Terms of Service
TERMS OF SERVICE FOR ALL USERS
BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS - PLEASE READ CAREFULLY
Introduction: These Terms of Service for All Users govern your use of Xfans24.com and your agreement with us.
Interpretation: In the Terms of Service:
we refer to our website as “ Xfans24.com ”, including when accessed via the URL https://xfans24.com;
“ Content ” means any material uploaded to xfans24.com by a user (be it a creator or a fan), including photos, videos, audio (such as music and other sounds), live stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material;
“ Creator ” means a user who has set up their xfans24.com account as a Creator Account to post content on xfans24.com for other users to view;
“ Fan ” means a user who follows a Creator and can view the Creator’s content;
“ Fan/Creator Transaction ” means any transaction between a Fan and a Creator on xfans24.com that provides access to the Creator’s content, including in any of the following ways: a subscription, 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 use of the Fan Interaction feature on a Creator’s account by the Fan;
“ Fan Payment ” means any payments made by a Fan to a Creator in connection with a Fan/Creator Transaction or as a tip to a Creator;
“ Referring User ” means a user who participates in the xfans24.com Referral Program;
“ Standard Fan-Creator Agreement ” means the terms that apply to any transaction between a fan and a creator and 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 package that includes a subscription for more than one month);
How we may change the Terms of Service: We may change parts of the Terms of Service without prior notice to you in the following circumstances:
to reflect changes in laws and regulatory requirements that apply to xfans24.com and xfans24.com’s services, features and programs, where those changes require xfans24.com to change its terms and conditions in a way that does not permit us to provide you with reasonable notice; and
to address an unforeseen and imminent threat related to protecting xfans24.com, fans or creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to parts of the Terms of Service and will notify you of such changes in a timely manner by email or through xfans24.com. You may contact us to terminate your agreement with us before the changes take effect. Once updated Terms of Service take effect, you will be bound by them if you continue to use xfans24.com.
We may make changes to, or suspend or withdraw, xfans24.com: We may update and change xfans24.com from time to time for any reason, including to reflect changes in our services, user requirements and business practices, or to improve performance, add functionality or address security issues. We will try to provide you with reasonable notice of material changes. We do not guarantee that xfans24.com or any content contained therein will always be available or accessible without interruption. We may suspend, withdraw or limit the availability of all or part of xfans24.com for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with xfans24com : To use xfans24.com, you must first register and create a user account with xfans24.com. You must provide a valid email address, username and password, or authenticate with a valid Google account. Your password should be unique (i.e., it must be different from passwords you use for other websites) and meet the xfans24.com site's technical requirements for composing passwords. To register as a user:
You must be at least 18 years old and confirm this;
if the laws of the country or state/province in which you reside require that you are over the age of 18 to be legally bound by a contract with us, then you must be old enough under the laws of the country or state/province in which you reside to be legally bound by a contract with us; and
you must be legally permitted to join xfans24.com, view all content available on it, and use all features provided on it under the laws of the country or state/province in which you reside.
You must provide us with any other information or verification that we request.
If you do not meet the above requirements, you must not access or use xfans24.com.
How do I get age verification?
Getting started is very easy! Simply go to the xfans24.com registration page and create an account with a username that is fun, unique, easy to remember, and best describes you. Keep in mind that for privacy reasons, you may want to use a different username than the one you use for your personal accounts.
Also check if it is not already in use.
The more original and easier to remember, the better!
The next step is to upload an ID to confirm that you are at least 18 years old. Submit a clear photo/scan of a valid ID card (ID) of yourself issued by your country’s authority.
Your ID must contain your date of birth, a recognizable photo of you, your ID number and your legal name.
No expired ID cards
No permits/temporary IDs
No handwritten or drawn ID cards
No Photoshop or photo/image manipulations
No birth certificates
Yes, government issued plastic ID cards
Yes, driver's license IDs
Yes, passports
Additionally, you must upload a photo of yourself holding your ID and a sign with your username and current date. You should not hold your ID in front of your face.
Your obligations to us: When you register with and use xfans24.com, you make the following obligations to us:
If you previously had an account with xfans24.com, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will ensure that all information you provide to us is truthful, accurate and complete.
You will promptly update any information you have provided to us if it changes.
You agree to receive communications from us electronically, including via email and messages sent through your xfans24.com account, and that your personal data will be processed as more fully described in our Privacy Policy.
You will keep your account/login information, including your user credentials, passwords and any other information that is part of our security procedures, confidential and secure and will not disclose it to any third party. You will contact support@xfans24.com immediately if you believe that 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 off from your account at the end of each session, and to exercise particular caution when accessing your account from a public or shared computer so that others cannot access, view, or record your password or other personal information.
You are responsible for all activity that occurs on your account, including if someone else uses your account in violation of the Terms of Service.
You will fully comply with these Terms of Service for All Users, our Acceptable Use Policy, and any other parts of the Terms of Service that apply to your use of xfans24.com.
Rights We Have, Including Suspending or Terminating Your Account:
We may, but are not obligated to, moderate or review your content to ensure compliance with the Terms of Service (including, without limitation, our Acceptable Use Policy) and/or applicable laws.
It is our policy to block access to any content you post on xfans24.com if it becomes clear to us that it may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or applicable laws while we investigate the alleged non-compliance or illegality of that content. If we block access to your content, you may request a review of our decision to block access to the content in question by contacting us at support@xfans24.com. Following our investigation into the alleged non-compliance or illegality of the content in question, we may take any action we deem appropriate, including restoring access to the content or permanently removing or blocking access to the content in question, without the need to obtain your consent and without prior notice to you. You agree to promptly provide us with all reasonable assistance (including providing us with copies of any information we request) in our investigation, at your own expense. We will not be liable for any loss you may suffer as a result of blocking access to your Content or any other steps we take in good faith to investigate any suspected non-compliance or illegality of your Content under this section.
If we block access to or delete your Content, we will notify you by email or electronic message to your xfans24.com account. However, we are under no obligation to provide you with advance notice of such removal or blocking.
We reserve the right, at our sole discretion, to terminate your agreement with us and your access to xfans24.com for any reason by providing you with 30 days' advance notice by email or electronic message to your xfans24.com account. We may also suspend access to your user account or terminate your agreement with us and your access to xfans24 immediately and without prior notice:
if we believe that you have seriously or repeatedly breached or may have breached any part of the Terms of Service (in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way that has or may 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 harm to us or otherwise damages Xfans24's reputation.
If we suspend access to your User Account or terminate your agreement with us and your access to Xfans24, we will notify you. During any period when access to your User Account is suspended, any Fan Payments that would otherwise have become due during the suspension period will be suspended, and we may withhold all or a portion of any Creator Earnings to which you are entitled but not yet paid under the Creator Terms of Service.
After termination of your Account, we may deal with your Content in an appropriate manner (including deletion) in accordance with our Privacy Policy, and you will no longer have access to your Content. There is no technical way to access your Content on Xfans24 after termination of your Account.
We may investigate any suspected or alleged misuse, abusive or unlawful use of Xfans24 and cooperate with law enforcement authorities in such investigations.
We may disclose any information or records in our possession or control relating to your use of Xfans24 to law enforcement authorities in connection with any police investigation of suspected or alleged illegal activities, to protect our rights or legal interests, or in response to legal proceedings.
We may change the third-party payment providers used to process payments on Xfans24. If we do so, we will notify you and store the relevant details in your Xfans24 account.
Except for the Content (which is owned by or licensed to the creators), all rights in Xfans24 and all of its content, features, databases, source code and functionality are owned by us and/or our licensors. Such material is copyrighted and may be protected by trademark, trade secret and other intellectual property laws.
We are the sole and exclusive owners of all anonymized data related to your use of Xfans24 and we may use such anonymized data for any purpose, including commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing xfans24 to you, but there are certain things we are not responsible for:
We do not authorize or approve any content on xfans24, and the views expressed by creators or fans on xfans24 do not necessarily reflect our views.
We do not grant you any rights in any content. Such rights can only be granted to you by the creators.
Your Content may be viewed by persons who recognize your identity. We will not be responsible to you if you are identified from your Content. Although we may offer certain geofencing or geolocation technologies on xfans24 from time to time and in our sole discretion, you understand and agree that we do not guarantee the accuracy or effectiveness of these technologies and that you will have no claim against us arising from your use of or reliance on geofencing or geolocation technologies on xfans24.
All Content is created, selected and provided by users, not us. We are not responsible for screening or moderating Content, and we do not select or alter the Content stored or transmitted through xfans24. We have no obligation to monitor Content or to determine violations of the Terms of Use (including the Acceptable Use Policy).
You agree that you are under no obligation to follow any suggestions, comments, reviews or instructions provided to you by another user of xfans24 and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees that creators or referring users will earn any amount of money (or any money at all) through their use of xfans24 (including the xfans24 referral program).
The materials we make available to users on xfans24 are for general information purposes only. We make no promises or guarantees regarding the accuracy or any other aspect of these materials or that users will achieve any particular result or outcome from using these materials.
We do not promise that xfans24 is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access xfans24. You should use your own anti-virus software.
We are not responsible for the availability of the Internet or for any failure of your connections, device or other equipment or software that may occur in connection with your use of xfans24.
Although we try to ensure that xfans24 is secure and free from errors and viruses, we cannot promise this and have no control over the content provided by the creators.
We are not responsible for lost, stolen or compromised user accounts, passwords, email accounts or any resulting unauthorized activity or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on xfans24, we cannot control, and are not responsible to you for, the use of that Content by other users or third parties. You may delete your account at any time, but acknowledge that deletion of your account will not automatically prevent the distribution of your Content that may have been posted by other users in violation of the Terms of Use or by third parties recorded prior to deletion of your account.
Intellectual Property Rights - Ownership and Licenses:
You represent that you own all intellectual property rights (examples include copyrights and trademarks) in your Content, or that you have acquired all necessary rights in your Content required to grant licenses to us and other users with respect to your Content. This includes all rights necessary to perform the acts described in subsection below in any territory in which xfans24 is accessible, and in particular in the United States of America, the United Kingdom and the European Union.
You agree to grant us a license for all of your Content to do all acts restricted by any intellectual property rights (including copyright) in that Content for all purposes reasonably related to providing and operating xfans24. Such acts include copying, making available and publicly displaying, displaying, performing, distributing, translating, creating adaptations or derivative works of your Content, and otherwise dealing with your Content.
The license you grant to us under the subsection above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us. This means that even if your agreement with us ends and you stop using xfans24, the license will continue, we will not have to pay you for the license, and we may sublicense your Content to someone else or assign or transfer the license to someone else. For example, this license allows us to add stickers, text, and watermarks to your content, make your content available to other xfans24 users, and use your content for other normal xfans24 operations. We will never sell your content to other platforms, but we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our business or its assets to a third party.
Although we do not own your Content, you grant us the limited right to send notices of infringement on your behalf (including claims of copyright or trademark infringement) to any third-party website or service that hosts or otherwise deals with infringing copies of your Content without your consent. Although we are not obligated to do so, we may send or withdraw such notices to any third-party website or service at any time if we believe it appropriate. However, we do not, and are not obligated to, monitor infringements of your Content. You agree to provide us, upon request, with all consents and other information reasonably necessary for us to submit notices of infringement on your behalf. For information on how to submit a complaint of infringement of intellectual property rights, please see our Complaints Policy .
