Terms Of Use For Content Providers

7 July 2022 Frequently Asked Questions, Terms and Conditions

By Using Our Website As A Content Provider You Agree To These Terms – Please Read Them Carefully

Introduction: These Terms of Use for Content Providers are additional terms which apply if you use a1fans.vip as a Content Provider (also referred to as “you” and “your” in these Terms of Use for Content Providers). These Terms of Use for Content Providers form part of your agreement with us.
Interpretation: In these Terms of Use for Content Providers, defined terms have the same meanings given to them in the Terms and Conditions for all Users.

Other terms which will apply to your use of a1fans.vip: The following terms will also apply to your use of a1fans.vip and you agree to them:

Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can’t do on a1fans.vip;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of a1fans.vip, and how we will deal with that complaint;
The Standard Contract between Fan and Content Provider– which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Content Provider Transaction you enter into on a1fans.vip; and
Our Community Guidelines – which provide additional terms and guidance regarding your interactions with a1fans.vip.

Other terms which may apply to your use of a1fans.vip: The following additional terms may apply to your use of a1fans.vip:

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 a1fans.vip as a Fan;

What are the fees that we charge Content Providers for the use of a1fans.vip? We charge a fee to you of 10 per cent (10%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee. The remaining eighty per cent (90%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is payable to you (called “Content Provider Earnings“). Our Fee includes the costs of providing, maintaining and operating a1fans.vip 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 Content Provider account: To set up your account as a Content Provider 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 Secure Digital Wallet
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 Content Provider account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans
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 Content Providers: Only individuals can be Content Providers. Every Content Provider is bound personally by the Terms and Conditions. If you have an agent, agency, management company or other third party which assists you with the operation of your Content Provider 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 and Conditions.

Fan/Content Provider Transactions: This section describes the terms which apply to Fan/Content Provider Transactions:

All Fan/Content Provider Transactions are contracts between Fans and Content Providers on the terms of the Standard Contract between Fan and Content Provider. Although we facilitate Fan/Content Provider Transactions by providing the a1fans.vip platform and storing Content, we are not a party to the Standard Contract between Fan and Content Provider or any other contract which may exist between a Fan and Content Provider, and are not responsible for any Fan/Content Provider 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 a1fans.vip, either in the ‘Statements’ page of your User account or by email (or both), that the Fan/Content Provider Transaction has been confirmed, you must perform your part of such Fan/Content Provider Transaction (for example, by allowing the Fan to view the Content on your Content Provider 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 and Conditions (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Content Provider on a1fans.vip:

Your Content is not confidential, and you authorize your Fans to access and view your Content on a1fans.vip 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 a1fans.vip:
- the Content complies in full with the Terms and Conditions (and in particular our Acceptable Use Policy);
- you hold all rights necessary to license and deal in your Content on a1fans.vip, 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 a1fans.vip; and
- the Content is:
  - 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 above 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 a1fans.vip. 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 a1fans.vip.

Advertising on a1fans.vip:

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 above you hold all rights necessary to license and deal in your Content of these Terms of Use for Content Providers.
Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
- does not:
  - prejudice respect for human dignity;
  - include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  - encourage behaviour prejudicial to health or safety;
  - encourage behaviour grossly prejudicial to the protection of the environment;
  - cause physical, mental or moral detriment to any person;
  - directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  - directly encourage persons to persuade others to purchase or rent goods or services;
  - exploit the trust of persons in others; or
  - unreasonably show persons in dangerous situations;
- does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
- does not advertise, promote, or facilitate illegal gambling, and
- in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
Transparency requirement – Advertising Content: You must declare that any Advertising Content which you post or upload to a1fans.vip 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 Content Provider 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 Content Provider on a1fans.vip; 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 a1fans.vip.
In addition to the confirmations in sections above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Content Provider account on a1fans.vip, you will tag the a1fans.vip 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 a1fans.vip.
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 Content Provider 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 Content Provider 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 Content Provider, terminate your account, and/or withhold all or any portion of Content Provider 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 Content Provider(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

Payouts to Content Providers:

All Fan Payments will be received by a third-party payment provider approved by us.
Our Fee will be deducted from the Fan Payment received and your Creator Earnings
Your a1fans.vip account will be updated within a reasonable time with your Content Provider Earnings. Your Content Provider Earnings will become available for withdrawal by you from your a1fans.vip account once such Content Provider Earnings appear in your a1fans.vip account.
To make a withdrawal of Content Provider Earnings from your a1fans.vip account, you must have at least the minimum payout amount in your a1fans.vip account.
Except for Payout Options involving payment, we do not store any data disclosed by you when you register.

Circumstances in which we may withhold Content Provider Earnings:

We may withhold all or any part of the Content Provider 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 and Conditions;
- if you attempt or threaten to breach any part of the Terms and Conditions 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 Content Provider Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Content Provider 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 and Conditions; (ii) you have attempted or threatened to breach any part of the Terms and Conditions 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 Content Provider Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Content Provider Earnings.

We may also withhold all or any part of the Content Provider 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 Content Provider Earnings. We undertake no duty to pay Content Provider Earnings to third-party lienholders and may withhold payment of Content Provider Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Content Provider Earnings where we have a right to do so under these Terms of Use for Content Providers.
If we are withholding all or any part of the Content Provider Earnings due to you and we determine that part of the Content Provider Earnings withheld by us is unrelated to breaches by you of the Terms and Conditions or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Content Provider Earnings which we determine to be unrelated to breaches by you of the Terms and Conditions or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms and Conditions has or may cause us loss, we may withhold all Content Provider 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 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. Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited 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. Earnings are returned to the relevant Fans who paid such Fan Payments.

Promoting Tax compliance and VAT:

General:
- We recommend that all Content Providers seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
- By using a1fans.vip as a Content Provider, 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 a1fans.vip to the relevant Tax authority in your jurisdiction, as required by law.
- By using a1fans.vip as a Content Provider 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 a1fans.vip 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 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
  - promptly provide us by email with:
    - 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 (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on a1fans.vip or by support in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Content Providers.
- We reserve the right to close your a1fans.vip account if we are notified of or become aware of any Tax non-compliance by you.
UK VAT and UK established Content Providers:
- For the purposes of UK VAT only, Content Providers provide their services to to Fans directly.

Categories