Terms & Conditions

Definitions

Here are some definitions which are used in this document (all capitalised):

  • Website - www.instafans.com
  • "Platform" - InstaFans website including trading names InstaFans, Insta Fans, IFans, I Fans, InstaFans.com
  • "Platform Operator" - periodic
  • "Creator" - a user who provides social media content to a Fan in exchange for payments.
  • "Fan" & "Consumer" - a user who pays a subscription payment to access the content provided by a Creator. An individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  • "Creator Contract" - a contract for the supply of Online Services.
  • "Online Services" - the provision of the production and publishing of social media content including pre-recorded videos, photos and prewritten content.
  • "Visitor" - a user who has not yet registered an account or logged into their account and therefore cannot yet be assumed to belong to the category of Creator or Fan. Any user who does not fit into the Creator or Fan criteria will be considered to be a Visitor.
  • "User" - all types of users including Visitors, Fans and Creator.
  • "Content" - all information of whatever kind (including profiles, posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).
  • "Review" - any review, comment or rating.
  • "Service" - our website, the platform, the services we offer by means of our website and any related software and services.

The Website, The Service and the Platform are operated by The Platform Operator.

Singular and Plural

References to the singular include the plural and vice versa.

Introduction

These are our terms and conditions which apply to our Platform We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

The following general terms and conditions apply to all Users, Creators, Fans and Visitors to the Website. By using this Website, you are agreeing to these terms. If you do not agree to these terms, please do not use this Website.

Using Our Service

Forming a contract to use our platform

By accessing our website or registering on our website, you offer to enter a legal contract with us to use our platform. This is separate from the Contract between Creators and Fans (see below). We accept your offer and there is a binding legal contract when you enter this site and press the “I’m over 18 and I agree to the Terms & Conditions” button.

Age Restriction

The Website is an adult website. If you are under the age of 18 years, or the age of majority in the location from where you are accessing this website, you must not use The Website.

The Platform does not have nor can it have knowledge of the personal data of the Users, Fans, Creators or Visitors of its products and services since in any case a completely anonymous telematic contracting takes place from the point of view of the Platform Operator and cannot therefore be held responsible of the use made by a minor age with a mobile phone or credit card. The Platform Operator cannot in any way replace the "parental control" that the guardian or head of the family must exercise over the minors for whom he is responsible, therefore, we suggest restricting our services to them, warning that it will be considered responsible for all purposes, the owner of the credit card or mobile phone number to which the provision of the service is associated.

The parents, guardians or legal representatives will be responsible for all the acts carried out through the Portal by the minors in their charge.

Content

Adult Content

The Website contains sexually explicit material and is intended solely for consenting adults who are interested in and not offended by adult subjects like sex work, prostitution and sex. You must not use The Website if you are offended by any of its content, if you are not legal age and you have not turned 18 or if you are accessing it from a location where your use of it could be deemed a violation of any law.

All persons appearing on this Website are of legal age. The Platform has a zero-tolerance policy against illegal pornography.

Intellectual Property, Ownership & Copyright

Unless otherwise specified the contents of all the pages of this website are owned by and copyright to the Platform Operator. The Platform Operator respects the intellectual property rights of third parties and ask that all users do the same. If you believe that any intellectual property rights have been infringed on The Website, please notify The Platform Operator.

The Creator confirms that it is the copyright owner, licence holder and controller of all intellectual, industrial, images, pictures, videos and property rights for the content uploaded to the Platform.

The Creator indemnifies the Platform against any claims for violation of copyright or other intellectual and industrial property rights for content it has uploaded to the Platform without the correct licence or permissions.

The Creator gives express permission for the Platform to use all of the content uploaded to the Platform and display it on the Website.

The intellectual and industrial property rights in all material used on or in connection with our Platform are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior express and written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior express and written consent.

If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, without limits and forever, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.

Third Party Content & User Generated Content

The Website contains material submitted and or uploads by third parties. All third-party material contained in this Website is the sole responsibility of the third party. The Platform Operator does not accept any responsibility for the accuracy of any third-party material on the Website nor is any warranty expressed or implied by publication.

The Platform Operator assumes no responsibility and specifically disclaim and exclude all liability to any person for any loss or damage of any nature or however arising from any third-party material published on the Website.

By submitting any material to the Platform, you automatically grant The Platform Operator the royalty-free, perpetual, irrevocable, unlimited, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that The Platform Operator is not obliged to publish any material submitted by you.

