Welcome to MY.Fans

These Terms of Use (hereinafter referred to as the “Terms of Service” or “Terms & Conditions”) shall govern the relationship between Evaline Corp, an entity, bearing Registration Number: 21803501, and having its principal office at Primátorská 296/38, Liben (Praha 8), 180 00 Praha (hereinafter referred to the “Company” or “MY.Fans” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “fan(s)”), and shall govern your use of our website – https://www.my.fans. (hereinafter referred to as the “Platform” or “Site” or “Website”).

MY.Fans is an internet content subscription service that allows you to connect, follow, and meet your favourite creator on our platform by paying a subscription fee to subscribe to their paid content. (hereinafter referred to as the “Service”)

In case you are a Creator, please refer to our Terms for Creators These Terms are applicable on the general visitors and the fans.

Please read these Terms carefully, as these, along with our Community Guidelines and Privacy Policy statement forms the entire agreement between you and MY.Fans. If you do not accept these Terms in its entirety, then you shall not use our Platform.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms shall be read in conjunction with our Community Guidelines and Privacy Policy statement.

1. ACCEPTANCE OF THESE TERMS

By accessing, registering, or using the Site as a fan, or by subscribing to any Creator’s content on the Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website.
2. You musb be 18+ aged to use our service. Therefore, you hereby represent that you are of sound mind and at least of the legal age (adult) as per the jurisdiction of the State in which you reside (in most jurisdictions, this age is 18 years), in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to register on, and/or make payments on the website. In case you are under the age of 18, you are not allowed to use our website.
3. You are not prohibited by the laws to which you are subject from accessing the Platform or its Services, or from engaging with any content of the Creator (including adult content).
4. We must not have previously disabled your account for violation of law or any of our policies.
5. You agree, understand and acknowledge that the we are an intermediary platform that connects you with the third-party independent Creators and their content (Service Providers), and as such we are only a facilitator between the Creators and the fans, and we cannot be a party to or control in any manner any provision of service by such Creators, or the transactions that you may enter into with such Creators, or your interaction with them or their content. Accordingly, the contract of sale of service shall be a strictly bipartite contract between you and the respective Creator, and we shall not be liable to you for deficiency or non-provision of services or content in any manner.
6. You have read, understood and consented to our Community Guidelines and Privacy Policy statement posted on our website.

2. IMPORTANT TERMS

For the purposes of these Terms, and all other policies of MY.Fans, the following capitalised terms shall have the following meaning:

1. ‘User(s)’ or ‘Fan(s)’ shall refer to the users who register on the Platform as ‘Fans’ and who is able to engage with the Creator’s content.
2. ‘Creator’ or ‘Service Provider(s)’ shall refer to the content creators registered on the Platform as ‘Creators’ to post content to share with the fans.
3. ‘MY.Fans’ shall refer to Evaline Corp, an entity, bearing Registration Number: 21803501 and having its principal office at Primátorská 296/38, Liben (Praha 8), 180 00 Praha
4. ‘MY.Fans Content’ or ‘Our Content’ shall refer to all the content belonging to MY.Fans on the Platform, including without limitation, trademark, tradename, domain, logos, text, graphics, images, software, information or other materials.
5. ‘Service Provider’s Content’ shall refer to all the content posted by the Creators on the Platform.
6. ‘Platform’ shall refer to the platform of MY.Fans, and shall include the website.
7. ‘Service’ shall refer to the services of the Platform provided by MY.Fans through its website.
8. ‘Tax’ or ‘Taxes’ mean any taxes, whether municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
9. ‘Terms’ shall refer to these Terms of Use as applicable to the fans, and other general users or visitors of the Platform.
10. 'website' shall refer to https://www.my.fans.

3. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

1. Account: To access various parts of the Platform, and to avail various Services, you are required to register and create an account with us. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
2. Social Media Signup: Besides having the option to sign up using email, you also have an option of signing up using your social media accounts, such as Facebook, Twitter, and Google accounts. In case you choose to sign up using your social media account, then in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media account. We are not liable for the actions of any social media accounts.
3. Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account by any third party, including minors.
4. Inaccurate information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services. For example, if we come to realize that you have created an account with the sole purpose of stalking, harassing or threatening the Creators, then we might remove your feedback and terminate your account.
5. no selling: You are expressly prohibited from sharing or selling or transferring or gifting your account to any other person or entity, without our prior written consent.
6. Deleting your account: You can delete your account from our Platform at any time. If you are unable to delete the account at your end for any reason, please contact our support team. Once you delete your account, this action is final and cannot be undone. To start using the Platform again, you will then have to create a new account and start afresh.

