Terms of Service
Welcome to 4everfans!
4everfans is owned and operated by 4everfans LLC.
These are the terms and conditions for: By registering and using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the 4everfans website, "we", "us", "our" and "4everfans" refers to 4everfans and "you" and "user" refers to you, the user of 4everfans (Creators, Fans and Referring Users).
The following terms and conditions apply to your use of the platform. This includes the mobile and tablet versions, as well as any other version of 4everfans accessible via desktop, mobile, tablet, social media or other devices.
PLEASE REVIEW AND READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION OR OBTAINING ANY SERVICES OR CONTENT FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of 4everfans. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modification to these terms and conditions when you use 4everfans after such modification is posted on the platform and herein; therefore, it is important that you review this agreement regularly.
The platform is not directed to persons under the age of 18. 4everfans does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the Website. If you are under 18, please refrain from using our website and services.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. 4everfans may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in accordance with these terms and conditions and all applicable local, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. APPLICATION OF THESE CONDITIONS AND POLICIES
These terms and conditions and any policy or legal notice published by 4everfans apply to all users (creators, fans, recommended users) and visitors of the website and govern the use of the platform.
3. CREATORS
3.1. Registration
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on 4everfans and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete (c) own the rights to the content to enable you to post and offer the content on the platform. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, 4everfans reserves the right to suspend or terminate your account, to remove your content from the platform and to refuse any and all current or future use of the service (or any part thereof) at any time and without notice if 4everfans believes that you have violated any provision of these terms. You represent and warrant that the content you post on the platform complies with all applicable laws and regulations.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. 4everfans is not responsible for the information posted and shared through the platform. The information you provide and post through the platform will be visible to the general public.
3.2. Account
If you register with 4everfans, you will be asked to choose a password, and you may be asked for additional information about your account such as your full name and email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify 4everfans of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without 4everfans' prior authorization. 4everfans will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing your email address to 4everfans, you agree that we may use your email address to send you notices regarding your use of the Platform. We may also use your email address to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through the account settings on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all content provided to 4everfans through the platform and personal data provided to 4everfans.
4everfans reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have breached any of these conditions, have provided 4everfans false or misleading information, or have interfered with the use of the platform or the service to other users..
3.3. Subscriptions and Content
Creators may offer their content through paid subscriptions or they may offer content for a one-time fee. Creators will be able to select the type and number of subscriptions they will offer through their profile and the content they will offer in each subscription. Creators will be able to choose between one-time paid content and recurring paid subscriptions in certain time periods (weekly, monthly, yearly, etc.). The content of the subscriptions and paid content is the sole and exclusive decision of the creators.
4everfans does not direct, represent or control the content included in the content and subscriptions offered through the platform by Creators. The Creator may, in its sole and unfettered discretion, decide what content to offer in subscriptions and content through its user profile. The Creator may also determine the price of the content and subscriptions and the billing period for each subscription.
Remember that minors under 18 years of age cannot use the platform. Make sure you do not have Fans under the age of 18.
3.4. Commissions
The Creators will pay a commission of (15%) to 4everfans from the total amount paid by the Fans for each subscription or content purchased through the platform.
From each payment made for subscriptions and content packages by the Fans, 4everfans will deduct the (15% Commi) corresponding to 4everfans' commission for the use and maintenance of the platform and the remaining amount will be credited to the Creator's account. The commission value will be deducted from each payment made by Fans for subscriptions or paid content before any deduction for applicable fees or taxes. Please note that commissions will also apply to tips sent by Fans to Creators.
3.5. Payouts to Creators
A third-party payment processor that has been authorized by us will receive all Fan Payments. Your earnings as a creator will be kept by us or one of our payment processors on your account after our commission is deducted from the fan payment..
Your Creator earnings will be added to your account in a fair amount of time. As soon as these Creator profits are visible in your 4everfans account, you will be able to withdraw them.
You must have at least the minimum payout amount in your 4everfans account in order to receive creator earnings. Please check your account settings to see the minimum payout amount and payout choices for your nation of residence.
Current creator earnings are displayed as the amount in your 4everfans account's "current balance." Only US dollars are used for fan payments and creator profits. Your bank might charge you for foreign conversion or transfer fees in order for you to get the money. Additionally, you might be charged a fee by the relevant payment processor to obtain the money. Your bank or our payment processors may charge fees; we have no control over those fees, and neither we nor our subsidiary businesses will be responsible for covering any fees that your bank or third-party payment processors may charge.
We reserve the right to investigate and determine whether to deduct from your account an amount equivalent to the Creator earnings you received in the amount refunded or charged back if a Fan successfully requests a refund or chargeback from your credit card provider with regard to a Fan payment made to you.