You agree to indemnify and hold The Platform Operator harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of material you submit to the Website.

If you upload Content to our Service

You are responsible for your Content.

You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions, especially those referring to rights of use, advertising and image, as well as not you are violating third party rights.

You hereby confirm that:

  • All persons depicted in the content are of legal age and that you have seen and hold a copy of identify and age verification documents
  • All persons depicted in the content have consented to its production and you hold the necessary legal documents such as model release forms to prove this
  • All persons depicted in the content have consented to its distribution and you hold the necessary legal documents such as model release forms to prove this
  • All persons depicted in the content have consented to its ability to be downloaded and you hold the necessary legal documents such as model release forms to prove this
  • That this content is not illegal and does not violate any other parts of these terms and conditions or contravenes any applicable or local laws and does not subject The Platform to any claims, demands, lawsuits, regulatory actions or any actual, potential or risk of liability or threats thereof

We may request copies of the documents listed in parts A-D above and failure to provide these documents within a reasonable time period will be a violation of these terms and conditions and will result in the content being removed and possible closure of your account.

We will monitor through both automated and manual means all content including messages and comments for illegal content or content that violates our terms. We may edit, hide or remove any piece of content for any reason at any time.

We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, if we consider that privacy rights may have been violated or that of a third party or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

The information or data uploaded by the Creators, Users or Fans must be truthful at all times, vouching for all statements, data, content, information and details that are false, vague or inaccurate.

It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused or if you do not have full rights to such content.

We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

We may irretrievably delete your Content without telling you after this agreement ends.

Promotional Use of Copyrighted Material

Users give permission for the Platform to use any content uploaded to the Platform for promotional purposes without payment of royalties or requirement of licences.

Links

The Website contains links to other websites which are not under The Platform Operators control. The Platform Operator is not responsible for the prejudices that the other websites may cause to you, the content of and do not endorse the material on these other websites. The Platform Operator provides these links for your convenience only. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

Using Our Service

Your right to use our Service

We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

Who can use our Service?

You can not use, or attempt to register on, our Service if:

  • you are below 18 years of age;
  • display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country doesn’t permit such a Service or display of or access to such material at all or because you are under the relevant age limit); or
  • you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty, dissemination, disclosure or transfer to third parties of data, discovered facts or images captured from material that is not your own or illegal.

Acceptable use of our Service

You undertake not to do any of the following in connection with the Service:

  • breach any applicable law, regulation or code of conduct;
  • upload any Content (including links or references to other content), or otherwise behave in a manner, which:

    • is defamatory, threatening, harassing, invasive or forcing of privacy, racist, xenophobic, religious, animal mistreatment, hateful, discriminatory, promoting of self-harm, misleading, abusive or deceptive;
    • contains child pornography or those who can simulate experiences with minors or incite child prostitution in any way;
    • contains non-consensual sexual behavior (any form of sexual interaction that does not have explicit consent);
    • contains notions of rape, both actual and simulated;
    • contains bestiality (sexual acts with an animal) or animal mistreatment;
    • contains drug / alcohol abuse;
    • contains incest (sexual acts between persons who are related by blood) (both simulated and real);
    • contains defecation, hardsports, scat or coprophilia (use of feces in a sexual context);
    • contains bondage presented in sexual context activities;
    • infringes any intellectual, industrial property, image rights or other rights of others;
    • contains images or messages of terrorism;
    • contains impersonate other people's identity by any means;
    • contains harassing people;
    • involves phishing or scamming or similar or attempted fraud; or
    • we otherwise reasonably consider to be inappropriate;
    • reveal any information that enables you to be personally identified or contacted by other Users other than through the Service including last name, postal / email address or telephone number;
    • upload any Content which includes someone else’s personal information or unauthorized images of other people;
    • impersonate any person or entity in order to mislead others;
    • upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
    • use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
    • use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
    • do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
    • do anything which may negatively affect other Users’ enjoyment of the Service;
    • gain unauthorised access to any part of the Service or equipment used to provide the Service;
    • intercept or modify communications to or from the Service;
    • circumvent any security or other features of the Service including features that restrict use or copying of Content; or
    • attempt, encourage or assist any of the above.

You undertake to:

  • comply with all of the rules or requirements on our Service;
  • promptly comply with any reasonable request or instruction by us in connection with the Service; and
  • ensure that any contact or other information which you supply to us is accurate, legal and not misleading and you will tell us if there are any important changes.