You waive any moral rights you may have under applicable law to object to the derogatory treatment of any Content you have posted on xfans24. This waiver does not affect in any way your ownership of intellectual property rights in your Content or the rights 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 you grant to us in the section above), to add watermarks, stickers or text to your Content.
Linking to and from XFans24:
Linking to XFans24:
You may link to the XFans24 home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, 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 on which you link to or otherwise promote your Creator Account. When promoting your Creator Account, you must not impersonate XFans24 or create the impression that your Creator Account is being promoted by us when it is not. You must not promote your XFans24 Account using Google Ads or any similar advertising platform or search engine advertising service.
Links from XFans24: Where XFans24 contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Such links should not be construed as an endorsement by us of those linked websites or any information you obtain from them. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those websites or resources. If you decide to access any of the third party websites linked to XFans24, you do so at your own risk and subject to the terms of use for those websites.
Domain Names: In some cases, XFans24 may allow creators to register or use domain names that contain the XFans24 trademark or a confusingly similar term. However, you will not register such a domain name unless:
The domain name is registered by the creator
The domain name redirects to the creator's XFans24 profile. Domain names containing the XFans24 trademark or any confusingly similar term may not link to other websites, including link aggregators.
The creator will obtain prior written permission from XFans24 and sign a license agreement.
If you wish to register a domain name containing the XFans24 trademark or any confusingly similar term, please contact support@xfans24.com . Failure to comply with these terms or the License Agreement will be considered a breach of the License Agreement and may result in XFans24 initiating a domain dispute against the registrant.
How do I delete my account? If you wish to delete your XFans24 account, you can do so in the "User Account" section of your XFans24 account.
If you are a fan, deletion of your account will occur within a reasonable time after your request.
If you are a creator, after you initiate the delete account process, your account will remain active until the last day of your fans' paid subscription period, at which point you will receive your final payment and your account will be deleted.
If you are both a fan and a creator, your account will be deleted in two steps (fan first, then creator).
Once your account is deleted, you will not be charged any further amounts and you will no longer have access to your previous XFans24 account or its content. All subscriptions will be deleted and cannot be renewed. You will receive an email confirmation after your account has been successfully deleted. Once your account is deleted, we may deal with your content in a reasonable manner (including deletion) in accordance with our Privacy Policy and you will no longer have access to your content. There is no technical way on XFans24 to access your content after your account has been terminated.
Who is liable for any loss or damage you suffer?
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and fraud or fraudulent misrepresentation.
If you are a consumer user: If you are a consumer user, you agree that:
Neither we nor our, employees, owners, agents and assigns will be liable to you for any loss of profits, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising out of, or in connection with, your use of Xfans24.
If you are a consumer and reside in the United States of America, our total liability to you for claims arising out of or related to your contract with us is limited to $250 per claim.
If you are a business user: If you are a business user, you agree that:
We and our, employees, owners, agents and assigns:
exclude (to the extent permitted by law) all implied conditions, warranties, representations or other terms that may apply to Xfans24 or any of its content. This means that unless the Terms of Service expressly contain a promise or undertaking on our part, one cannot be implied by law; will
not be liable to you for any loss or damage you suffer that is not the foreseeable result of our breach of the Terms of Service or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if both we and you knew at the time you agreed to the Terms of Service that it might happen;
will not 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:
your inability to use xfans24 or its services, features or programs; or
your use of or reliance on any content stored on xfans24 (including Content);
will not be liable to you for:
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
any indirect or consequential loss or damage;
will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, 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 xfans24 or its services, features or programs or due to your downloading of any material posted on it, or on any website linked to it;
will not be liable to you if your content is copied, distributed or republished elsewhere or if the copyright of such content is infringed by another user or third party;
will not be liable to you for the disclosure of your identity or the disclosure or publication of your personal information by any other user or third party without your consent (also known as "doxing");
will not be liable to you for any failure or delay on our part in complying with any part of the Terms of Service that is due to events beyond our reasonable control. If there is any failure or delay on our part in complying with any part of the Terms of Service due to an event outside our reasonable control, 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 in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the amounts
General: You agree that:
If any aspect of your agreement with us is unenforceable, the remainder will remain unaffected.
Our failure to enforce any aspect of your agreement with us will not constitute a waiver.
We reserve all rights not expressly granted to you.
No implied license or other right is granted to you with respect to any part of xfans24, except as expressly set forth in the Terms of Service.
Your agreement with us does not confer any rights on any third party, except for the disclaimers and limitations of liability (Who is responsible for loss or damage you suffer?) and the terms in section (Terms Related to Disputes), which may be enforced by our employees, owners, agents and representatives.
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 may be assigned or transferred by us to a third party. This may happen, for example, if our ownership changes (such as in a merger, acquisition or sale of assets) or as required by law. In addition, we may delegate the performance of our obligations under your agreement with us to third parties, but we remain responsible to you for the performance of those obligations.
The Terms of Service constitute the entire agreement between you and us regarding your access to and use of xfans24, and supersede any prior oral or written understandings or agreements between you and us.
Terms relating to Disputes - the law that applies to your agreement with us and where disputes and claims relating to your use of Xfans24 (including those arising out of or related to your agreement with us) can be brought:
For Consumers (Fans):
Consumer - Law :
If you are a consumer, your agreement with us is governed by German law and German law applies to all claims arising out of or related to your agreement with us or your use of Xfans24, and any claims we have against you arising out of or related to your agreement with us or your use of Xfans24 (including non-contractual disputes or claims in both cases). You can also rely on mandatory legal provisions of the country in which you live.
Consumers - Where to make claims:
If you are a consumer resident in the United Kingdom or the European Union, any claims you or we have arising out of or in connection with your agreement with us or your use of Xfans24 (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Austria the courts of the country in which you live.
If you are a consumer resident outside the United Kingdom or the European Union, any claims you or we have arising out of or in connection with your agreement with us or your use of Xfans24 (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Austria.
If you are a consumer resident in Austria and you are bringing claims solely against Xfans24, a , you may, in an appropriate case, bring your consumer claim in a court of competent jurisdiction in Vienna, Wr.Neustadt.
Last Updated: December 2022
FANS TERMS OF USE
BY USING OUR SITE AS A FAN, YOU AGREE TO THESE TERMS – PLEASE READ CAREFULLY
Introduction: These Fans Terms of Use are additional terms that apply when you use Xfans24 as a fan (also referred to as “ you ” and “ your ” in these Fans Terms of Use). These Fans Terms of Use are part of your agreement with us.
Interpretation: In these Fans Terms of Use, defined terms have the same meanings as in the Terms of Use for All Users. In addition:
“ VAT ” means Austrian value-added tax and any other taxes imposed in addition to, or in lieu of, them, at the applicable rate from time to time, and all equivalent or similar indirect taxes, fees, duties, levies or charges at any governmental, state, federal, provincial or municipal level in other jurisdictions; and
“ Taxes ” includes all forms of taxes and statutory, state, federal, provincial, local or municipal fees, duties, levies, contributions, withholdings or liabilities, whether levied and whether taxed in Austria or any other jurisdiction.
Other Terms That Apply to Your Use of Xfans24: The following terms also apply to your use of Xfans24, and you accept them:
Our Terms of Use for All Users ;
Our Privacy Policy – which informs you how we use your personal information and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and cannot do on xfans24;
Our Complaints Policy – which sets out the process for making a complaint about any aspect of xfans24 and our approach to dealing with that complaint;
The Standard Fan-Creator Contract – which does not form part of your agreement with us, but governs and sets out the applicable terms of any fan/creator transaction you enter into on xfans24; and
Our Community Guidelines – which contain additional terms and guidance for your interactions with xfans24.
Other terms that may apply to your use of xfans24: The following additional terms may apply to your use of xfans24:
If you are also a Creator, the Creator Terms of Service will apply to your use of xfans24 as a Creator.
If you are a Creator based or resident in the European Union or the United Kingdom, the terms of the Platform-to-Business Regulation will also apply to you.
If you participate in the xfans24 Referral Program, the Referral Program Terms will apply to your use of the xfans24 Referral Program.
Your Obligations to Us: You warrant (i.e., you make a legally enforceable promise) that:
You are at least 18 years old;
if the laws of the country or state/province in which you reside provide that you cannot be legally bound to a contract until you are over 18, then you are old enough to be legally bound to a contract under the laws of the country or state/province in which you reside;
You will provide us with any other information or supporting documentation that we request.
You are eligible under the laws of the country or state/province in which you reside to join xfans24 and to view all content and use all features available there; and
you are able and willing to make a payment (if required) to view the content available on xfans24 that you wish to view and to use any features provided by xfans24 that you wish to use.
Content - General Terms: In addition to the terms set out elsewhere in the Terms of Service (in particular, our Acceptable Use Policy), the following terms apply to the content posted, displayed, uploaded or published by you as a fan on xfans24:
You warrant (meaning you make a legally enforceable promise to us) that for any Content you post, display, upload or publish on xfans24:
The Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
You either own your Content (and all intellectual property rights therein) or have a valid license to your Content; and
If your Content contains or uses third party material, you have secured all rights, licenses, written consents and releases necessary for the use of such third party property in your Content and for the subsequent use and exploitation of that Content on xfans24.
You agree that if any of the warranties in Section 6(a) are untrue, you will be liable to us and will indemnify us. This means that 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 xfans24. We have no obligation to monitor content and have no direct control over what your content may contain.
Adult Material: You acknowledge that you are aware that some of the content on xfans24 contains adult material and you agree to take this into account when deciding where to access and view content. We will not be liable to you if you suffer any loss or damage as a result of accessing or viewing content containing adult material in breach of any contract you have with a third party (such as your employment contract) or any applicable law.
Subscriptions and Purchases by Fans: This section describes the terms that apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Fan-Creator Agreement. Although we facilitate fan/creator transactions by providing the xfans24 platform and storing content, we are not a party to the standard fan-creator contract or any other contract that may exist between a fan and a creator and are not responsible for fan/creator transactions.
Creators are solely responsible for setting (within the parameters for pricing on xfans24) the prices that apply to fan/creator transactions and the content you may be given access to. All prices are quoted in EUR only.
Fan Payments are subject to VAT, which will be added at the then current Fan Payment rate.
To complete a Fan/Creator transaction with a specific Creator, you must first add a payment card to your account and then click the "Subscribe" button on that Creator's profile.
You authorize us and our affiliates to share your payment card details with a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be billed in EUR. Your payment card provider may charge you currency conversion fees. We have no control over exchange rates or fees charged by your payment card provider or bank, and we and our affiliates are not responsible for payment of any fees or charges charged by your payment card provider or bank.
If you provide the details of two or more payment cards and attempt to make a Fan Payment with the first card and the card is declined for any reason, the other payment card will be used to collect the full Fan Payment.