3.6. Withholdings from the creator's profits
The Creator's earnings that are owed to you but have not yet been paid to you may be withheld entirely or in portion.
If we find out that you have secured, pledged, pledged, assigned, or in any other way allowed a lien to be put on the Creator earnings, we may also keep all or part of the Creator Earnings that are owed to you but have not yet been paid. We take no responsibility to pay third party lien holders from Creator Earnings, and we reserve the right to defer payment of Creator Earnings until the lien has been released.
If we withhold or seize any of your Creator earnings where we are permitted to do so by these conditions for Creators, we shall not be liable to you.
In the event that we withhold all or a portion of the Creators' earnings that are owed to you and later determine that a portion of those earnings is unrelated to any violations of these terms by you or any suspected illegal or fraudulent activity, we may order the payment of that portion of the Creators' earnings to you. You acknowledge that we may keep all Creator profits owed to you but not yet paid to you if we believe that your violation of these terms has caused or is likely to cause us loss. Additionally, we may use these amounts to offset any loss that has been incurred by us.
If, at the conclusion of our investigation, we find that the Creators' earnings have been forfeited, we will make every effort (save where forbidden by law) to return the relevant Fans' payments that led to the forfeited Creators' earnings to them.
3.7. User Content
Creators may upload and provide content to the Platform for monetization. Creators may determine whether their content is paid or free and may determine whether to offer the content through subscriptions or through a one-time payment. Creators will be able to receive support from users through tips or donations. Creators shall be solely and exclusively responsible for providing or submitting the content they offer once users make a purchase for content or subscriptions. The Creator retains the copyright or any other rights it may have on the content it provides through the platform. 4everfans is not responsible for the accuracy, safety or legality of the content published on the platform by the creators. The Creator is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the user grants 4everfans a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the platform and to the general public.
3.8. Community Rules
4everfans disclaims all liability in connection with the content of the user creator. The Creator is solely responsible for the content and the consequences of providing content through the platform. By providing user content through the platform, you affirm, represent and warrant that:
3.9. Content Monitoring
4everfans may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these Terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that 4everfans reserves the right, and may from time to time, monitor all information transmitted or received through the Service for operational and other purposes. If at any time 4everfans decides to monitor content, 4everfans continues to assume no responsibility or liability for the content or for any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.
3.10. Intellectual property rights - ownership and licenses
You certify that you are the sole owner of all intellectual property rights (such as copyrights and trademarks) in your content or that you have obtained all necessary rights in order to give us and other users licenses to use it. This includes all authorizations needed to take part in the activities covered by these conditions in any country where 4everfans is reachable, but especially in the United States, the United Kingdom, and the European Union.
You consent to granting us a license to use all of your content for any purpose reasonably linked to the provision and operation of 4everfans, including any act prohibited by any intellectual property rights (including copyrights) in such content. These actions include repurposing, making accessible, and communicating to the public, showing, performing, and disseminating your material as well as translating, adapting, and producing derivative works of it.
The license you grant to us pursuant to the preceding paragraph is perpetual, non-exclusive, transferable, worldwide and free of charge. This means that the license will remain in effect even after the expiration or termination of your agreement with us and your cessation of use of 4everfans, that we are not required to compensate you for the license, and that we are free to sublicense your Content to others or give or transfer the license to others. This license enables us to do things like add stickers, text, and watermarks to your material, share it with other 4everfans users, and use it for other typical 4everfans functions. We will never sell your content to other platforms, but in the event that we sell our business or all of its assets to a third party, we may sell or transfer any license you give us herein.
You give us the restricted right to send notices of infringement (including copyright or trademark infringement) on your behalf to any third-party website or service that hosts or promotes unlawful copies of your content, despite the fact that we do not own your content. Although we are not required to, we reserve the right to send or remove any such notification from any third-party website or service at any time. We do not have to look out for plagiarism of your material, nor are we required to. You consent to giving us all permissions and other details if asked by us so that we can submit infringement notices on your behalf. For information on how to report a copyright infringement claim, see the Copyright Infringement section in this document.
You give up the right to object to the treatment of any Content you post on 4everfans in a derogatory manner under any relevant law. This waiver has no bearing on your possession of any intellectual property rights in your content or your right to prevent unauthorized duplication of your work. The disclaimer's objective is to give us permission to process your material and add watermarks, stickers, or text to it.
3. FANS
3.1. Registration
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on 4everfans and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, 4everfans reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform at any time and without notice.
Users may share personal and business information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. 4everfans is not responsible for the information that the user provides and shares through the platform. The information you provide and share through the platform is the sole and exclusive responsibility of the users.