You further agree:

  • not to use the service to allow or facilitate payments for:

    • Escort services
    • Escort bookings
    • Meetings
    • Face to face sessions
    • Any in person services

This includes both past, present or future activities. Any violation of this term will result in immediate account closure.

Dealing with other Users

You accept that we have no obligation to vet or monitor Users or their Content. We don’t endorse or recommend any Creators. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for such Content or in connection with any dealings between Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.

You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.

In your own interests, you should not attempt to contact any other User other than through the Service.

You acknowledge that we may permit Users to post Reviews about you and that these will be publicly available. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you.

Your account

Unless otherwise specifically stated on our Service, your account is for your personal use only or for the purposes of your business activity as an Creator and is non-transferable. You agree not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

Functioning of our Service

We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.

You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service

Ending or suspending this contract

You may at any time end your contract with us by closing / deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund of any payments made to an Creator.)

We are entitled at any time (with or without notice) to end this contract or suspend part or all our Service or impose restrictions on our Service if:

  • we have reason to believe that you have breached any of our terms and conditions;
  • any fees payable by you are unpaid / unjustifiably charged back;
  • we think that it is necessary to protect us or others; or
  • we are required to do so by law or appropriate authority.
  • for any other reason

We are entitled at any time end this contract by email notice if we terminate our Service as a whole.

If either of us ends this contract:

  • Your right to use our Service and all licences are terminated.
  • Existing rights and liabilities are unaffected.
  • All clauses in this contract which are stated or intended to continue after termination will continue to apply.
  • You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

Liability - restrictions on our legal responsibility (IMPORTANT)

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

Very important:If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • there is no breach of a legal duty owed to you by us or by any of our employees or agents;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • such loss or damage is caused by you, for example by not complying with this agreement; or
  • such loss or damage relates to a business of yours.

Very important:If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are not a Consumer:

  • Our total aggregate liability of any kind (including our own negligence) is limited, at the most, to the total fees paid by you to us in connection with our Service.
  • In no event (including our own negligence) will we be liable for any:
  • economic losses (including, without limit, loss of revenues, profits, contracts, income or business expectations, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data(even if we have been advised of the possibility of such losses).
  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Creator Contract

Just a Platform

Our Service constitutes a neutral platform whereby Creators can arrange to supply Online Services directly to Fans under the Creator Contract. We are not a party to that contract and do not supply those services.

The Creator appoints us as its agent to arrange the supply of those services and for collecting their income. You acknowledge that any legal recourse arising from breach of the Creator Contract is against the other party to the Creator Contract and not against The Platform.

Agency Services

The Creator agrees to appoint the Platform Operator as its undisclosed agent for the purposes of arranging supplies of services that will be made available to third party subscribers/customers (Fans) and to collect funds from their Fans.

The Creator acknowledges that it is supplying the service directly to the Fan and The Platform will have no direct contractual relationship with the Fan.

No Employment Relationship

The Creator is an independent contractor and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

The Creator is not as an employee of The Platform Operator. In addition, the Creator is providing the services under this Agreement, directly to the Fan, solely at their own direction and under their own supervision. Nothing herein shall be construed as creating an employer/employee relationship between The Platform Operator and the Creator or placing the parties in a partnership or joint venture relationship. The Creator will not be eligible for any employee benefits, cash bonuses or other commissions.

Non-Exclusive Agreement

Each party acknowledges that this is not an exclusive agreement and that each party may contract with other parties providing same or similar services.

Payment by Fans

VAT

For the purposes of VAT, Article 28 of the EU VAT Directive refers to an undisclosed agent stating that ‘where a taxable person acting in his own name but on behalf of another person takes part in a supply of services, he shall be deemed to have received and supplied those services himself’. The sale of goods by an undisclosed agent is treated as a simultaneous supply to, and by, the agent.

The Platform acts as an undisclosed agent for The Creator.

Solely for the purposes of VAT, The Platform will be deemed to be the Principal in the sale of all electronically supplied services to the Fan.

In instances where The Fan is resident within the EU, The Platform will charge VAT at the rate applicable to the country in which The Fan is located and submit this VAT to the Spanish VAT authority under Non-Union VAT MOSS scheme.

Taxation

We (the platform and platform operator) are not lawyers or tax advisors and the following should NOT be taken as tax advice. You are fully responsible for your own reporting of taxes and compliance with your obligations. If in doubt, please seek professional tax advice.

The Creator is fully liable and responsible for all local taxes and compliance, which may include but is not limited to: Local sales tax, VAT, income tax, corporation tax, national insurance, turnover taxes and other direct and indirect taxes, applicable to the country in which you (the Creator) is resident for tax purposes.

