Creator Terms

OF THE WEBSITE JOINFANS.CO applicable from July 24th, 2024

CREATOR TERMS

We operate the website JoinFans.co (the “Site“, “JoinFans“) as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“, “we”, “us”, “our”, “ours”).

When you sign up as a creator to JoinFans, you enter into a binding agreement with us and with all the people that may subscribe to your content or purchase it (the “Fans“)

TABLE OF CONTENTS

  1. Introduction
  2. Definitions
  3. Additional Terms
  4. Fees charged to creators
  5. Setting up your creator account
  6. Co-creators
  7. Personal Legal Responsibility
  8. Your content
  9. Use of services
  10. Account deletion
  11. Account Termination
  12. Dispute Resolution
  13. Contact us

1. INTRODUCTION

These Terms of Service for Creators (“Creator Terms“) are additional terms which apply if you use JoinFans as a Creator. These Terms form part of your agreement with us.

2. INTERPRETATION

Defined terms have the same meanings given to them in the Terms of Service for all Users. Additionally:

  • “VAT” means value added tax as applicable.
  • “Tax” includes all forms of tax and statutory governmental charges.

3. ADDITIONAL TERMS

The following terms also apply:

  • Terms of Service
  • Privacy Policy

4. FEES CHARGED TO CREATORS

4.1 Fee structure

JoinFans charges a fee of twenty-five percent (25%) of all Fan Payments made to you (exclusive of any VAT). This fee is referred to as “Our Fee”. This fee includes the payment processing costs. The remainings seventy-five percent (75%) of the Fan Payment (exclusive of any VAT) is payable to you and is referred to as “Creator Earnings”.

4.2. Payment Processing

  • Fan Payments: All Fan Payments are processed by a third-party payment provider approved by us.
  • Payout Options: You must select one of the available payout methods provided by JoinFans to receive your Creator Earnings. These methods may include direct bank transfer, payment through e-wallets, or other methods as available and subject to change. To be specified depending on what is possible in that regard

4.3 Changes to Fee Policy

We reserve the right to unilaterally change the fee policy, including the percentage of Our Fee, at any time. If we make changes to the fee policy, the following will apply:

  • Notice of Changes: We will inform you at least 30 days in advance of any changes to the fee policy by email.
  • Right to Retract: If you do not agree to the changes, you will have the right to terminate your Creator account within this 30-day notice period without any penalties. Your continued use of JoinFans after the notice period will constitute your acceptance of the new fee policy.

4.4 VAT and Taxes

  • VAT: If you are registered for VAT, you must provide us with your valid VAT number. VAT will be applied to Fan Payments at the prevailing rate.
  • Tax Compliance: You are responsible for complying with all applicable tax laws and reporting requirements in your jurisdiction. JoinFans is not responsible for advising you on your tax obligations. If you are registered for VAT, you must provide us with your VAT number and comply with all VAT reporting requirements. If you are subject to corporate registration in your jurisdiction, you must also provide us proof of such registration.

4.5 Minimum Payout Amount

Threshold: There is a minimum payout amount of $10. Amount to be confirmed depending on what is possible / recommended

4.6 VAT Refunds and Chargebacks

Refunds: If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount from your account. Any content that has been refunded will be deleted from the Site. We are not liable for any subsequent use of such content other than on the Site.

4.7 Payment timeline and Withholding of earnings

  • Indicative timeline for payments
  • Investigation Period: Earnings may be withheld for the duration necessary to investigate the alleged breach or unlawful activity. If it is determined that you have breached the Terms or engaged in unlawful activity, we may forfeit your withheld earnings.
  • Breach of Terms: We may withhold all or part of your Creator Earnings if we believe you have breached any part of these Terms or if there is suspected unlawful activity.

4.8 Fee Disputes

Resolution: Any disputes regarding fees must be raised within 30 days of the transaction. We will work to resolve any disputes as quickly as possible but are not liable for any delays in the resolution process.