3.2. Account
If you register with 4everfans, you will be asked to choose a password, and you may be asked for additional information about your account such as your full name and email address. Users will be able to register through their Google accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 4everfans of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without 4everfans' prior authorization. 4everfans will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing 4everfans with your email address and telephone number, you agree that we may use your email address to send you notices about services and products posted on the platform. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your opt-out request through the contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through their account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to 4everfans.
4everfans reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have breached any of these conditions, have provided 4everfans false or misleading information, or have interfered with the use of the platform or the service to other users.
3.3. Material for Adults
You agree to consider the fact that some of the content on 4everfans includes adult material when choosing where to access and watch it. You recognize that you are aware of this. If you access or watch content that contains adult material in a way that puts you in violation of any contract you have with a third party (such as your employment contract) or in violation of any applicable legislation, we will not be liable to you for any loss or damage.
3.4. Subscriptions
Subscriptions will be offered by the Creators, who will determine the conditions, prices and features of each subscription. By placing a subscription order, you offer to purchase the subscription for the price advertised on the Platform, in accordance with the features offered on the Platform. Please check the price and features of each subscription before placing an order.
When a Fan makes the purchase of a subscription, 4everfans will send a confirmation email. This confirmation email will be produced automatically so that the relevant Fan will have confirmation of payment and the start of the subscription. If the Fan does not receive the email, it is possible that the email has been sent to their spam folder.
Subscriptions may include automatic recurring payments. You authorize 4everfans to renew your subscription and to charge you periodically and progressively. The subscription billing date is the date on which you make your first payment. On the subscription billing date, your account will be automatically debited for all applicable fees for the next subscription period. The subscription will continue until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the recurring subscription fee via the payment method you indicate to us during the purchase of the subscription.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next payment. If you wish to reactivate your subscription, you must purchase a new subscription.
3.5. Purchases and Tips
Fans may purchase content from the Creators or may send tips to support the Creators through the platform. By making a purchase, you offer to purchase the content offered by the Creator User for the price advertised and indicated on the Platform at the time of purchase. Please check the features and specifications of the content before placing an order. If the user wishes to send a tip to a creator user, the user may determine the amount of the tip and make the payment through the platform.
When a user places an order for the purchase of a content or sends a tip to a user creator, 4everfans will send an email whose purpose is to confirm the transaction. This confirmation email will be produced automatically so that the user has the confirmation of his purchase or the sending of the tip to the corresponding user creator.
3.6. Prices
The price of subscriptions and content offered and published on the platform will be determined by the Creators. The contents and subscriptions and the price of the contents and subscriptions will be available on the page or profile of each Creator. The prices of the contents and subscriptions are subject to the policies of each Creator user.
4everfans will use reasonable efforts to keep the pricing information published on the platform up to date. We encourage you to periodically check the platform for updated pricing information.
We will always endeavor to keep the prices on the platform accurate. However, from time to time pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the user will be informed of the error. User will have the option to reconfirm the purchase at the correct price. The user also has the option to cancel the purchase if not satisfied with the correct price.
3.7. Payments
Subscriptions, content and tips will be paid through the payment processors available on the platform. Payment data will be processed and collected only and exclusively by the payment processors available on the platform (see our privacy policy). Payment will be charged to your credit/debit card immediately upon purchase of the relevant subscription or content. Once the transaction is processed, an electronic receipt will be sent to the same email address you provided during the purchase process.
If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a variety of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or entering an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment data will be treated and protected securely and for the sole purpose of processing transactions within the platform and will be handled, stored and secured by the respective payment processors. 4everfans reserves the right to engage any payment platform available on the market, which will process your payment data for the sole purpose of processing transactions within the platform.
4. DISCLAIMER OF LIABILITY
The contents published by the Creators on the platform are not offered or provided by 4everfans. The services of 4everfans are limited to providing the platform to offer and publish such content. 4everfans is at no time responsible for the content offered by the Creators on the platform.
4everfans is not responsible for the accuracy, safety or legality of the content published on 4everfans by the Creators on the platform. 4everfans is not responsible for the content published through the platform by the Creators.
4everfans makes no representations whatsoever about the content that the Creators offer and publish through the platform. The purchase of content and subscriptions is at your own risk and responsibility.
Disputes arising between users will be resolved by the users themselves. 4everfans does not accept any claim in relation to the contents published on the platform by the Creators.
4everfans is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt 4everfans from any liability.
5. THIRD PARTY MATERIALS.
"Third Party Materials" means any content, images, videos, text or other material that is the property of a third party, such as stock images, videos and text. Such Third Party Materials are subject to applicable third party terms and licenses, and may only be used as permitted by such terms and licenses..
6. ADVERTISING
Through the platform, 4everfans may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, 4everfans does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that send advertising, assuming the obligation to verify and know the conditions of the services offered by third parties.