The Payment Provider will make recurring payments from your payment card for Fan Payments that are subscriptions and immediate payments from your payment card for Fan Payments that are not subscriptions (including any tips you pay to a Creator). You authorize and agree that each such payment will be charged to the payment card details you provide.
Except for free trial subscriptions, all subscriptions to a Creator's profile will automatically renew at the end of the applicable subscription period unless your payment card is declined, the subscription price for the subscription has increased, or you have turned off the "Auto-Renew" switch in the applicable Creator's profile. This means that if you wish to stop subscribing to a Creator's profile and no longer wish to pay the ongoing monthly subscription fees, you must turn off the "Auto-Renew" switch in the applicable Creator's profile.
If you cancel a subscription, you will be able to continue viewing that creator's content until the end of the subscription period during which you canceled. After that, no further payments will be charged to your payment card for subscriptions to that creator's profile (unless you choose to re-subscribe to that creator's profile) and you will no longer be able to view that creator's content.
You agree that you will not make any unjustified refund requests with respect to Fan/Creator Transactions or Tips to a Creator, or make any unjustified chargeback requests from your payment card provider with respect to Fan/Creator Transactions or Tips to a Creator. If we believe that you have made a refund request or chargeback request in bad faith, we have the right to suspend or terminate your user account.
Wallet Credits: You can prepay an amount on XFANS24 (known as "Wallet Credits") that you can later use for Fan Payments. Purchases on xfans25 cannot be split - if you make 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 set by us from time to time. No interest is charged on Wallet Credits. Wallet Credits are non-refundable, which means you will not be 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, all Fan Payments that would otherwise have become due during the period your User Account is suspended will be suspended for the duration of your User Account suspension.
Last Updated: April 2021
CREATOR TERMS OF USE BY
USING OUR SITE AS A CREATOR, YOU AGREE TO THESE TERMS - PLEASE READ CAREFULLY
Introduction: These Creator Terms of Use are additional terms that apply when you use xfans24 as a creator (also referred to as "you" and "your" in these Creator Terms of Use). These Creator Terms of Use are part of your agreement with us.
Interpretation: In these Creator Terms of Use, defined terms have the same meanings as in the All User Terms of Use. In addition:
"VAT" means Austrian value-added tax and any other taxes imposed in addition to, or in lieu thereof, at the applicable rates from time to time, and all equivalent or similar indirect taxes, fees, duties, levies or charges at the governmental, state, federal, provincial or municipal level in other jurisdictions; and
"Taxes" includes all forms of taxes and statutory, state, federal, provincial, local or municipal fees, duties, levies, contributions, withholdings or liabilities, whether imposed and whether taxes are in Austria or any other jurisdiction.
Other terms that apply to your use of xfans24: The following terms also apply to your use of xfans24, and you accept them:
Our Terms of Service for All Users ;
Our Privacy Policy – which informs 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 cannot do on xfans24;
Our Complaints Policy – which sets out the process for making a complaint about any aspect of xfans24, and our approach to dealing with that complaint;
The Standard Fan-Creator Contract – which is not part of your agreement with us, but governs and sets out the applicable terms for any fan/creator transaction you enter into on xfans24; and
Our Community Guidelines – which provide additional terms and guidance for your interactions with xfans24 .
Other Terms That May Apply to Your Use of xfans24: The following additional terms may apply to your use of xfans24:
You must upload a valid ID and two photographs of you on your User Account page in accordance with the requirements set out here.
You must add bank account details or a payment method on your User Account page.
You must select one of the methods provided by xfans24 for how your Creator Earnings will be transferred to you on your User Account page. These methods are known as Withdrawal Options.
If you are registered for VAT in Austria or Germany, you must provide us with your valid Austrian or German VAT number.
Depending on the country you live in, you may also be required to provide other information.
We may ask you for additional information about your age or identity at any time. We may refuse your request to create a Creator Account for any reason, including those set out here.
After you set up your account as a Creator Account and want to charge your fans a monthly subscription fee, you need to set the subscription price for your fans within the range allowed by xfans24 as specified here.
You can then start adding content and users can subscribe to your account to become your fans.
If you lose access to your account, you can reset your password, but to do so you will need to know the email address you used to set up the account. If you do not remember the email address you used to set up the account, we may ask you to provide identification documents and photographs, and any other evidence we may request to prove your identity.
Personal Legal Responsibility of Creators: Only individuals can be Creators. Each Creator is personally bound by the Terms of Service. If you have an agent, agency, management company, or other third party assisting you in operating your Creator account (or operating it on your behalf), this does not affect your personal legal responsibilities. Our relationship is with you, not any third party, and you are 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 that apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators under the terms of the Standard Fan-Creator Agreement . Although we facilitate Fan/Creator Transactions by providing the xfans24 Platform and storing Content, we are not a party to the Standard Fan-Creator Agreement or any other contract that may exist between a Fan and a Creator, and are not responsible for Fan/Creator Transactions .
Fan payments are exclusive of VAT and a 5% commission fee, which will be added at the then current rate for Fan payments.
When you receive confirmation from xfans24 either on the Statements page of your User Account or via email (or both) that the Fan/Creator Transaction has been confirmed, you must fulfill your part of that Fan/Creator Transaction (for example, by allowing the fan to view the content on your Creator Account and/or providing the custom content paid for by the fan and/or allowing the fan to use the paid fan interaction feature (if applicable)). You agree to indemnify us for any breach by you of this obligation (which means that you will be responsible for any loss or damage (including lost profits) we suffer as a result of your failure to fulfill this obligation).
Content – General Terms: In addition to the terms set out elsewhere in the Terms of Service (and in particular our Acceptable Use Policy), the following terms apply to content you post, display, upload or publish as a Creator on xfans24:
Your Content is non-confidential and you authorize your fans to access and view your Content on xfans24 for their own lawful and personal use and in accordance with any licenses you grant to your fans.
You warrant (meaning you make a legally enforceable promise to us) that for any Content you post, display, upload or publish on xfans24:
The Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
You own all necessary rights to license and trade your Content on xfans24, including in any territory where you have fans and in Austria;
You either own Your Content (and all intellectual property rights therein) or have a valid license to offer and provide Your Content to your fans;
If Your Content contains or uses third party material, you have secured all rights, licenses, written consents and releases necessary for the use of that third party property in Your Content and for the subsequent use and exploitation of that Content on xfans24; and
The Content is:
of satisfactory quality, taking into account the description of the Content, price and all other relevant circumstances, including any statement or representation you make in your account or in an advertisement about the nature of the Content;
reasonably fit for any purpose the fan has told 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 will indemnify us if any of the warranties are untrue. This means that you will be responsible for any loss or damage (including loss of profits) 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 xfans24. We have no obligation to monitor any content and have no direct control over what your content may contain.
You also agree to act as a record keeper for the content you upload to xfans24.
Advertising on xfans24:
If you post or upload video content to your Creator Account that is intended to directly or indirectly promote third party goods, services or images for payment, other valuable consideration or for self-promotional purposes (including advertising, sponsorship and product placement) (collectively, “Promotional Content”), you must comply with the requirements set out in these Creator Terms of Service.
Requirements – Promotional Content: You must ensure that any Promotional Content you post to your Creator Account
does not:
Impair respect for human dignity;
Include or promote discrimination based on gender, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
Promote conduct that endangers health or safety;
Promote conduct that significantly harms the environment;
Cause physical, mental or moral harm to any person;
Directly pressure people to buy or rent goods or services, taking advantage of their inexperience or gullibility;
Directly encourage people to persuade others to buy or rent goods or services;
exploit the trust of others in others; or
inappropriately portray people in dangerous situations;
does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs or prescription drugs;
does not promote, encourage or facilitate illegal gambling;
with respect to any promotional content for alcoholic beverages, does not target minors and does not encourage excessive consumption of alcohol.
Transparency Requirement - Promotional Content: You must declare that all promotional content you post or upload to xfans24 contains advertising by including the #Advertisement or #AD tag in the promotional content caption before posting or uploading.
Co-authored Content:
If you upload content to your Creator Account that depicts another person other than you or in addition to you (even if that person cannot be identified from the Content) ("Co-Authorized Content"), you warrant (meaning you make a legally enforceable promise to us) that each person depicted in the Co-Authorized Content uploaded to your Account is a Creator on xfans24 or a consenting adult, and that you have verified the identity and age of each such person and will provide us with such supporting documentation as we may request in our discretion.
You also warrant that you have obtained and recorded written consent from each person depicted in your Co-Authorized Content that such person:
has given his or her express, prior, and fully informed consent to his or her appearance in the Co-Authorized Content; and
has consented to the publication of the Co-Authorized Content in which he or she appears on xfans24.
In addition to the Acknowledgements, you agree that if you upload co-authored content where the other person or persons appearing in the content have a creator account with xfans24, you will tag the xfans24 accounts of all persons who appear in and can be identified by the co-authored content.
If co-authored content is a work of joint authorship, you are solely responsible for obtaining any necessary licenses or consents from all other co-authors of the content sufficient to permit the uploading of such content to and making it available on xfans24.
You agree that we will only cause Creator Revenues 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 will be solely responsible for dividing and distributing all revenue generated from the Co-authored Content among the individuals featured in such Co-authored Content. Any such revenue sharing arrangement will be an independent, private agreement between you and such individuals, and we will not be responsible for providing or enforcing such agreements. You understand and agree that you will not be entitled to any Creator Revenue generated from Co-authored Content in which you appear but which is posted on another creator's account. When you post Co-authored Content to your account, we may require you to provide valid and complete legal information for all individuals who appear in the Co-authored Content. If you fail to provide any information we request when requested, we may delete the co-authored content, limit your rights and permissions to post as a creator, terminate your account, and/or withhold all or a portion of any creator earnings earned but not yet paid to you.
You agree to release us from all claims arising from co-authored content and not to assert any claims against us. You agree that any claims arising from co-authored content will be asserted against the creator(s) who posted co-authored content or the person(s) who appeared in the co-authored content.
Payouts to Creators:
All fan payments are received by a third-party payment provider approved by us.
If you chose the payout option, xfans24 will collect the fan payment and deposit the Creator Earnings into your bank account.
If Stripe is not your chosen payout option, our fee will be deducted from the Fan Payment received and your Creator Earnings will be retained by us or one of our affiliates on your behalf.
Your xfans24 account will be updated with your Creator Earnings within a reasonable time. Your Creator Earnings will be available for you to withdraw from your xfans24 account as soon as such Creator Earnings appear in your xfans24 account.
In order to make a withdrawal of Creator earnings from your xfans24 account, your xfans24 account must have at least the minimum withdrawal amount of 50 euros. Please click on the banking page of your account to see the minimum withdrawal amount for your country of residence and withdrawal option.
The amount you see in your "current balance" in your xfans24 account is your Creator earnings at that time. All fan payments and Creator earnings are processed in euros only. If you have chosen the withdrawal option, the fan payments and Creator earnings 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 funds. In addition, your e-wallet company may charge you a fee to access the funds. We have no control over exchange rates or fees charged by your bank or e-wallet company, and we and our affiliates are not responsible for paying any fees charged by your bank or e-wallet company.