4. HOW TO USE THE PLATFORM?

1. Allowed uses:
1. Non-exclusive license: Please note, the content of the Creators, and our Site, App, and all of its services, features and functionalities are being provided to you on a non-exclusive basis. Specifically, we only grant you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services for which you have paid the required fees. When you subscribe to a Creator’s content, you merely receive the above-mentioned license to view the Creator’s content for the duration of your subscription. You are not purchasing the Creator’s content with your subscription, and you are expressly prohibited from sharing, storing, transferring, uploading, or exploiting the Creator’s content or their intellectual property rights in any manner whatsoever. We reserve the right to revoke this license if at any time you are found to be misusing our services or breaching these Terms or our Community Guidelines.
2. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform.
3. Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself. All the submitted information will be processed in accordance with our Privacy Policy statement.
4. Community Guidelines: If you believe any content on the Platform is in violation of our Community Guidelines, please report it to us.
5. Content: You acknowledge that you are aware that some of the content on our Platform contains 18+ content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing content containing 18+ material.
6. material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, images, video, graphics, sound material, published on the Platform, whether a copyright of MY.Fans, Creators, other fans, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
2. Restricted uses :
1. You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
2. You cannot engage in stalking, threatening, disparaging, defaming, or in any manner harassing any other user.
3. You may be able to interact with the Creators. However, you cannot text, post, raise, or comment on any political, racist or such other issue which affects a person, community or society. You must not be abusive, threatening, or defaming. Moreover, there must not be advertisement or solicitation of any sort in the or comment. We reserve the right to remove comment that violates any of our policies or applicable law.
4. You cannot text or post or comment or transmit or upload any content or comment or message that is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever.
5. The fan must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
6. The fan must not:
• republish material from this Platform;
• sell, rent or sub-license material from the Platform;
• show any material from the Platform in public without our consent;
• edit or otherwise modify any material on the Platform (other than editing your own information/posts/contents as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
• redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Creators, other users, licensors or any third party;
• We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
7. You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
8. The fan must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
9. The fan must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform.

In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion, in which case, you shall not be entitled to receive any refund for the unutilized portion of your subscription (if any).

5. OUR CONTENT AND OUR RIGHTS

Our website, domain, (https://www.my.fans) , software, platform, logos, MY.Fans Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of MY.Fans, Creators, and/or its licensors, as the case may be. Your use of or access to our Site or Platform or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, our services, any content (except your own content), designs, published by us or Creators, or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to MY.Fans and are protected under applicable law. No use of a trademark, trade dress, trade name, domain, content or design appearing on our website may be made without the prior written permission of MY.Fans.

6. COMMENT POSTED BY YOU

1. Your content is yours: The content, such as comment posted by you as a fan, may be protected by intellectual property laws. You own the intellectual property rights in any such comment.
2. Licence: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this comment of yours.
3. Description of license: Specifically, when you share a comment, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your comment. However, we do not have any responsibility to use or display any part of your comment on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, we might not display the same and remove it.

7. CONTENT POSTED BY CREATORS AND OTHER USERS

1. While using our Platform and our Services, you will encounter content or information (such as bio, photos, videos, etc.) that is posted by Creators and the comments posted by other fans. Therefore, there is a likelihood that such information or content be adult, inaccurate, inappropriate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful or contain nudity. MY.Fans generally does not review content provided by our Creators or comment posted by other fans. We disclaim all guarantees and liabilities in this respect. However, if you come across a content that is hosted on our Platform, and is against any of our policies, you can report that content to us by contacting our support team.
2. Please note, the content of the Creators is being provided to you on a non-exclusive basis. Specifically, Creators only grant you a limited, personal, non-exclusive, non-transferable, revocable right to view their content for which you have paid the required fees. When you subscribe to a Creator’s content, you merely receive the above-mentioned license to view the Creator’s content for the duration of your subscription. You must respect the intellectual property rights of the Creators. You are not purchasing the Creator’s content with your subscription, and you are expressly prohibited from sharing, storing, transferring, uploading, or exploiting the Creator’s content or their intellectual property rights in any manner whatsoever. We reserve the right to revoke this license if at any time you are found to be misusing our services or breaching these Terms or our Community Guidelines.
3. The above-mentioned license that you have with respect to the Creator’s content shall immediately expire if: i) your payment was unsuccessful, or is charged back or reversed for any reason, or ii) if you have finished viewing the content (in case of pay-per-view content), or iii) your subscription has expired, or iv) your user account is suspended or terminated for any reason, or v) you deactivate or delete your account, or vi) Creator removed the content from his/her account.

8. RELATIONSHIP WITH MY.FANS

MY.Fans merely makes the Platform and Services available to enable Creators and Fans to find and transact directly with each other. MY.Fans does not introduce Creators to Fan, or select Creators for the Fans. The fans are responsible for evaluating and determining the suitability of any Creator or their content on their own. Once you subscribe to a Creator’s content, you cannot claim a chargeback or a refund for any reason whatsoever. We assume no responsibility with respect to any loss that you may suffer as a result of such subscription or payment or engagement with the content. All responsibilities in this respect shall lie with the respective Creator, as the case may be.

9. PRIVACY POLICY

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website.

10. LINKS TO THIRD-PARTY LINKS

The Platform might contain links to third-party websites, products and services. Such third-party links are not under the control of MY.Fans, and MY.Fans is not responsible for any third-party links or services or content provided by the Creators. MY.Fans provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the content of the Creators. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or content of the Creators, MY.Fans shall not be responsible.