7. LICENSE OF USE OF THE PLATFORM
4everfans grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that 4everfans provides you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the services provided by 4everfans, in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the 4everfans platform or third parties.
This service prohibits the sending of messages that: (1) Any type of messages that are classified as SPAM. (2) Have harassing, abusive, defamatory, obscene, bad faith, unethical or otherwise unlawful content (3) Distribute Trojan horses, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Intend to commit fraud, impersonate others, impersonation, impersonation, scams or related crimes (7) distribute intellectual property without owning or having a license to distribute such property (8) breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.
4everfans reserves the right to terminate your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have violated any of these terms or interfered with the use of the platform or the service by others.
8. COPYRIGHT
The contents provided by the creators belong to the creators. The copyright and intellectual property rights of the contents provided by the creators belong to the creator users who authorize 4everfans to publish such contents on the platform. Please do not copy or use these contents without the respective authorization of the creators.
All 4everfans materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by 4everfans or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all 4everfans Materials are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior written permission of 4everfans. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use 4everfans or any part of the material for any purpose other than its intended purpose is strictly prohibited.
Users may store and share content through the platform. By storing and sharing your content through 4everfans, you agree and consent that your content may be publicly displayed on the platform and may be shared by other users of the platform. By storing and sharing your content and that of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property appearing in the content available on 4everfans. Any alteration or use of content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the content available or other intellectual property.
9. COPYRIGHT INFRINGEMENT (DMCA)
4everfans will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). 4everfans respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Responses to copyright infringement requests must contain the following:
All copyright infringement requests and responses may be submitted through our contact information.
10. PERSONAL DATA
Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.
11. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, are owned by 4everfans or licensed by third parties. For all content that is not your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
12. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, 4everfans provides and maintains the Platform on an "as is", "as available" basis and does not promise that use of the Platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot give any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You will be liable for any breach of these terms by you and if you use the platform in breach of these terms you will be liable for and will reimburse 4everfans for any loss or damage caused as a result.
4everfans shall not be liable for any amount for any failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war, etc.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, to the maximum extent permitted by law, 4everfans excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem you notify 4everfans of and 4everfans shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
13. ELECTRONIC COMMUNICATIONS
4everfans will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer hardware or software, telephone, network, electronic or Internet, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for an unauthorized human act, including any error or mistake.
14. INDEMNIFICATION
You agree to defend and indemnify 4everfans from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, sanctions or other costs or expenses of any kind or nature, including, without limitation, reasonable legal and accounting fees, brought by third parties as a result of:
15. CHANGES AND TERMINATION
We may modify the platform and these terms and conditions at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these Terms apply to all users. In addition, we may terminate our agreement with you under these Terms at any time by notifying you in writing (including by email) or without notice.
16. INTEGRATION CLAUSE
This Agreement, together with the Privacy Policy and any other legal notices published by 4everfans, shall constitute the entire agreement between you and 4everfans regarding your use of the Platform and the Services.
17. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between you and 4everfans, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. 4everfans may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.
The courts of the United States, specifically the courts located in the State of Georgia, shall have jurisdiction over any dispute, controversy or claim relating to 4everfans and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Georgia.
18. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the 4everfans platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any part of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
4everfans.
4everfans is owned and operated by 4everfans LLC.
These are the terms and conditions for: By registering and using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the 4everfans website, "we", "us", "our" and "4everfans" refers to 4everfans and "you" and "user" refers to you, the user of 4everfans (Creators, Fans and Referring Users).
The following terms and conditions apply to your use of the platform. This includes the mobile and tablet versions, as well as any other version of 4everfans accessible via desktop, mobile, tablet, social media or other devices.
PLEASE REVIEW AND READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION OR OBTAINING ANY SERVICES OR CONTENT FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of 4everfans. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modification to these terms and conditions when you use 4everfans after such modification is posted on the platform and herein; therefore, it is important that you review this agreement regularly.
The platform is not directed to persons under the age of 18. 4everfans does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the Website. If you are under 18, please refrain from using our website and services.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. 4everfans may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in accordance with these terms and conditions and all applicable local, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. APPLICATION OF THESE CONDITIONS AND POLICIES
These terms and conditions and any policy or legal notice published by 4everfans apply to all users (creators, fans, recommended users) and visitors of the website and govern the use of the platform.
- If you register as a Creator, the terms and conditions for Creators will apply to your use of the platform as a Creator;
- If you register as a Fan, the terms and conditions for Fans will apply to your use of the platform as a Fan.
- If you register for the 4everfans Referral Program, the 4everfans Referral Program terms and conditions will apply to your use of the 4everfans Referral Program.
- Our privacy and cookie policy applies to all users (Creators, Fans, Referring Users) and visitors of our website.