You (The Creator) acknowledge and confirm that you are fully aware, liable and responsible for all tax reporting obligations and indemnify the platform against any claims for taxes by any person or tax authority that may seek to claim unpaid taxes from us on your behalf or attempts to hold us jointly or severally liable.

Payment by Fans

In order to avail of Online Services, you (the Fan) must pay the relevant subscription fee to the Creator in advance. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. You can also pay tips and other payments for electronically supplied services to the Creator if you wish.

All subscription payments, tips and other payments are payments to the Creator and we collect these payments from you on behalf of the Creator. The supply of the Online Service takes place directly between the Creator and the Fan. The platform acts solely as the agent of the Creator for these purposes and no supply takes place between The Platform and the Fan.

If stated when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due, on behalf of the Creator, in accordance with this agreement.

Creators may at any time change their subscription prices. If the Creator changes their subscription price, your subscription will automatically be terminated at the next renewal date and you (the user) will have to take out a new subscription if you wish to continue availing of the Creators service after the termination.

You must contact us immediately with full details if you dispute any payment.

Taxation

We (the platform and platform operator) are not lawyers or tax advisors and the following should NOT be taken as tax advice. You are fully responsible for your own reporting of taxes and compliance with your obligations. If in doubt, please seek professional tax advice.

The Creator is fully liable and responsible for all local taxes and compliance, which may include but is not limited to: Local sales tax, VAT, income tax, corporation tax, national insurance, turnover taxes and other direct and indirect taxes, applicable to the country in which you (the Creator) is resident for tax purposes.

You (The Creator) acknowledge and confirm that you are fully aware, liable and responsible for all tax reporting obligations and indemnify the platform against any claims for taxes by any person or tax authority that may seek to claim unpaid taxes from us on your behalf or attempts to hold us jointly or severally liable.

Payment by Fans

In order to avail of Online Services, you (the Fan) must pay the relevant subscription fee to the Creator in advance. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. You can also pay tips and other payments for electronically supplied services to the Creator if you wish.

All subscription payments, tips and other payments are payments to the Creator and we collect these payments from you on behalf of the Creator. The supply of the Online Service takes place directly between the Creator and the Fan. The platform acts solely as the agent of the Creator for these purposes and no supply takes place between The Platform and the Fan.

If stated when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due, on behalf of the Creator, in accordance with this agreement.

Creators may at any time change their subscription prices. If the Creator changes their subscription price, your subscription will automatically be terminated at the next renewal date and you (the user) will have to take out a new subscription if you wish to continue availing of the Creators service after the termination.

You must contact us immediately with full details if you dispute any payment.

Payment to Creators

Subject to your compliance with this agreement, The Platform shall use reasonable endeavors to pay The Creator at whatever intervals we decide by whatever method we specify the amount of the payments that, as your agent, we received from your Fans on your behalf subject to the deductions mentioned below.

Refund Policy

Having informed The User about the prices, terms and conditions of our products and being accepted by the User upon purchase, we inform the User that each claim will be evaluated individually before making any returns or refunds.

By default, if the User has not carried out the automatic unsubscription process within the established period, no refund will be made. A user may cancel the subscription for the next renewal period, never for the ongoing one by choosing "My Subscriptions" and pressing "Cancel" beside the relevant subscription within the User dashboard, or by contacting us

via email:mail

To request a Refund, the user can contact us via email:mail

to be attended by one of our agents. Once a return or refund is confirmed, if the payment was made by card, it will be effective on the card used in the purchase (not by other methods) within a maximum period of 10 business days.

Fees

We will charge you (the Creator) a fee for acting as your agent in relation to the relevant transactions. We will deduct this fee (plus taxes where applicable) from the gross payments collected from your Fans before we pay them out to you.

We may at any time change the amount of our fee. If so, we will give you notice by email. Any payments received from Fans after the notice period will be subject to our new fee.

Deductions

We are entitled in our discretion and as part of our service to you (the Creator) to act as an intermediary collection agent, to refund to the Fan on your behalf all or part of the Fan payment insofar as the Fan makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion. We are entitled to deduct the amount of such refund from any other payments due to you and you are liable to repay any shortfall if the relevant Fan payments have already been paid to you.

We are entitled to deduct from the payments due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.

You are responsible for making up any shortfall arising from charges made by your bank.