If a fan successfully requests a refund or chargeback of a Fan Payment made to you from their credit card provider, we may investigate and decide to deduct from your account an amount equal to the Creator Earnings you earned with the chargedback or refunded amount. With the exception of
withdrawal options with payment by bank transfer, we do not store any data you provide when registering your withdrawal options with a third-party payment provider.
Circumstances in which we may withhold Creator Earnings:
We may withhold all or part of the Creator Earnings owed to you but not yet paid out:
if we believe that you have or may have seriously or repeatedly violated any part of the Terms of Service;
if you attempt or threaten to violate any part of the Terms of Service in a way that we believe has or could have serious consequences for us or another user (including actual or potential losses incurred by us or another user); or
if we suspect that all or part of the Creator Earnings result from unlawful or fraudulent activities, either by you or by the fan who made the Fan Payment that resulted in the Creator Earnings,
for as long as necessary to investigate your actual, threatened or suspected breach or suspected unlawful activity. If, after our investigation, we determine that you have materially or repeatedly breached any part of the Terms of Service; you have attempted or threatened to breach any part of the Terms of Service in a way that has or could have serious consequences for us or another user (including actual or potential losses incurred by us or another user), and/or the Creator Earnings are the result of unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
We may also withhold all or a portion of any Creator Earnings you are entitled to but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned or otherwise placed a lien on Creator Earnings. We assume no obligation to pay Creator Earnings to any third-party lien holders and may withhold payment of Creator Earnings until the lien is released.
We will not be liable to you if we withhold or forfeit any portion of your Creator Earnings when we are permitted to do so under these Creator Terms.
If we withhold all or a portion of the Creator Earnings to which you are entitled and we determine that any portion of the Creator Earnings we withhold is not related to your violation of the Terms of Service or suspected illegal or fraudulent activity, we may arrange to pay you the portion of the Creator Earnings that we determine is not related to your violation of the Terms of Service or suspected illegal or fraudulent activity. However, you agree that if we believe that your violations of the Terms of Service have caused or may cause us to lose, we may withhold any Creator Earnings to which you are entitled but not yet paid and offset such amounts against any losses we may suffer.
If, after completing our investigation, we determine that Creator Earnings have been forfeited, we will (unless prohibited by law) do our best to ensure that any Fan Payments that resulted in the Creator Earnings being forfeited are refunded to the relevant fans who made those Fan Payments.
Promoting Tax Compliance and VAT:
General:
We recommend that all Creators seek professional advice to ensure that you comply with local tax and VAT requirements according to your individual circumstances.
By using xfans24 as a Creator, you warrant (meaning you make a legally enforceable promise) that you have reported the receipt of all payments made to you in connection with your use of xfans24 to the relevant tax authority in your jurisdiction and will continue to do so as required by law.
By using xfans24 as a Creator, you warrant (meaning you make a legally enforceable promise) that you will at all times comply with all laws and regulations applicable to you relating to tax. If at any time while you have an xfans24 account a tax breach occurs in relation to you (including any failure by you to report income or the imposition of a penalty or interest in respect of tax against you) or if any legal proceedings, inquiry or investigation is commenced against you which are related to or may result in a tax breach, you agree that you will:
notify us in writing by email to info@xfans24.com within 7 days of the tax breach occurring or the commencement of the legal proceedings, inquiry or investigation; and
promptly provide us by email to info@xfans24.com:
details of the steps you are taking to remedy the tax breach and prevent a recurrence, together with any mitigating circumstances you consider relevant; and
such other information relating to the occurrence of a tax breach as we may reasonably request.
For the avoidance of doubt, you are responsible for your own tax affairs and we and our affiliates are not responsible for advising you on your tax affairs and are not liable for any general information provided on xfans24 or via info@xfans24.com relating to taxes and are not liable for any non-payment of taxes by creators.
We reserve the right to close your xfans24 account if we are notified or become aware of any non-compliance with your tax obligations.
ACCEPTABLE
USE POLICY BY USING OUR WEBSITE, YOU AGREE TO THIS POLICY - PLEASE READ IT CAREFULLY
This policy applies to your use of xfans24 and all content on xfans24, and is part of your agreement with us. This policy sets out what is and is not allowed on xfans24.
In this policy, defined terms have the same meanings as in our Terms of Service for all users.
Use xfans24 for personal use only, and do not sell, rent, transfer, or share your account or any content obtained through your use of xfans24 with anyone else.
Use xfans24 only in a manner and for a purpose that is lawful. Do
not upload, post, display, or publish on xfans24 any content that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, harassing, or that promotes or encourages violence or illegal activities.
Do not use xfans24 in any way that could exploit or harm people under the age of 18, or attempt to do so, including by exposing them to inappropriate content.
Do not upload, post, display or publish any content on xfans24 that:
shows, includes or references:
any person under the age of 18 (or which generally refers to people under the age of 18); or
any other person unless you have written documentation confirming that all persons shown, included or mentioned in your content are at least 18 years old and you have each person's written consent to use their name or likeness (or both) in the content;
shows, promotes, advertises or references:
firearms, weapons or other goods the sale, possession or use of which is prohibited or restricted;
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, scatology or excrement material;
"revenge porn" (any sexually explicit material that features a person who has not previously given their express and fully informed consent for such material to be recorded, captured or otherwise stored or posted and shared on xfans24);
escort services, sex trafficking or prostitution;
contains unsolicited sexual content or language that sexually objectifies another user or person without their consent, or contains fake or manipulated sexual content relating to another user or person (including "deepfakes");
contains, promotes, advertises, or references hate speech (that is, content intended to denigrate, degrade, dehumanize, exclude, attack, threaten, or incite hatred, fear, or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or other protected characteristics);
contain or reference any personally identifiable information or private or confidential information of another person (such as telephone numbers, location information (including street addresses and GPS coordinates), names, identification documents, email addresses, xfans24 login information including passwords and security questions, financial information including bank account and credit card information, biometric data and medical records) without the express written consent of that person;
either:
in the case of content depicting public nudity that is recorded in or broadcast from a country, state or province where public nudity is illegal; or
in the case of content depicting sexual acts that is recorded in or broadcast from a public location where the public can reasonably be expected to observe the performance of those acts (this does not include outdoor locations where no public is present, for example private property such as a private backyard or secluded areas in nature where no public is present).
gives the impression that it originates from us or any other person or company, or is approved, licensed or endorsed by us or any other person or company; that
causes, or is likely to cause, inconvenience or distress to others, or that is likely to upset, embarrass or seriously harm others;
is used or is intended to be used to extort money or other benefit from someone else in exchange for the removal of the content; and/or
involve or promote any third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placement, advertising or job postings or job advertisements without our prior express consent.
You must comply with all requirements set out in our Community Guidelines . Our Community Guidelines can be found here .
Do not use xfans24 to stalk, bully, abuse, harass, threaten or intimidate others.
Do not use xfans24 for misleading or deceptive conduct, or for conduct that is likely to mislead or deceive other users.
Respect the intellectual property rights of creators by not recording, reproducing, sharing, publicly communicating or otherwise distributing their content without permission.
Do not do anything that violates our rights or the rights of others. This includes intellectual property rights (examples include copyrights, trademarks, confidential information, and goodwill), publicity rights, rights against unfair competition, and 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 imply any association, endorsement, or sponsorship between you and us or any other person or company.
Do not provide false information during account registration or make unauthorized use of anyone else's information or content. Do
not post, or cause to be posted, any content that is spam, intended to artificially increase a creator's views or interactions, or that is otherwise inauthentic, repetitive, misleading, or of low quality. Do
not transmit, stream, or otherwise broadcast any recorded audio or video during a live stream, or attempt to pass off any recorded material as a live stream.
Do not use any other media or method (such as the use of code words or signals) to communicate anything that violates this policy. You
may not reproduce, print, distribute, download, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content except as permitted in the Terms of Service.
Do not knowingly introduce viruses, trojans, worms, logic bombs or other material into the Content which is or may be malicious or technologically harmful.
Do not decompile, disassemble or reverse engineer the source code of xfans24 or otherwise attempt to discover or derive it.
Do not use xfans24 in any way which could adversely affect our systems or security, or interfere with any other user's use of xfans24, including their ability to engage in real time activities through xfans24.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders and automated scripts) to access xfans24 or any server, network or system connected to xfans24, or to extract, scrape, collect, mine or gather content or information from xfans24.
Use the xfans24 name or logo, or related or similar names, logos, product and service names, designs or slogans, except in the limited manner expressly permitted in the Terms of Service or with our prior written consent.
Violations of this policy may result in suspension or termination of your account and revocation of access to your earnings in accordance with the Terms of Service.
COMPLAINTS POLICY
Introduction: This document sets out our complaints policy. If you are a user of xfans24, this complaints policy forms part of your agreement with us.
Who we are and how you can contact us: . We are a business in Austria with the GISA number:36542574 our
business address is
Augasse 115/2
2640 Enzenreith
Austria.
Interpretation: In this Complaints Policy, defined terms have the same meaning as in the Terms of Use for all users . In addition, the term “working days” means all days that are not Saturdays, Sundays or public holidays in Austria.
Who can use this complaints policy? Regardless of whether you are a user of xfans24 or not, you can use this complaints policy to bring any complaint you have about xfans24 to our attention.
How to make a complaint: If you have a complaint about xfans24 (including complaints about content appearing on xfans24 or the behavior of a user), please send your complaint to support@xfans24.com and include 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.
This is how we deal with complaints about illegal or non-consensual content: Upon receipt of your complaint about illegal or non-consensual content in accordance with
We will take such steps as we deem appropriate to investigate your complaint within a timeframe appropriate to the nature of your complaint;
if we require further information or documents from you, we will notify you;
We will investigate your complaint in good faith within seven (7) working days;
If we are satisfied that the content is unlawful or non-consensual, we will promptly remove that content and notify you of our decision by email or other electronic means.
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 means.
Any disputes regarding our determination that Content is non-consensual will be submitted by us to neutral arbitration at our expense.
How we handle copyright infringement complaints: Copyright infringement complaints must be filed in accordance with our DMCA Policy . We will respond to copyright infringement complaints in accordance with this policy.
How we handle other complaints: Upon receipt of other complaints (including complaints related to other violations of our Acceptable Use Policy):
We will take such steps as we deem appropriate to investigate your complaint within a timeframe appropriate to the nature of your complaint;
if we need further information or documents from you, we will let you know;
We will use our best judgment to take such action as we deem appropriate to resolve the issue raised by your complaint. If you have complained about content appearing on xfans24 If the content appears to violate our Acceptable Use Policy, and we are convinced that the content otherwise violates our Acceptable Use Policy, we will act quickly to remove it;
we are under no obligation to inform you of the outcome of your complaint.
Unjustified or abusive complaints : If you are a user of xfans24, you warrant (meaning that you make a legally enforceable promise) that you will not submit complaints under this Complaints Policy that are wholly unjustified, abusive or made in bad faith. If we determine that you have breached this guarantee, we may suspend or terminate your user account.
BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS - PLEASE READ CAREFULLY
Introduction: These Terms of Service for All Users govern your use of Xfans24.com and your agreement with us.
Interpretation: In the Terms of Service:
we refer to our website as “ Xfans24.com ”, including when accessed via the URL https://xfans24.com;
“ Content ” means any material uploaded to xfans24.com by a user (be it a creator or a fan), including photos, videos, audio (such as music and other sounds), live stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material;
“ Creator ” means a user who has set up their xfans24.com account as a Creator Account to post content on xfans24.com for other users to view;
“ Fan ” means a user who follows a Creator and can view the Creator’s content;
“ Fan/Creator Transaction ” means any transaction between a Fan and a Creator on xfans24.com that provides access to the Creator’s content, including in any of the following ways: a subscription, 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 use of the Fan Interaction feature on a Creator’s account by the Fan;
“ Fan Payment ” means any payments made by a Fan to a Creator in connection with a Fan/Creator Transaction or as a tip to a Creator;
“ Referring User ” means a user who participates in the xfans24.com Referral Program;
“ Standard Fan-Creator Agreement ” means the terms that apply to any transaction between a fan and a creator and 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 package that includes a subscription for more than one month);
How we may change the Terms of Service: We may change parts of the Terms of Service without prior notice to you in the following circumstances:
to reflect changes in laws and regulatory requirements that apply to xfans24.com and xfans24.com’s services, features and programs, where those changes require xfans24.com to change its terms and conditions in a way that does not permit us to provide you with reasonable notice; and
to address an unforeseen and imminent threat related to protecting xfans24.com, fans or creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to parts of the Terms of Service and will notify you of such changes in a timely manner by email or through xfans24.com. You may contact us to terminate your agreement with us before the changes take effect. Once updated Terms of Service take effect, you will be bound by them if you continue to use xfans24.com.
We may make changes to, or suspend or withdraw, xfans24.com: We may update and change xfans24.com from time to time for any reason, including to reflect changes in our services, user requirements and business practices, or to improve performance, add functionality or address security issues. We will try to provide you with reasonable notice of material changes. We do not guarantee that xfans24.com or any content contained therein will always be available or accessible without interruption. We may suspend, withdraw or limit the availability of all or part of xfans24.com for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with xfans24com : To use xfans24.com, you must first register and create a user account with xfans24.com. You must provide a valid email address, username and password, or authenticate with a valid Google account. Your password should be unique (i.e., it must be different from passwords you use for other websites) and meet the xfans24.com site's technical requirements for composing passwords. To register as a user:
You must be at least 18 years old and confirm this;
if the laws of the country or state/province in which you reside require that you are over the age of 18 to be legally bound by a contract with us, then you must be old enough under the laws of the country or state/province in which you reside to be legally bound by a contract with us; and
you must be legally permitted to join xfans24.com, view all content available on it, and use all features provided on it under the laws of the country or state/province in which you reside.
You must provide us with any other information or verification that we request.
If you do not meet the above requirements, you must not access or use xfans24.com.
How do I get age verification?
Getting started is very easy! Simply go to the xfans24.com registration page and create an account with a username that is fun, unique, easy to remember, and best describes you. Keep in mind that for privacy reasons, you may want to use a different username than the one you use for your personal accounts.
Also check if it is not already in use.
The more original and easier to remember, the better!
The next step is to upload an ID to confirm that you are at least 18 years old. Submit a clear photo/scan of a valid ID card (ID) of yourself issued by your country’s authority.
Your ID must contain your date of birth, a recognizable photo of you, your ID number and your legal name.
No expired ID cards
No permits/temporary IDs
No handwritten or drawn ID cards
No Photoshop or photo/image manipulations
No birth certificates
Yes, government issued plastic ID cards
Yes, driver's license IDs
Yes, passports
Additionally, you must upload a photo of yourself holding your ID and a sign with your username and current date. You should not hold your ID in front of your face.
Your obligations to us: When you register with and use xfans24.com, you make the following obligations to us:
If you previously had an account with xfans24.com, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will ensure that all information you provide to us is truthful, accurate and complete.
You will promptly update any information you have provided to us if it changes.
You agree to receive communications from us electronically, including via email and messages sent through your xfans24.com account, and that your personal data will be processed as more fully described in our Privacy Policy.
You will keep your account/login information, including your user credentials, passwords and any other information that is part of our security procedures, confidential and secure and will not disclose it to any third party. You will contact support@xfans24.com immediately if you believe that 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 off from your account at the end of each session, and to exercise particular caution when accessing your account from a public or shared computer so that others cannot access, view, or record your password or other personal information.
You are responsible for all activity that occurs on your account, including if someone else uses your account in violation of the Terms of Service.
You will fully comply with these Terms of Service for All Users, our Acceptable Use Policy, and any other parts of the Terms of Service that apply to your use of xfans24.com.
Rights We Have, Including Suspending or Terminating Your Account:
We may, but are not obligated to, moderate or review your content to ensure compliance with the Terms of Service (including, without limitation, our Acceptable Use Policy) and/or applicable laws.
It is our policy to block access to any content you post on xfans24.com if it becomes clear to us that it may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or applicable laws while we investigate the alleged non-compliance or illegality of that content. If we block access to your content, you may request a review of our decision to block access to the content in question by contacting us at support@xfans24.com. Following our investigation into the alleged non-compliance or illegality of the content in question, we may take any action we deem appropriate, including restoring access to the content or permanently removing or blocking access to the content in question, without the need to obtain your consent and without prior notice to you. You agree to promptly provide us with all reasonable assistance (including providing us with copies of any information we request) in our investigation, at your own expense. We will not be liable for any loss you may suffer as a result of blocking access to your Content or any other steps we take in good faith to investigate any suspected non-compliance or illegality of your Content under this section.
If we block access to or delete your Content, we will notify you by email or electronic message to your xfans24.com account. However, we are under no obligation to provide you with advance notice of such removal or blocking.
We reserve the right, at our sole discretion, to terminate your agreement with us and your access to xfans24.com for any reason by providing you with 30 days' advance notice by email or electronic message to your xfans24.com account. We may also suspend access to your user account or terminate your agreement with us and your access to xfans24 immediately and without prior notice:
if we believe that you have seriously or repeatedly breached or may have breached any part of the Terms of Service (in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way that has or may 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 harm to us or otherwise damages Xfans24's reputation.
If we suspend access to your User Account or terminate your agreement with us and your access to Xfans24, we will notify you. During any period when access to your User Account is suspended, any Fan Payments that would otherwise have become due during the suspension period will be suspended, and we may withhold all or a portion of any Creator Earnings to which you are entitled but not yet paid under the Creator Terms of Service.
After termination of your Account, we may deal with your Content in an appropriate manner (including deletion) in accordance with our Privacy Policy, and you will no longer have access to your Content. There is no technical way to access your Content on Xfans24 after termination of your Account.
We may investigate any suspected or alleged misuse, abusive or unlawful use of Xfans24 and cooperate with law enforcement authorities in such investigations.
We may disclose any information or records in our possession or control relating to your use of Xfans24 to law enforcement authorities in connection with any police investigation of suspected or alleged illegal activities, to protect our rights or legal interests, or in response to legal proceedings.
We may change the third-party payment providers used to process payments on Xfans24. If we do so, we will notify you and store the relevant details in your Xfans24 account.
Except for the Content (which is owned by or licensed to the creators), all rights in Xfans24 and all of its content, features, databases, source code and functionality are owned by us and/or our licensors. Such material is copyrighted and may be protected by trademark, trade secret and other intellectual property laws.
We are the sole and exclusive owners of all anonymized data related to your use of Xfans24 and we may use such anonymized data for any purpose, including commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing xfans24 to you, but there are certain things we are not responsible for:
We do not authorize or approve any content on xfans24, and the views expressed by creators or fans on xfans24 do not necessarily reflect our views.
We do not grant you any rights in any content. Such rights can only be granted to you by the creators.
Your Content may be viewed by persons who recognize your identity. We will not be responsible to you if you are identified from your Content. Although we may offer certain geofencing or geolocation technologies on xfans24 from time to time and in our sole discretion, you understand and agree that we do not guarantee the accuracy or effectiveness of these technologies and that you will have no claim against us arising from your use of or reliance on geofencing or geolocation technologies on xfans24.
All Content is created, selected and provided by users, not us. We are not responsible for screening or moderating Content, and we do not select or alter the Content stored or transmitted through xfans24. We have no obligation to monitor Content or to determine violations of the Terms of Use (including the Acceptable Use Policy).
You agree that you are under no obligation to follow any suggestions, comments, reviews or instructions provided to you by another user of xfans24 and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees that creators or referring users will earn any amount of money (or any money at all) through their use of xfans24 (including the xfans24 referral program).
The materials we make available to users on xfans24 are for general information purposes only. We make no promises or guarantees regarding the accuracy or any other aspect of these materials or that users will achieve any particular result or outcome from using these materials.
We do not promise that xfans24 is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access xfans24. You should use your own anti-virus software.
We are not responsible for the availability of the Internet or for any failure of your connections, device or other equipment or software that may occur in connection with your use of xfans24.
Although we try to ensure that xfans24 is secure and free from errors and viruses, we cannot promise this and have no control over the content provided by the creators.
We are not responsible for lost, stolen or compromised user accounts, passwords, email accounts or any resulting unauthorized activity or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on xfans24, we cannot control, and are not responsible to you for, the use of that Content by other users or third parties. You may delete your account at any time, but acknowledge that deletion of your account will not automatically prevent the distribution of your Content that may have been posted by other users in violation of the Terms of Use or by third parties recorded prior to deletion of your account.
Intellectual Property Rights - Ownership and Licenses:
You represent that you own all intellectual property rights (examples include copyrights and trademarks) in your Content, or that you have acquired all necessary rights in your Content required to grant licenses to us and other users with respect to your Content. This includes all rights necessary to perform the acts described in subsection below in any territory in which xfans24 is accessible, and in particular in the United States of America, the United Kingdom and the European Union.
You agree to grant us a license for all of your Content to do all acts restricted by any intellectual property rights (including copyright) in that Content for all purposes reasonably related to providing and operating xfans24. Such acts include copying, making available and publicly displaying, displaying, performing, distributing, translating, creating adaptations or derivative works of your Content, and otherwise dealing with your Content.
The license you grant to us under the subsection above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us. This means that even if your agreement with us ends and you stop using xfans24, the license will continue, we will not have to pay you for the license, and we may sublicense your Content to someone else or assign or transfer the license to someone else. For example, this license allows us to add stickers, text, and watermarks to your content, make your content available to other xfans24 users, and use your content for other normal xfans24 operations. We will never sell your content to other platforms, but we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our business or its assets to a third party.
Although we do not own your Content, you grant us the limited right to send notices of infringement on your behalf (including claims of copyright or trademark infringement) to any third-party website or service that hosts or otherwise deals with infringing copies of your Content without your consent. Although we are not obligated to do so, we may send or withdraw such notices to any third-party website or service at any time if we believe it appropriate. However, we do not, and are not obligated to, monitor infringements of your Content. You agree to provide us, upon request, with all consents and other information reasonably necessary for us to submit notices of infringement on your behalf. For information on how to submit a complaint of infringement of intellectual property rights, please see our Complaints Policy .