3. CREATORS
3.1. Registration
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on 4everfans and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete (c) own the rights to the content to enable you to post and offer the content on the platform. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, 4everfans reserves the right to suspend or terminate your account, to remove your content from the platform and to refuse any and all current or future use of the service (or any part thereof) at any time and without notice if 4everfans believes that you have violated any provision of these terms. You represent and warrant that the content you post on the platform complies with all applicable laws and regulations.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. 4everfans is not responsible for the information posted and shared through the platform. The information you provide and post through the platform will be visible to the general public.
3.2. Account
If you register with 4everfans, you will be asked to choose a password, and you may be asked for additional information about your account such as your full name and email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify 4everfans of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without 4everfans' prior authorization. 4everfans will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing your email address to 4everfans, you agree that we may use your email address to send you notices regarding your use of the Platform. We may also use your email address to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through the account settings on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all content provided to 4everfans through the platform and personal data provided to 4everfans.
4everfans reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have breached any of these conditions, have provided 4everfans false or misleading information, or have interfered with the use of the platform or the service to other users..
3.3. Subscriptions and Content
Creators may offer their content through paid subscriptions or they may offer content for a one-time fee. Creators will be able to select the type and number of subscriptions they will offer through their profile and the content they will offer in each subscription. Creators will be able to choose between one-time paid content and recurring paid subscriptions in certain time periods (weekly, monthly, yearly, etc.). The content of the subscriptions and paid content is the sole and exclusive decision of the creators.
4everfans does not direct, represent or control the content included in the content and subscriptions offered through the platform by Creators. The Creator may, in its sole and unfettered discretion, decide what content to offer in subscriptions and content through its user profile. The Creator may also determine the price of the content and subscriptions and the billing period for each subscription.
Remember that minors under 18 years of age cannot use the platform. Make sure you do not have Fans under the age of 18.
3.4. Commissions
The Creators will pay a commission of (15%) to 4everfans from the total amount paid by the Fans for each subscription or content purchased through the platform.
From each payment made for subscriptions and content packages by the Fans, 4everfans will deduct the (15% Commi) corresponding to 4everfans' commission for the use and maintenance of the platform and the remaining amount will be credited to the Creator's account. The commission value will be deducted from each payment made by Fans for subscriptions or paid content before any deduction for applicable fees or taxes. Please note that commissions will also apply to tips sent by Fans to Creators.
3.5. Payouts to Creators
A third-party payment processor that has been authorized by us will receive all Fan Payments. Your earnings as a creator will be kept by us or one of our payment processors on your account after our commission is deducted from the fan payment..
Your Creator earnings will be added to your account in a fair amount of time. As soon as these Creator profits are visible in your 4everfans account, you will be able to withdraw them.
You must have at least the minimum payout amount in your 4everfans account in order to receive creator earnings. Please check your account settings to see the minimum payout amount and payout choices for your nation of residence.
Current creator earnings are displayed as the amount in your 4everfans account's "current balance." Only US dollars are used for fan payments and creator profits. Your bank might charge you for foreign conversion or transfer fees in order for you to get the money. Additionally, you might be charged a fee by the relevant payment processor to obtain the money. Your bank or our payment processors may charge fees; we have no control over those fees, and neither we nor our subsidiary businesses will be responsible for covering any fees that your bank or third-party payment processors may charge.
We reserve the right to investigate and determine whether to deduct from your account an amount equivalent to the Creator earnings you received in the amount refunded or charged back if a Fan successfully requests a refund or chargeback from your credit card provider with regard to a Fan payment made to you.
3.6. Withholdings from the creator's profits
The Creator's earnings that are owed to you but have not yet been paid to you may be withheld entirely or in portion.
- if we think you have violated, or may have severely or repeatedly violated, any provision of these terms.
- If you attempt to violate these terms or make threats to do so in a manner that we believe could have a negative impact on us or another user, we may take legal action against you. (including actual or potential loss caused to us or another user).
If we find out that you have secured, pledged, pledged, assigned, or in any other way allowed a lien to be put on the Creator earnings, we may also keep all or part of the Creator Earnings that are owed to you but have not yet been paid. We take no responsibility to pay third party lien holders from Creator Earnings, and we reserve the right to defer payment of Creator Earnings until the lien has been released.
If we withhold or seize any of your Creator earnings where we are permitted to do so by these conditions for Creators, we shall not be liable to you.
In the event that we withhold all or a portion of the Creators' earnings that are owed to you and later determine that a portion of those earnings is unrelated to any violations of these terms by you or any suspected illegal or fraudulent activity, we may order the payment of that portion of the Creators' earnings to you. You acknowledge that we may keep all Creator profits owed to you but not yet paid to you if we believe that your violation of these terms has caused or is likely to cause us loss. Additionally, we may use these amounts to offset any loss that has been incurred by us.