5. SETTING UP YOUR CREATOR ACCOUNT

To set up your Creator account, you must:

  • Upload a valid photo ID and a photo of yourself you’ve just taken. Consistency between the ID and the photo you provide will be checked.
  • Add your company or VAT number as required by your jurisdiction
  • Upload a minimum of 100 photos of yourself, in accordance with our Acceptable Content Policy.
  • If you feature any third-party on your pictures, such third-party must be at least 18 years old, go through our ID verification process, and provide by email to us their written consent to appear on your account.
  • Add your bank account or payment details.
  • Select a payout option.

You may be required to provide additional information depending on your country of residence. We reserve the right to reject your application for any reason.

6. CO-CREATORS

  • Consent and Rights: If your content includes other individuals, you must have their written consent and they must be legally capable of granting such consent. All individuals must be verified as adults.
  • Revenue Sharing: You are solely responsible for dividing and distributing any revenue generated from co-authored content between the individuals involved.

7. PERSONAL LEGAL RESPONSIBILITY

You are personally responsible for ensuring compliance with these Terms. If you have an agent or third party managing your account, this does not affect your personal legal responsibility.

JoinFans cannot be held responsible for disputes that may arise between Users, including those involving third parties.

We will perform checks on the Content in order to keep our community safe and ensure compliance with all applicable laws and regulations. You remain legally responsible for the Content you post on our Site.

If the authorities conduct an investigation involving you and request information from us, we will comply with their requests.

8. YOUR CONTENT

8.1 General Terms

  • Your content must comply with all applicable laws and our Acceptable Content Policy, below.
  • You warrant that you hold all necessary rights to the content you post.
  • You authorize your Fans to access and view your Content for their personal use.

8.2. Acceptable Content Policy

  • Content Limitations: It is strictly prohibited to display minors, violence, rape, extreme fetishes, hate speech or any other illegal or harmful activity in your Content
  • Quality: Your content must be of satisfactory quality, and as represented in any advertising or promotional materials.

8.3. Ownership and Rights

  • Content Ownership: You must either own your content (including all intellectual property rights) or have a valid license to offer and supply your content to your Fans. This includes securing all necessary rights, licenses, written consents, and releases for any third-party material used in your content.
  • License to JoinFans: By posting or uploading content on JoinFans, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the operation of the Site.

8.4. Confidentiality and Privacy

Non-Confidential Content: You authorize your Fans to access and view your content for their own personal use, in accordance with any licenses that you grant to your Fans in the Standard Contract.

8.5. Indemnification

You agree to indemnify us for any breach of the Creator Terms. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with these obligations.

8.6. Monitoring and Enforcement

Right to Remove Content: We reserve the right to remove any content that violates these Terms, or that we deem inappropriate for any reason at our sole discretion.

8.7. Advertising Content

Transparency: You are allowed to do paid advertising through the pictures you upload on JoinFans. But you must disclose, by including the signifier #ad or similar, that your content includes an advertisement.

8.9. User Feedback and Contributions

  • License to Feedback: If you provide feedback or suggestions about the Site, we may use such feedback without any obligation to you.
  • Contributions: Any contributions you make to the Site (such as suggestions, ideas, or feedback) are non-confidential and become our sole property.

9. USE OF SERVICES

By using JoinFans, you agree to:

  • Provide accurate and complete information.
  • Maintain the security of your account.
  • Report all payments made to you in connection with your use of JoinFans to the relevant Tax authority in your jurisdiction, as required by law.
  • Comply with all applicable laws and applications.
  • Comply with our Terms of Service

10. ACCOUNT DELETION

In order to delete your account, email us at contact@joinfans.co with the object CREATOR ACCOUNT DELETION.

11. ACCOUNT TERMINATION

We reserve the right to terminate or suspend your account if you breach these Terms or engage in unlawful activities. You are prohibited from creating a new account if your previous account was terminated.

12. DISPUTE RESOLUTION

Any disputes arising from these Terms will be resolved in accordance with the laws of France. The courts of Paris, France, shall have exclusive jurisdiction.

13. CONTACT US

For any questions or concerns regarding these Terms, please contact us at: contact@joinfans.co and write “LEGAL” in the object of your email. Writing to us is also possible: JoinFans, 71 ter chemin des carmes 31400 Toulouse, FRANCE