11. PAYMENTS

You can subscribe to and pay for the private content of the Creators on our platform. All subscriptions renew automatically at the end of their tenure, unless you cancel before that. We assume no responsibility with respect to any loss that you may suffer as a result of such subscription or engagement with the Creator’s content. You shall be responsible to bear all the applicable taxes (wherever applicable). The Creators reserve the right to modify the prices of their content at any time. We reserve the right to discontinue any part of the Platform (or indeed the whole platform), at any time at our sole discretion, without any prior notice.

12. NO REFUNDS

MY.Fans provides a subscription service and allows you to subscribe to third-party Creator’s content by paying the required fees. You can also view the Creator’s private content by making the direct payment. The fees are determined by the Creators, and they have the freedom to modify or update their fee, control the type and quality of their content, and/or remove their content from our Platform. We have a ‘No Refund’ policy. Once you subscribe or make the payment for the Creator’s content, you cannot claim or avail any refund for the same for any reason whatsoever. Moreover, any tips provided by you to the Creators are non-refundable as well. Nothing in this Section shall affect any rights that you may have under the applicable law.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall MY.Fans (or our licensors or affiliates) be liable to you or to any third party for any financial loss, emotional loss, loss of health, transaction failure, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, or your subscription to, and engagement with the Creator’s content, even if MY.Fans has been advised of the possibility of such damages. Access to, and use of, the Platform and Creator’s content is at your own discretion and risk, and you will be solely responsible for any damage to your health, person, device or computer system, or loss of data resulting therefrom. In case where the Site is down, either due to planned maintenance or due to some technical glitch or error, or if the Creator does not provide you a service, we will not be liable to compensate you for any reason whatsoever.

14. LEGAL ACTION

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of MY.Fans or the Creators by spreading hate, insulting, false, fake reviews or engaging in mala fide actions, or if you are found exploiting or misusing the intellectual property rights of the Creators, strong legal action will be taken immediately.

15. INDEMNITY

You acknowledge to defend, indemnify and hold MY.Fans, its members, affiliates, directors, officers, employees, agents, partners, Creators, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable legal counsel’ fees, made by a third party, relating to, or arising from:

1. Your violation of ours, or Creator’s, or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
2. Your wrongful or improper use of our services or Platform or content of the Creators
3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services
4. Your violation of these Terms, or any other policy of MY.Fans as associated with our Services
5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.

16. APPLICABLE LAW AND DISPUTE RESOLUTION

1. Governing law: these Terms and any dispute arising from the same will be governed by applicable laws of hungary.
2. Exclusive jurisdiction: Unless otherwise provided by the law prevailing in your jurisdiction, all disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Budapest, Hungary.
3. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MY.FANS ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND MY.FANS, SHALL BE RESOLVED BY A JUDGE.
4. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CREATORS/FANS, AS THE CASE MAY BE, CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CREATOR/FAN, AS THE CASE MAY BE.
5. Disputes between creators and users: You understand and acknowledge that MY.Fans is a mere facilitator between the Creators and the fans, and we in no way are responsible for the conduct of the Creators or the quality of the content offered by them or for any of their conduct or actions. Therefore, if you have any claim or dispute against a Creator, you undertake to take it up directly with the concerned Creator. MY.Fans shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a Creator has violated our Terms for Creators or applicable law or any other policy of MY.Fans, you can file your complaint with our support team, and we will take necessary action in accordance to our policies and applicable law.
6. Reservation of right: We can investigate any suspected or alleged misuse, abuse, or unlawful use of our Platform by you, and cooperate with law enforcement agencies in such investigation, in which case, we reserve the right to disclose the information that hold about you, and your use of our Platform in accordance with our Privacy Policy.

17. Notices

When you use the Platform or send emails to MY.Fans, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. MY.Fans will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by contacting our support team.

18. Miscellaneous

1. Breach: MY.Fans reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and/or our other policies or due to any illegal or inappropriate use of the Platform or Services.
2. Feedback rights: To the extent that you provide MY.Fans with any comments, suggestions or other feedback regarding MY.Fans platform or Site, as well as other MY.Fans services (collective, the “Feedback”), you will be deemed to have granted MY.Fans an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. MY.Fans is under no obligation to implement any Feedback it may receive from users.
3. Targeted abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users or Creators on MY.Fans.
4. Severability: If any provisions of these Terms are held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
5. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between MY.Fans and you or any other party be deemed to modify any provision of these Terms.
6. survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
7. No third party beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
8. No assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MY.Fans, which may be withheld at MY.Fans’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
9. Entire agreement: These Terms of Use, Community Guidelines, and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between MY.Fans and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
10. Force Majeure: MY.Fans and its Creators will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, health issues, acts of God, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
11. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.

19. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms of Use or Community Guidelines or Privacy Policy, or with any content or service of MY.Fans or Creators, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below: Contact-us