If, at the conclusion of our investigation, we find that the Creators' earnings have been forfeited, we will make every effort (save where forbidden by law) to return the relevant Fans' payments that led to the forfeited Creators' earnings to them.
3.7. User Content
Creators may upload and provide content to the Platform for monetization. Creators may determine whether their content is paid or free and may determine whether to offer the content through subscriptions or through a one-time payment. Creators will be able to receive support from users through tips or donations. Creators shall be solely and exclusively responsible for providing or submitting the content they offer once users make a purchase for content or subscriptions. The Creator retains the copyright or any other rights it may have on the content it provides through the platform. 4everfans is not responsible for the accuracy, safety or legality of the content published on the platform by the creators. The Creator is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the user grants 4everfans a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the platform and to the general public.
3.8. Community Rules
4everfans disclaims all liability in connection with the content of the user creator. The Creator is solely responsible for the content and the consequences of providing content through the platform. By providing user content through the platform, you affirm, represent and warrant that:
- You are the creator and owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize 4everfans to publish and display your content through the platform.
- Your user content, and the use of your user content as contemplated by these Terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes 4everfans to violate any law or regulation.
- Your user content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
- Your user content does not and will not contain hateful content, threat of physical harm or harassment.
- Content depicting, promoting, facilitating or soliciting (real, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hard bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.
- Content related to blood, scatology, vomit or excrement.
- Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on 4everfans.
- Content that depicts or promotes illegal or illicit drugs.
- Content that depicts or promotes suicide or self-harm.
- Any content that depicts illegal behavior or that may be considered obscene under applicable law.
- Any content that depicts any person under the age of eighteen (18).
- Any content posted with the intent to extort money or other benefit from a third party in exchange for removal of the content.
- Any content that uses or promotes sweepstakes, lotteries or games of chance and gambling.
- Any content that offers employment.
- Any content that violates anti-discrimination laws.
- Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information of users or third parties without their consent.
3.9. Content Monitoring
4everfans may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these Terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that 4everfans reserves the right, and may from time to time, monitor all information transmitted or received through the Service for operational and other purposes. If at any time 4everfans decides to monitor content, 4everfans continues to assume no responsibility or liability for the content or for any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.
3.10. Intellectual property rights - ownership and licenses
You certify that you are the sole owner of all intellectual property rights (such as copyrights and trademarks) in your content or that you have obtained all necessary rights in order to give us and other users licenses to use it. This includes all authorizations needed to take part in the activities covered by these conditions in any country where 4everfans is reachable, but especially in the United States, the United Kingdom, and the European Union.
You consent to granting us a license to use all of your content for any purpose reasonably linked to the provision and operation of 4everfans, including any act prohibited by any intellectual property rights (including copyrights) in such content. These actions include repurposing, making accessible, and communicating to the public, showing, performing, and disseminating your material as well as translating, adapting, and producing derivative works of it.
The license you grant to us pursuant to the preceding paragraph is perpetual, non-exclusive, transferable, worldwide and free of charge. This means that the license will remain in effect even after the expiration or termination of your agreement with us and your cessation of use of 4everfans, that we are not required to compensate you for the license, and that we are free to sublicense your Content to others or give or transfer the license to others. This license enables us to do things like add stickers, text, and watermarks to your material, share it with other 4everfans users, and use it for other typical 4everfans functions. We will never sell your content to other platforms, but in the event that we sell our business or all of its assets to a third party, we may sell or transfer any license you give us herein.
You give us the restricted right to send notices of infringement (including copyright or trademark infringement) on your behalf to any third-party website or service that hosts or promotes unlawful copies of your content, despite the fact that we do not own your content. Although we are not required to, we reserve the right to send or remove any such notification from any third-party website or service at any time. We do not have to look out for plagiarism of your material, nor are we required to. You consent to giving us all permissions and other details if asked by us so that we can submit infringement notices on your behalf. For information on how to report a copyright infringement claim, see the Copyright Infringement section in this document.
You give up the right to object to the treatment of any Content you post on 4everfans in a derogatory manner under any relevant law. This waiver has no bearing on your possession of any intellectual property rights in your content or your right to prevent unauthorized duplication of your work. The disclaimer's objective is to give us permission to process your material and add watermarks, stickers, or text to it.
3. FANS
3.1. Registration
If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Platform as a User, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on 4everfans and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, 4everfans reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform at any time and without notice.
Users may share personal and business information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. 4everfans is not responsible for the information that the user provides and shares through the platform. The information you provide and share through the platform is the sole and exclusive responsibility of the users.