You waive any moral rights you may have under applicable law to object to the derogatory treatment of any Content you have posted on xfans24. This waiver does not affect in any way your ownership of intellectual property rights in your Content or the rights 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 you grant to us in the section above), to add watermarks, stickers or text to your Content.
Linking to and from XFans24:
Linking to XFans24:
You may link to the XFans24 home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, 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 on which you link to or otherwise promote your Creator Account. When promoting your Creator Account, you must not impersonate XFans24 or create the impression that your Creator Account is being promoted by us when it is not. You must not promote your XFans24 Account using Google Ads or any similar advertising platform or search engine advertising service.
Links from XFans24: Where XFans24 contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Such links should not be construed as an endorsement by us of those linked websites or any information you obtain from them. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those websites or resources. If you decide to access any of the third party websites linked to XFans24, you do so at your own risk and subject to the terms of use for those websites.
Domain Names: In some cases, XFans24 may allow creators to register or use domain names that contain the XFans24 trademark or a confusingly similar term. However, you will not register such a domain name unless:
The domain name is registered by the creator
The domain name redirects to the creator's XFans24 profile. Domain names containing the XFans24 trademark or any confusingly similar term may not link to other websites, including link aggregators.
The creator will obtain prior written permission from XFans24 and sign a license agreement.
If you wish to register a domain name containing the XFans24 trademark or any confusingly similar term, please contact support@xfans24.com . Failure to comply with these terms or the License Agreement will be considered a breach of the License Agreement and may result in XFans24 initiating a domain dispute against the registrant.
How do I delete my account? If you wish to delete your XFans24 account, you can do so in the "User Account" section of your XFans24 account.
If you are a fan, deletion of your account will occur within a reasonable time after your request.
If you are a creator, after you initiate the delete account process, your account will remain active until the last day of your fans' paid subscription period, at which point you will receive your final payment and your account will be deleted.
If you are both a fan and a creator, your account will be deleted in two steps (fan first, then creator).
Once your account is deleted, you will not be charged any further amounts and you will no longer have access to your previous XFans24 account or its content. All subscriptions will be deleted and cannot be renewed. You will receive an email confirmation after your account has been successfully deleted. Once your account is deleted, we may deal with your content in a reasonable manner (including deletion) in accordance with our Privacy Policy and you will no longer have access to your content. There is no technical way on XFans24 to access your content after your account has been terminated.
Who is liable for any loss or damage you suffer?
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and fraud or fraudulent misrepresentation.
If you are a consumer user: If you are a consumer user, you agree that:
Neither we nor our, employees, owners, agents and assigns will be liable to you for any loss of profits, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising out of, or in connection with, your use of Xfans24.
If you are a consumer and reside in the United States of America, our total liability to you for claims arising out of or related to your contract with us is limited to $250 per claim.
If you are a business user: If you are a business user, you agree that:
We and our, employees, owners, agents and assigns:
exclude (to the extent permitted by law) all implied conditions, warranties, representations or other terms that may apply to Xfans24 or any of its content. This means that unless the Terms of Service expressly contain a promise or undertaking on our part, one cannot be implied by law; will
not be liable to you for any loss or damage you suffer that is not the foreseeable result of our breach of the Terms of Service or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if both we and you knew at the time you agreed to the Terms of Service that it might happen;
will not 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:
your inability to use xfans24 or its services, features or programs; or
your use of or reliance on any content stored on xfans24 (including Content);
will not be liable to you for:
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
any indirect or consequential loss or damage;
will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, 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 xfans24 or its services, features or programs or due to your downloading of any material posted on it, or on any website linked to it;
will not be liable to you if your content is copied, distributed or republished elsewhere or if the copyright of such content is infringed by another user or third party;
will not be liable to you for the disclosure of your identity or the disclosure or publication of your personal information by any other user or third party without your consent (also known as "doxing");
will not be liable to you for any failure or delay on our part in complying with any part of the Terms of Service that is due to events beyond our reasonable control. If there is any failure or delay on our part in complying with any part of the Terms of Service due to an event outside our reasonable control, 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 in connection with your agreement with us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the amounts
General: You agree that:
If any aspect of your agreement with us is unenforceable, the remainder will remain unaffected.
Our failure to enforce any aspect of your agreement with us will not constitute a waiver.
We reserve all rights not expressly granted to you.
No implied license or other right is granted to you with respect to any part of xfans24, except as expressly set forth in the Terms of Service.
Your agreement with us does not confer any rights on any third party, except for the disclaimers and limitations of liability (Who is responsible for loss or damage you suffer?) and the terms in section (Terms Related to Disputes), which may be enforced by our employees, owners, agents and representatives.
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 may be assigned or transferred by us to a third party. This may happen, for example, if our ownership changes (such as in a merger, acquisition or sale of assets) or as required by law. In addition, we may delegate the performance of our obligations under your agreement with us to third parties, but we remain responsible to you for the performance of those obligations.
The Terms of Service constitute the entire agreement between you and us regarding your access to and use of xfans24, and supersede any prior oral or written understandings or agreements between you and us.
Terms relating to Disputes - the law that applies to your agreement with us and where disputes and claims relating to your use of Xfans24 (including those arising out of or related to your agreement with us) can be brought:
For Consumers (Fans):
Consumer - Law :
If you are a consumer, your agreement with us is governed by German law and German law applies to all claims arising out of or related to your agreement with us or your use of Xfans24, and any claims we have against you arising out of or related to your agreement with us or your use of Xfans24 (including non-contractual disputes or claims in both cases). You can also rely on mandatory legal provisions of the country in which you live.
Consumers - Where to make claims:
If you are a consumer resident in the United Kingdom or the European Union, any claims you or we have arising out of or in connection with your agreement with us or your use of Xfans24 (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Austria the courts of the country in which you live.
If you are a consumer resident outside the United Kingdom or the European Union, any claims you or we have arising out of or in connection with your agreement with us or your use of Xfans24 (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Austria.
If you are a consumer resident in Austria and you are bringing claims solely against Xfans24, a , you may, in an appropriate case, bring your consumer claim in a court of competent jurisdiction in Vienna, Wr.Neustadt.
Last Updated: December 2022
FANS TERMS OF USE
BY USING OUR SITE AS A FAN, YOU AGREE TO THESE TERMS – PLEASE READ CAREFULLY
Introduction: These Fans Terms of Use are additional terms that apply when you use Xfans24 as a fan (also referred to as “ you ” and “ your ” in these Fans Terms of Use). These Fans Terms of Use are part of your agreement with us.
Interpretation: In these Fans Terms of Use, defined terms have the same meanings as in the Terms of Use for All Users. In addition:
“ VAT ” means Austrian value-added tax and any other taxes imposed in addition to, or in lieu of, them, at the applicable rate from time to time, and all equivalent or similar indirect taxes, fees, duties, levies or charges at any governmental, state, federal, provincial or municipal level in other jurisdictions; and
“ Taxes ” includes all forms of taxes and statutory, state, federal, provincial, local or municipal fees, duties, levies, contributions, withholdings or liabilities, whether levied and whether taxed in Austria or any other jurisdiction.
Other Terms That Apply to Your Use of Xfans24: The following terms also apply to your use of Xfans24, and you accept them:
Our Terms of Use for All Users ;
Our Privacy Policy – which informs you how we use your personal information and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and cannot do on xfans24;
Our Complaints Policy – which sets out the process for making a complaint about any aspect of xfans24 and our approach to dealing with that complaint;
The Standard Fan-Creator Contract – which does not form part of your agreement with us, but governs and sets out the applicable terms of any fan/creator transaction you enter into on xfans24; and
Our Community Guidelines – which contain additional terms and guidance for your interactions with xfans24.
Other terms that may apply to your use of xfans24: The following additional terms may apply to your use of xfans24:
If you are also a Creator, the Creator Terms of Service will apply to your use of xfans24 as a Creator.
If you are a Creator based or resident in the European Union or the United Kingdom, the terms of the Platform-to-Business Regulation will also apply to you.
If you participate in the xfans24 Referral Program, the Referral Program Terms will apply to your use of the xfans24 Referral Program.
Your Obligations to Us: You warrant (i.e., you make a legally enforceable promise) that:
You are at least 18 years old;
if the laws of the country or state/province in which you reside provide that you cannot be legally bound to a contract until you are over 18, then you are old enough to be legally bound to a contract under the laws of the country or state/province in which you reside;
You will provide us with any other information or supporting documentation that we request.
You are eligible under the laws of the country or state/province in which you reside to join xfans24 and to view all content and use all features available there; and
you are able and willing to make a payment (if required) to view the content available on xfans24 that you wish to view and to use any features provided by xfans24 that you wish to use.
Content - General Terms: In addition to the terms set out elsewhere in the Terms of Service (in particular, our Acceptable Use Policy), the following terms apply to the content posted, displayed, uploaded or published by you as a fan on xfans24:
You warrant (meaning you make a legally enforceable promise to us) that for any Content you post, display, upload or publish on xfans24:
The Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
You either own your Content (and all intellectual property rights therein) or have a valid license to your Content; and
If your Content contains or uses third party material, you have secured all rights, licenses, written consents and releases necessary for the use of such third party property in your Content and for the subsequent use and exploitation of that Content on xfans24.
You agree that if any of the warranties in Section 6(a) are untrue, you will be liable to us and will indemnify us. This means that 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 xfans24. We have no obligation to monitor content and have no direct control over what your content may contain.
Adult Material: You acknowledge that you are aware that some of the content on xfans24 contains adult material and you agree to take this into account when deciding where to access and view content. We will not be liable to you if you suffer any loss or damage as a result of accessing or viewing content containing adult material in breach of any contract you have with a third party (such as your employment contract) or any applicable law.
Subscriptions and Purchases by Fans: This section describes the terms that apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Fan-Creator Agreement. Although we facilitate fan/creator transactions by providing the xfans24 platform and storing content, we are not a party to the standard fan-creator contract or any other contract that may exist between a fan and a creator and are not responsible for fan/creator transactions.
Creators are solely responsible for setting (within the parameters for pricing on xfans24) the prices that apply to fan/creator transactions and the content you may be given access to. All prices are quoted in EUR only.
Fan Payments are subject to VAT, which will be added at the then current Fan Payment rate.
To complete a Fan/Creator transaction with a specific Creator, you must first add a payment card to your account and then click the "Subscribe" button on that Creator's profile.
You authorize us and our affiliates to share your payment card details with a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be billed in EUR. Your payment card provider may charge you currency conversion fees. We have no control over exchange rates or fees charged by your payment card provider or bank, and we and our affiliates are not responsible for payment of any fees or charges charged by your payment card provider or bank.
If you provide the details of two or more payment cards and attempt to make a Fan Payment with the first card and the card is declined for any reason, the other payment card will be used to collect the full Fan Payment.
The Payment Provider will make recurring payments from your payment card for Fan Payments that are subscriptions and immediate payments from your payment card for Fan Payments that are not subscriptions (including any tips you pay to a Creator). You authorize and agree that each such payment will be charged to the payment card details you provide.