DAC7

DAC7 is a European Union directive aimed at ensuring tax transparency and facilitating the automatic exchange of information in the digital platform economy. It obliges Platform Operators to apply due diligence rules and procedures on providers/Creators. Platforms are to collect certain tax-relevant information from providers and verify the reliability of the information provided.

This regulation applies to all providers who are tax resident in the EU.

We are required to collect, verify and report the following information to tax authorities.

  • Full name
  • Date of Birth
  • Country of tax residence
  • Bank account information
  • Address
  • TIN (Tax identification number)
  • VAT number (where applicable)

You can supply this information to us via your account dashboard. We will store it securely and only transmit it to the tax authorities when required.

Where Platform Operators have reason to believe that any of the information provided may be incorrect, based on information provided by the competent authority of a Member State or Partner Jurisdiction, it may request the provider to rectify that information and supply documentary evidence.

Providers/Creators who refuse to comply with the regulation will have their payouts disabled until the information is provided and/or their accounts terminated.

By agreeing to these terms and conditions you consent to the collection, storage and transmission/reporting of this information to the relevant tax authorities.

Creator Online Services

Subscriptions

A subscription will be made up of the main service of electronically supplied elements which include pre-recorded video, photographs and pre-written content.

There may be secondary services to the main service such as live streams, messaging, comments interaction etc but these services are given at the discretion of the Creator and access to these secondary services is not a defined service covered by the payment of the subscription and therefore the receipt of these services cannot be guaranteed.

You will have access to the main service content for the duration of your subscription and for the price that is displayed unless special circumstances are encountered (such as the Creator taking their profile offline) where our cancellation policy will come into effect.

In the event an Creator changes their subscription price:

  • (a) And the price is lower: Your subscription will renew at your next renewal date at the new lower price and will NOT be cancelled.
  • (b) And the price is higher: Your subscription will not renew at your next renewal date and will be cancelled.

Tips

Tips are commonly used as a mechanism to pay for services such as the right to receive content or the right to contact a creator and should not be treated as a gift, given freely, for the purposes of this agreement.

Other payments

Payments may be made by Fans for other unspecified items which are delivered electronically including but limited to personalised videos or photographs and messaging services.

Payment charges and fees

Some payment methods will include an additional fee. This will be displayed at the checkout and itemised in both the Fans receipt in the dashboard and in the Creator pay-out report.

Miscellaneous Terms

Privacy

You acknowledge and agree that we may process your personal information in accordance with the terms of our https://www.instafans.com/privacywhich is subject to change from time to time.

You will have access to the main service content for the duration of your subscription and for the price that is displayed unless special circumstances are encountered (such as the Creator taking their profile offline) where our cancellation policy will come into effect.

Support

We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time.

Events outside our control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures, force majeure and pandemics.

No guarantees of service

Creator acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.

Compliance

Creators acknowledge that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Creators Contract and it is the responsibility of Creators to satisfy themselves thereof.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

Guidance

If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

Headings

Headings used in this agreement are for information and not binding

Complaints

If you have any complaints, please contact us via the contact details shown below.

Notices

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above).

Disclaimer

Use of this The Website is at your own risk. The Platform Operator make no warranties or representations as to accuracy or reliability of any of the material published on the Website. The material on the Website does not constitute advice and you should not rely on any material in The Website to make any decision or take any action. The Platform Operator does not make any representation as to the reliability of access to the Website. In no event does The Platform Operator accept liability of any description for any damages or losses whatsoever resulting from use of the Website or the Platform.

Validity and Enforcement

If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later).

Jurisdiction & Governing Law

The website is operated from Spain. The legislation that will apply to any dispute will be Spanish and, expressly waiving your jurisdiction, the Courts of Las Palmas de Gran Canaria, Canary Islands, Spain, will have exclusive jurisdiction over all claims or disputes that arise in relation to, outside or in relation to the website or the platform and its use and these terms.

Language

We will accept legal notices in English and Spanish.

The Platform is operated from Spain, but the language of our target markets is mainly English. Therefore, we will accept notices in both languages.

Contact

Our company name is:

Our postal address is: Avenida del Atlántico, 9 Residencial Winter Gardens, Bloque 3, Oficinas, San Miguel de Abona, 38639, Spain

You may email us at: mail

You may also use the contact form on the Website.

Our company registration number is: register-num

Our tax id is: tax-num

Updates

These terms may be updated from time to time without notice to you. You should review this page periodically for changes.

Last updated: 1st October 2021

Version: 0.9