to your Account and/or use of the Services. One2Fan may deliver these Communications by posting them on the Services, sending them to your provided email address, and/or delivering them via SMS or text message to your provided mobile phone number (if applicable). Standard messaging, data, and other rates and fees imposed by your carrier may apply to mobile Communications. It is crucial to regularly check your emails, as electronic communication is the primary means of interaction with our Users. To ensure access to Communications, you may want to print a paper copy or save an electronic version. Additional electronic or paper copies of Communications can be requested through our support email at
support@one2fan.com, subject to applicable fees.
7.2. Users acknowledge and agree that the Platform may employ messaging features to communicate with a limited or unlimited number of Users, and such Communication may take place also on behalf of Creators. By using the Platform, Users expressly consent to the possibility that messages received from Creators or the Platform itself may be generated using mass messaging functionality (sending messages to multiple individuals) or scheduled messages.
7.3. You have the right to withdraw your consent to receive electronic Communications. To do so, send a withdrawal notice to the support email at
support@one2fan.com. Additionally, you can use the corresponding feature within your User's Account
http://one2fan.com/me/edit or click on the unsubscribe link provided in any of our emails to you. It is important to note that if you decline or withdraw your consent for electronic Communications, One2Fan reserves the right to suspend or terminate your use of the Services, which may include limiting access to specific features or Services.
8. DISCLAIMER OF WARRANTIES8.1. OUR SERVICES ARE PROVIDED ON A STRICTLY "AS IS", "WHERE IS" AND "WHERE AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
8.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
8.4. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
8.5. You understand and agree that we are not obliged to keep all or part of the User's Content and provide with uninterrupted access to such Content.
8.6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
8.7. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8.8. TO THE FULLEST EXTENT PROVIDED BY LAW, ONE2FAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
8.9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY9.1. You acknowledge and agree that there are risks associated with the Services provided through the Platform as follows:
– personal safety when showing you to public and further meeting someone in person (whenever and wherever);
– stalking and harassment;
– fraud, when people appeal to your better nature to help them out of an "unfortunate situation" by sending money;
– people masquerading as somebody who they are not;
– spam, selling or fraud;
– potential theft of your money if you do not use a secure link when making payments.
The list of risks is not limited by abovementioned and you shall be attentive and care despite the possible sense that you are not the person who might be a subject of mislead or fraud.
The Company is waived any responsibility or liability for Users' interaction with fake or false Users of the Services.
BY USING THE PLATFORMAND SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ONE2FAN AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ONE2FAN RECORDS, PROGRAMS OR SERVICES.
9.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. CONTENT AND COPYRIGHT10.1. When the Creator is using our Services, the Creator is obliged no post or upload any Content which:
a) contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
b) is obscene, pornographic or otherwise may offend human dignity;
c) is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
d) encourages any Prohibited Activity;
e) is defamatory;
f) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
g) involves the transmission of "junk" mail or "spam";
h) impersonates a person, company or brand with the intent to deceive or confuse others;
i) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from One2Fan or otherwise;
j) itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
k) shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
l) contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on or upload via our Services because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using the One2Fan's Platform and we may disable your Account or block you from further use of the One2Fan's Platform. We may remove any Content you submit to the One2Fan's Platform if we believe it violates the Terms or we are required to do so by applicable law.
10.2. The Follower's Content (if any) shall be also corresponded with the requirement mentioned in Section 10.1 and any additional requirements defined in the Content Agreement at
https://one2fan.com/content-agreement.10.3. We do not allow any Content that infringes intellectual property. The use of the Content belonging to others without proper authorization or legally valid reason may lead to a violation of our policies.
10.4. Not all unauthorized uses of the Content belonging to others constitute an infringement. In many countries, exceptions to intellectual property infringement allow the use of the Content belonging to others under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
10.5. Any User's Content that infringes any other person's intellectual property may be removed. The Account may be suspended or terminated for multiple intellectual property violations in connection with the use of the Platform, or other violations of the Terms. We reserve the right to refuse any Account holder whose Account was used for improper activities from opening a new Account with the Platform.
10.6. Please refer to our Intellectual Property Infringement Policy at
https://one2fan.com/ip-infringement-policy for details.