Except for free trial subscriptions, all subscriptions to a Creator's profile will automatically renew at the end of the applicable subscription period unless your payment card is declined, the subscription price for the subscription has increased, or you have turned off the "Auto-Renew" switch in the applicable Creator's profile. This means that if you wish to stop subscribing to a Creator's profile and no longer wish to pay the ongoing monthly subscription fees, you must turn off the "Auto-Renew" switch in the applicable Creator's profile.
If you cancel a subscription, you will be able to continue viewing that creator's content until the end of the subscription period during which you canceled. After that, no further payments will be charged to your payment card for subscriptions to that creator's profile (unless you choose to re-subscribe to that creator's profile) and you will no longer be able to view that creator's content.
You agree that you will not make any unjustified refund requests with respect to Fan/Creator Transactions or Tips to a Creator, or make any unjustified chargeback requests from your payment card provider with respect to Fan/Creator Transactions or Tips to a Creator. If we believe that you have made a refund request or chargeback request in bad faith, we have the right to suspend or terminate your user account.
Wallet Credits: You can prepay an amount on XFANS24 (known as "Wallet Credits") that you can later use for Fan Payments. Purchases on xfans25 cannot be split - if you make 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 set by us from time to time. No interest is charged on Wallet Credits. Wallet Credits are non-refundable, which means you will not be 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, all Fan Payments that would otherwise have become due during the period your User Account is suspended will be suspended for the duration of your User Account suspension.
Last Updated: April 2021
CREATOR TERMS OF USE BY
USING OUR SITE AS A CREATOR, YOU AGREE TO THESE TERMS - PLEASE READ CAREFULLY
Introduction: These Creator Terms of Use are additional terms that apply when you use xfans24 as a creator (also referred to as "you" and "your" in these Creator Terms of Use). These Creator Terms of Use are part of your agreement with us.
Interpretation: In these Creator Terms of Use, defined terms have the same meanings as in the All User Terms of Use. In addition:
"VAT" means Austrian value-added tax and any other taxes imposed in addition to, or in lieu thereof, at the applicable rates from time to time, and all equivalent or similar indirect taxes, fees, duties, levies or charges at the governmental, state, federal, provincial or municipal level in other jurisdictions; and
"Taxes" includes all forms of taxes and statutory, state, federal, provincial, local or municipal fees, duties, levies, contributions, withholdings or liabilities, whether imposed and whether taxes are in Austria or any other jurisdiction.
Other terms that apply to your use of xfans24: The following terms also apply to your use of xfans24, and you accept them:
Our Terms of Service for All Users ;
Our Privacy Policy – which informs 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 cannot do on xfans24;
Our Complaints Policy – which sets out the process for making a complaint about any aspect of xfans24, and our approach to dealing with that complaint;
The Standard Fan-Creator Contract – which is not part of your agreement with us, but governs and sets out the applicable terms for any fan/creator transaction you enter into on xfans24; and
Our Community Guidelines – which provide additional terms and guidance for your interactions with xfans24 .
Other Terms That May Apply to Your Use of xfans24: The following additional terms may apply to your use of xfans24:
You must upload a valid ID and two photographs of you on your User Account page in accordance with the requirements set out here.
You must add bank account details or a payment method on your User Account page.
You must select one of the methods provided by xfans24 for how your Creator Earnings will be transferred to you on your User Account page. These methods are known as Withdrawal Options.
If you are registered for VAT in Austria or Germany, you must provide us with your valid Austrian or German VAT number.
Depending on the country you live in, you may also be required to provide other information.
We may ask you for additional information about your age or identity at any time. We may refuse your request to create a Creator Account for any reason, including those set out here.
After you set up your account as a Creator Account and want to charge your fans a monthly subscription fee, you need to set the subscription price for your fans within the range allowed by xfans24 as specified here.
You can then start adding content and users can subscribe to your account to become your fans.
If you lose access to your account, you can reset your password, but to do so you will need to know the email address you used to set up the account. If you do not remember the email address you used to set up the account, we may ask you to provide identification documents and photographs, and any other evidence we may request to prove your identity.
Personal Legal Responsibility of Creators: Only individuals can be Creators. Each Creator is personally bound by the Terms of Service. If you have an agent, agency, management company, or other third party assisting you in operating your Creator account (or operating it on your behalf), this does not affect your personal legal responsibilities. Our relationship is with you, not any third party, and you are 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 that apply to Fan/Creator Transactions:
All Fan/Creator Transactions are contracts between Fans and Creators under the terms of the Standard Fan-Creator Agreement . Although we facilitate Fan/Creator Transactions by providing the xfans24 Platform and storing Content, we are not a party to the Standard Fan-Creator Agreement or any other contract that may exist between a Fan and a Creator, and are not responsible for Fan/Creator Transactions .
Fan payments are exclusive of VAT and a 5% commission fee, which will be added at the then current rate for Fan payments.
When you receive confirmation from xfans24 either on the Statements page of your User Account or via email (or both) that the Fan/Creator Transaction has been confirmed, you must fulfill your part of that Fan/Creator Transaction (for example, by allowing the fan to view the content on your Creator Account and/or providing the custom content paid for by the fan and/or allowing the fan to use the paid fan interaction feature (if applicable)). You agree to indemnify us for any breach by you of this obligation (which means that you will be responsible for any loss or damage (including lost profits) we suffer as a result of your failure to fulfill this obligation).
Content – General Terms: In addition to the terms set out elsewhere in the Terms of Service (and in particular our Acceptable Use Policy), the following terms apply to content you post, display, upload or publish as a Creator on xfans24:
Your Content is non-confidential and you authorize your fans to access and view your Content on xfans24 for their own lawful and personal use and in accordance with any licenses you grant to your fans.
You warrant (meaning you make a legally enforceable promise to us) that for any Content you post, display, upload or publish on xfans24:
The Content fully complies with the Terms of Service (and in particular our Acceptable Use Policy);
You own all necessary rights to license and trade your Content on xfans24, including in any territory where you have fans and in Austria;
You either own Your Content (and all intellectual property rights therein) or have a valid license to offer and provide Your Content to your fans;
If Your Content contains or uses third party material, you have secured all rights, licenses, written consents and releases necessary for the use of that third party property in Your Content and for the subsequent use and exploitation of that Content on xfans24; and
The Content is:
of satisfactory quality, taking into account the description of the Content, price and all other relevant circumstances, including any statement or representation you make in your account or in an advertisement about the nature of the Content;
reasonably fit for any purpose the fan has told 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 will indemnify us if any of the warranties are untrue. This means that you will be responsible for any loss or damage (including loss of profits) 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 xfans24. We have no obligation to monitor any content and have no direct control over what your content may contain.
You also agree to act as a record keeper for the content you upload to xfans24.
Advertising on xfans24:
If you post or upload video content to your Creator Account that is intended to directly or indirectly promote third party goods, services or images for payment, other valuable consideration or for self-promotional purposes (including advertising, sponsorship and product placement) (collectively, “Promotional Content”), you must comply with the requirements set out in these Creator Terms of Service.
Requirements – Promotional Content: You must ensure that any Promotional Content you post to your Creator Account
does not:
Impair respect for human dignity;
Include or promote discrimination based on gender, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
Promote conduct that endangers health or safety;
Promote conduct that significantly harms the environment;
Cause physical, mental or moral harm to any person;
Directly pressure people to buy or rent goods or services, taking advantage of their inexperience or gullibility;
Directly encourage people to persuade others to buy or rent goods or services;
exploit the trust of others in others; or
inappropriately portray people in dangerous situations;
does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs or prescription drugs;
does not promote, encourage or facilitate illegal gambling;
with respect to any promotional content for alcoholic beverages, does not target minors and does not encourage excessive consumption of alcohol.
Transparency Requirement - Promotional Content: You must declare that all promotional content you post or upload to xfans24 contains advertising by including the #Advertisement or #AD tag in the promotional content caption before posting or uploading.
Co-authored Content:
If you upload content to your Creator Account that depicts another person other than you or in addition to you (even if that person cannot be identified from the Content) ("Co-Authorized Content"), you warrant (meaning you make a legally enforceable promise to us) that each person depicted in the Co-Authorized Content uploaded to your Account is a Creator on xfans24 or a consenting adult, and that you have verified the identity and age of each such person and will provide us with such supporting documentation as we may request in our discretion.
You also warrant that you have obtained and recorded written consent from each person depicted in your Co-Authorized Content that such person:
has given his or her express, prior, and fully informed consent to his or her appearance in the Co-Authorized Content; and
has consented to the publication of the Co-Authorized Content in which he or she appears on xfans24.
In addition to the Acknowledgements, you agree that if you upload co-authored content where the other person or persons appearing in the content have a creator account with xfans24, you will tag the xfans24 accounts of all persons who appear in and can be identified by the co-authored content.
If co-authored content is a work of joint authorship, you are solely responsible for obtaining any necessary licenses or consents from all other co-authors of the content sufficient to permit the uploading of such content to and making it available on xfans24.
You agree that we will only cause Creator Revenues 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 will be solely responsible for dividing and distributing all revenue generated from the Co-authored Content among the individuals featured in such Co-authored Content. Any such revenue sharing arrangement will be an independent, private agreement between you and such individuals, and we will not be responsible for providing or enforcing such agreements. You understand and agree that you will not be entitled to any Creator Revenue generated from Co-authored Content in which you appear but which is posted on another creator's account. When you post Co-authored Content to your account, we may require you to provide valid and complete legal information for all individuals who appear in the Co-authored Content. If you fail to provide any information we request when requested, we may delete the co-authored content, limit your rights and permissions to post as a creator, terminate your account, and/or withhold all or a portion of any creator earnings earned but not yet paid to you.
You agree to release us from all claims arising from co-authored content and not to assert any claims against us. You agree that any claims arising from co-authored content will be asserted against the creator(s) who posted co-authored content or the person(s) who appeared in the co-authored content.
Payouts to Creators:
All fan payments are received by a third-party payment provider approved by us.
If you chose the payout option, xfans24 will collect the fan payment and deposit the Creator Earnings into your bank account.
If Stripe is not your chosen payout option, our fee will be deducted from the Fan Payment received and your Creator Earnings will be retained by us or one of our affiliates on your behalf.
Your xfans24 account will be updated with your Creator Earnings within a reasonable time. Your Creator Earnings will be available for you to withdraw from your xfans24 account as soon as such Creator Earnings appear in your xfans24 account.
In order to make a withdrawal of Creator earnings from your xfans24 account, your xfans24 account must have at least the minimum withdrawal amount of 50 euros. Please click on the banking page of your account to see the minimum withdrawal amount for your country of residence and withdrawal option.
The amount you see in your "current balance" in your xfans24 account is your Creator earnings at that time. All fan payments and Creator earnings are processed in euros only. If you have chosen the withdrawal option, the fan payments and Creator earnings 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 funds. In addition, your e-wallet company may charge you a fee to access the funds. We have no control over exchange rates or fees charged by your bank or e-wallet company, and we and our affiliates are not responsible for paying any fees charged by your bank or e-wallet company.