3.2. Account
If you register with 4everfans, you will be asked to choose a password, and you may be asked for additional information about your account such as your full name and email address. Users will be able to register through their Google accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 4everfans of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without 4everfans' prior authorization. 4everfans will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing 4everfans with your email address and telephone number, you agree that we may use your email address to send you notices about services and products posted on the platform. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your opt-out request through the contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason through their account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to 4everfans.
4everfans reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have breached any of these conditions, have provided 4everfans false or misleading information, or have interfered with the use of the platform or the service to other users.
3.3. Material for Adults
You agree to consider the fact that some of the content on 4everfans includes adult material when choosing where to access and watch it. You recognize that you are aware of this. If you access or watch content that contains adult material in a way that puts you in violation of any contract you have with a third party (such as your employment contract) or in violation of any applicable legislation, we will not be liable to you for any loss or damage.
3.4. Subscriptions
Subscriptions will be offered by the Creators, who will determine the conditions, prices and features of each subscription. By placing a subscription order, you offer to purchase the subscription for the price advertised on the Platform, in accordance with the features offered on the Platform. Please check the price and features of each subscription before placing an order.
When a Fan makes the purchase of a subscription, 4everfans will send a confirmation email. This confirmation email will be produced automatically so that the relevant Fan will have confirmation of payment and the start of the subscription. If the Fan does not receive the email, it is possible that the email has been sent to their spam folder.
Subscriptions may include automatic recurring payments. You authorize 4everfans to renew your subscription and to charge you periodically and progressively. The subscription billing date is the date on which you make your first payment. On the subscription billing date, your account will be automatically debited for all applicable fees for the next subscription period. The subscription will continue until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the recurring subscription fee via the payment method you indicate to us during the purchase of the subscription.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next payment. If you wish to reactivate your subscription, you must purchase a new subscription.
3.5. Purchases and Tips
Fans may purchase content from the Creators or may send tips to support the Creators through the platform. By making a purchase, you offer to purchase the content offered by the Creator User for the price advertised and indicated on the Platform at the time of purchase. Please check the features and specifications of the content before placing an order. If the user wishes to send a tip to a creator user, the user may determine the amount of the tip and make the payment through the platform.
When a user places an order for the purchase of a content or sends a tip to a user creator, 4everfans will send an email whose purpose is to confirm the transaction. This confirmation email will be produced automatically so that the user has the confirmation of his purchase or the sending of the tip to the corresponding user creator.
3.6. Prices
The price of subscriptions and content offered and published on the platform will be determined by the Creators. The contents and subscriptions and the price of the contents and subscriptions will be available on the page or profile of each Creator. The prices of the contents and subscriptions are subject to the policies of each Creator user.
4everfans will use reasonable efforts to keep the pricing information published on the platform up to date. We encourage you to periodically check the platform for updated pricing information.
We will always endeavor to keep the prices on the platform accurate. However, from time to time pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the user will be informed of the error. User will have the option to reconfirm the purchase at the correct price. The user also has the option to cancel the purchase if not satisfied with the correct price.
3.7. Payments
Subscriptions, content and tips will be paid through the payment processors available on the platform. Payment data will be processed and collected only and exclusively by the payment processors available on the platform (see our privacy policy). Payment will be charged to your credit/debit card immediately upon purchase of the relevant subscription or content. Once the transaction is processed, an electronic receipt will be sent to the same email address you provided during the purchase process.
If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a variety of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or entering an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment data will be treated and protected securely and for the sole purpose of processing transactions within the platform and will be handled, stored and secured by the respective payment processors. 4everfans reserves the right to engage any payment platform available on the market, which will process your payment data for the sole purpose of processing transactions within the platform.
4. DISCLAIMER OF LIABILITY
The contents published by the Creators on the platform are not offered or provided by 4everfans. The services of 4everfans are limited to providing the platform to offer and publish such content. 4everfans is at no time responsible for the content offered by the Creators on the platform.
4everfans is not responsible for the accuracy, safety or legality of the content published on 4everfans by the Creators on the platform. 4everfans is not responsible for the content published through the platform by the Creators.
4everfans makes no representations whatsoever about the content that the Creators offer and publish through the platform. The purchase of content and subscriptions is at your own risk and responsibility.
Disputes arising between users will be resolved by the users themselves. 4everfans does not accept any claim in relation to the contents published on the platform by the Creators.
4everfans is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt 4everfans from any liability.
5. THIRD PARTY MATERIALS.
"Third Party Materials" means any content, images, videos, text or other material that is the property of a third party, such as stock images, videos and text. Such Third Party Materials are subject to applicable third party terms and licenses, and may only be used as permitted by such terms and licenses..