If a fan successfully requests a refund or chargeback of a Fan Payment made to you from their credit card provider, we may investigate and decide to deduct from your account an amount equal to the Creator Earnings you earned with the chargedback or refunded amount. With the exception of
withdrawal options with payment by bank transfer, we do not store any data you provide when registering your withdrawal options with a third-party payment provider.
Circumstances in which we may withhold Creator Earnings:
We may withhold all or part of the Creator Earnings owed to you but not yet paid out:
if we believe that you have or may have seriously or repeatedly violated any part of the Terms of Service;
if you attempt or threaten to violate any part of the Terms of Service in a way that we believe has or could have serious consequences for us or another user (including actual or potential losses incurred by us or another user); or
if we suspect that all or part of the Creator Earnings result from unlawful or fraudulent activities, either by you or by the fan who made the Fan Payment that resulted in the Creator Earnings,
for as long as necessary to investigate your actual, threatened or suspected breach or suspected unlawful activity. If, after our investigation, we determine that you have materially or repeatedly breached any part of the Terms of Service; you have attempted or threatened to breach any part of the Terms of Service in a way that has or could have serious consequences for us or another user (including actual or potential losses incurred by us or another user), and/or the Creator Earnings are the result of unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
We may also withhold all or a portion of any Creator Earnings you are entitled to but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned or otherwise placed a lien on Creator Earnings. We assume no obligation to pay Creator Earnings to any third-party lien holders and may withhold payment of Creator Earnings until the lien is released.
We will not be liable to you if we withhold or forfeit any portion of your Creator Earnings when we are permitted to do so under these Creator Terms.
If we withhold all or a portion of the Creator Earnings to which you are entitled and we determine that any portion of the Creator Earnings we withhold is not related to your violation of the Terms of Service or suspected illegal or fraudulent activity, we may arrange to pay you the portion of the Creator Earnings that we determine is not related to your violation of the Terms of Service or suspected illegal or fraudulent activity. However, you agree that if we believe that your violations of the Terms of Service have caused or may cause us to lose, we may withhold any Creator Earnings to which you are entitled but not yet paid and offset such amounts against any losses we may suffer.
If, after completing our investigation, we determine that Creator Earnings have been forfeited, we will (unless prohibited by law) do our best to ensure that any Fan Payments that resulted in the Creator Earnings being forfeited are refunded to the relevant fans who made those Fan Payments.
Promoting Tax Compliance and VAT:
General:
We recommend that all Creators seek professional advice to ensure that you comply with local tax and VAT requirements according to your individual circumstances.
By using xfans24 as a Creator, you warrant (meaning you make a legally enforceable promise) that you have reported the receipt of all payments made to you in connection with your use of xfans24 to the relevant tax authority in your jurisdiction and will continue to do so as required by law.
By using xfans24 as a Creator, you warrant (meaning you make a legally enforceable promise) that you will at all times comply with all laws and regulations applicable to you relating to tax. If at any time while you have an xfans24 account a tax breach occurs in relation to you (including any failure by you to report income or the imposition of a penalty or interest in respect of tax against you) or if any legal proceedings, inquiry or investigation is commenced against you which are related to or may result in a tax breach, you agree that you will:
notify us in writing by email to info@xfans24.com within 7 days of the tax breach occurring or the commencement of the legal proceedings, inquiry or investigation; and
promptly provide us by email to info@xfans24.com:
details of the steps you are taking to remedy the tax breach and prevent a recurrence, together with any mitigating circumstances you consider relevant; and
such other information relating to the occurrence of a tax breach as we may reasonably request.
For the avoidance of doubt, you are responsible for your own tax affairs and we and our affiliates are not responsible for advising you on your tax affairs and are not liable for any general information provided on xfans24 or via info@xfans24.com relating to taxes and are not liable for any non-payment of taxes by creators.
We reserve the right to close your xfans24 account if we are notified or become aware of any non-compliance with your tax obligations.
ACCEPTABLE
USE POLICY BY USING OUR WEBSITE, YOU AGREE TO THIS POLICY - PLEASE READ IT CAREFULLY
This policy applies to your use of xfans24 and all content on xfans24, and is part of your agreement with us. This policy sets out what is and is not allowed on xfans24.
In this policy, defined terms have the same meanings as in our Terms of Service for all users.
Use xfans24 for personal use only, and do not sell, rent, transfer, or share your account or any content obtained through your use of xfans24 with anyone else.
Use xfans24 only in a manner and for a purpose that is lawful. Do
not upload, post, display, or publish on xfans24 any content that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, harassing, or that promotes or encourages violence or illegal activities.
Do not use xfans24 in any way that could exploit or harm people under the age of 18, or attempt to do so, including by exposing them to inappropriate content.
Do not upload, post, display or publish any content on xfans24 that:
shows, includes or references:
any person under the age of 18 (or which generally refers to people under the age of 18); or
any other person unless you have written documentation confirming that all persons shown, included or mentioned in your content are at least 18 years old and you have each person's written consent to use their name or likeness (or both) in the content;
shows, promotes, advertises or references:
firearms, weapons or other goods the sale, possession or use of which is prohibited or restricted;
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, scatology or excrement material;
"revenge porn" (any sexually explicit material that features a person who has not previously given their express and fully informed consent for such material to be recorded, captured or otherwise stored or posted and shared on xfans24);
escort services, sex trafficking or prostitution;
contains unsolicited sexual content or language that sexually objectifies another user or person without their consent, or contains fake or manipulated sexual content relating to another user or person (including "deepfakes");
contains, promotes, advertises, or references hate speech (that is, content intended to denigrate, degrade, dehumanize, exclude, attack, threaten, or incite hatred, fear, or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or other protected characteristics);
contain or reference any personally identifiable information or private or confidential information of another person (such as telephone numbers, location information (including street addresses and GPS coordinates), names, identification documents, email addresses, xfans24 login information including passwords and security questions, financial information including bank account and credit card information, biometric data and medical records) without the express written consent of that person;
either:
in the case of content depicting public nudity that is recorded in or broadcast from a country, state or province where public nudity is illegal; or
in the case of content depicting sexual acts that is recorded in or broadcast from a public location where the public can reasonably be expected to observe the performance of those acts (this does not include outdoor locations where no public is present, for example private property such as a private backyard or secluded areas in nature where no public is present).
gives the impression that it originates from us or any other person or company, or is approved, licensed or endorsed by us or any other person or company; that
causes, or is likely to cause, inconvenience or distress to others, or that is likely to upset, embarrass or seriously harm others;
is used or is intended to be used to extort money or other benefit from someone else in exchange for the removal of the content; and/or
involve or promote any third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placement, advertising or job postings or job advertisements without our prior express consent.
You must comply with all requirements set out in our Community Guidelines . Our Community Guidelines can be found here .
Do not use xfans24 to stalk, bully, abuse, harass, threaten or intimidate others.
Do not use xfans24 for misleading or deceptive conduct, or for conduct that is likely to mislead or deceive other users.
Respect the intellectual property rights of creators by not recording, reproducing, sharing, publicly communicating or otherwise distributing their content without permission.
Do not do anything that violates our rights or the rights of others. This includes intellectual property rights (examples include copyrights, trademarks, confidential information, and goodwill), publicity rights, rights against unfair competition, and 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 imply any association, endorsement, or sponsorship between you and us or any other person or company.
Do not provide false information during account registration or make unauthorized use of anyone else's information or content. Do
not post, or cause to be posted, any content that is spam, intended to artificially increase a creator's views or interactions, or that is otherwise inauthentic, repetitive, misleading, or of low quality. Do
not transmit, stream, or otherwise broadcast any recorded audio or video during a live stream, or attempt to pass off any recorded material as a live stream.
Do not use any other media or method (such as the use of code words or signals) to communicate anything that violates this policy. You
may not reproduce, print, distribute, download, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content except as permitted in the Terms of Service.
Do not knowingly introduce viruses, trojans, worms, logic bombs or other material into the Content which is or may be malicious or technologically harmful.
Do not decompile, disassemble or reverse engineer the source code of xfans24 or otherwise attempt to discover or derive it.
Do not use xfans24 in any way which could adversely affect our systems or security, or interfere with any other user's use of xfans24, including their ability to engage in real time activities through xfans24.
Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders and automated scripts) to access xfans24 or any server, network or system connected to xfans24, or to extract, scrape, collect, mine or gather content or information from xfans24.
Use the xfans24 name or logo, or related or similar names, logos, product and service names, designs or slogans, except in the limited manner expressly permitted in the Terms of Service or with our prior written consent.
Violations of this policy may result in suspension or termination of your account and revocation of access to your earnings in accordance with the Terms of Service.
COMPLAINTS POLICY
Introduction: This document sets out our complaints policy. If you are a user of xfans24, this complaints policy forms part of your agreement with us.
Who we are and how you can contact us: . We are a business in Austria with the GISA number:36542574 our
business address is
Augasse 115/2
2640 Enzenreith
Austria.
Interpretation: In this Complaints Policy, defined terms have the same meaning as in the Terms of Use for all users . In addition, the term “working days” means all days that are not Saturdays, Sundays or public holidays in Austria.
Who can use this complaints policy? Regardless of whether you are a user of xfans24 or not, you can use this complaints policy to bring any complaint you have about xfans24 to our attention.
How to make a complaint: If you have a complaint about xfans24 (including complaints about content appearing on xfans24 or the behavior of a user), please send your complaint to support@xfans24.com and include 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.
This is how we deal with complaints about illegal or non-consensual content: Upon receipt of your complaint about illegal or non-consensual content in accordance with
We will take such steps as we deem appropriate to investigate your complaint within a timeframe appropriate to the nature of your complaint;
if we require further information or documents from you, we will notify you;
We will investigate your complaint in good faith within seven (7) working days;
If we are satisfied that the content is unlawful or non-consensual, we will promptly remove that content and notify you of our decision by email or other electronic means.
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 means.
Any disputes regarding our determination that Content is non-consensual will be submitted by us to neutral arbitration at our expense.
How we handle copyright infringement complaints: Copyright infringement complaints must be filed in accordance with our DMCA Policy . We will respond to copyright infringement complaints in accordance with this policy.
How we handle other complaints: Upon receipt of other complaints (including complaints related to other violations of our Acceptable Use Policy):
We will take such steps as we deem appropriate to investigate your complaint within a timeframe appropriate to the nature of your complaint;
if we need further information or documents from you, we will let you know;
We will use our best judgment to take such action as we deem appropriate to resolve the issue raised by your complaint. If you have complained about content appearing on xfans24 If the content appears to violate our Acceptable Use Policy, and we are convinced that the content otherwise violates our Acceptable Use Policy, we will act quickly to remove it;
we are under no obligation to inform you of the outcome of your complaint.
Unjustified or abusive complaints : If you are a user of xfans24, you warrant (meaning that you make a legally enforceable promise) that you will not submit complaints under this Complaints Policy that are wholly unjustified, abusive or made in bad faith. If we determine that you have breached this guarantee, we may suspend or terminate your user account.