6. ADVERTISING
Through the platform, 4everfans may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, 4everfans does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that send advertising, assuming the obligation to verify and know the conditions of the services offered by third parties.
7. LICENSE OF USE OF THE PLATFORM
4everfans grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that 4everfans provides you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the services provided by 4everfans, in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the 4everfans platform or third parties.
This service prohibits the sending of messages that: (1) Any type of messages that are classified as SPAM. (2) Have harassing, abusive, defamatory, obscene, bad faith, unethical or otherwise unlawful content (3) Distribute Trojan horses, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Intend to commit fraud, impersonate others, impersonation, impersonation, scams or related crimes (7) distribute intellectual property without owning or having a license to distribute such property (8) breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.
4everfans reserves the right to terminate your access immediately, with or without notice, and without liability to you, if 4everfans believes that you have violated any of these terms or interfered with the use of the platform or the service by others.
8. COPYRIGHT
The contents provided by the creators belong to the creators. The copyright and intellectual property rights of the contents provided by the creators belong to the creator users who authorize 4everfans to publish such contents on the platform. Please do not copy or use these contents without the respective authorization of the creators.
All 4everfans materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by 4everfans or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all 4everfans Materials are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior written permission of 4everfans. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use 4everfans or any part of the material for any purpose other than its intended purpose is strictly prohibited.
Users may store and share content through the platform. By storing and sharing your content through 4everfans, you agree and consent that your content may be publicly displayed on the platform and may be shared by other users of the platform. By storing and sharing your content and that of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property appearing in the content available on 4everfans. Any alteration or use of content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the content available or other intellectual property.
9. COPYRIGHT INFRINGEMENT (DMCA)
4everfans will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). 4everfans respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that 4everfans can find it on the "4everfans" platform. Note that providing a top-level URL is not sufficient.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
Responses to copyright infringement requests must contain the following:
- The physical or electronic signature of the user.
- The identification of the content that has been removed or the place where the content was posted.
- A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
- The name, address and telephone number of the user.
- A statement that the user consents to the jurisdiction of the court in which the user is located.
All copyright infringement requests and responses may be submitted through our contact information.
10. PERSONAL DATA
Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.
11. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, are owned by 4everfans or licensed by third parties. For all content that is not your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
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- Use the platform for any commercial purpose, outside the scope of those commercial purposes explicitly permitted in this agreement and related guidelines made available by 4everfans.
- Access, monitor, reproduce, distribute, transmit, broadcast, stream, display, sell, license, copy or otherwise exploit any content of the services, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions of any robot exclusion header on the Services or circumvent or circumvent other measures employed to prevent or limit access to the Platform.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of the Services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the services into any other website or service without our prior written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by 4everfans.
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any Content.
- Download any Content unless 4everfans expressly makes it available for downloading.
12. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, 4everfans provides and maintains the Platform on an "as is", "as available" basis and does not promise that use of the Platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot give any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You will be liable for any breach of these terms by you and if you use the platform in breach of these terms you will be liable for and will reimburse 4everfans for any loss or damage caused as a result.
4everfans shall not be liable for any amount for any failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war, etc.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, to the maximum extent permitted by law, 4everfans excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem you notify 4everfans of and 4everfans shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
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- Any incorrect or inaccurate information on the Platform.
- Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the platform or any product or service purchased through the platform.
- Any loss or damage resulting from your use of or inability to use the platform or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
- Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content on the platform or by transmissions through e-mails or attachments received from 4everfans.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
13. ELECTRONIC COMMUNICATIONS
4everfans will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer hardware or software, telephone, network, electronic or Internet, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for an unauthorized human act, including any error or mistake.
14. INDEMNIFICATION
You agree to defend and indemnify 4everfans from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, sanctions or other costs or expenses of any kind or nature, including, without limitation, reasonable legal and accounting fees, brought by third parties as a result of:
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- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the 4everfans platform.
15. CHANGES AND TERMINATION
We may modify the platform and these terms and conditions at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these Terms apply to all users. In addition, we may terminate our agreement with you under these Terms at any time by notifying you in writing (including by email) or without notice.
16. INTEGRATION CLAUSE
This Agreement, together with the Privacy Policy and any other legal notices published by 4everfans, shall constitute the entire agreement between you and 4everfans regarding your use of the Platform and the Services.
17. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between you and 4everfans, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. 4everfans may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.
The courts of the United States, specifically the courts located in the State of Georgia, shall have jurisdiction over any dispute, controversy or claim relating to 4everfans and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Georgia.
18. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the 4everfans platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any part of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure to enforce or delay in enforcing any provision of these terms and conditions at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
4everfans.
- 4EverFans LLc.
- Griffin GA
- United States
- support@4everfans.com
