Terms - TrueFans

Website & App Terms & Conditions of use

1. Introduction
1. 1.1 These terms and conditions shall govern your use of Truefans.app.
2. 1.2 By using Truefans.app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Truefans.app.
3. 1.3 If you register with Truefans.app, submit any material to Truefans.app or use any of Truefans.app services, we will ask you to expressly agree to these terms and conditions.
4. 1.4 You must be at least 18 years of age to use Truefans.app; by using Truefans.app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
5. 1.5 Truefans.app uses cookies; by using Truefans.app or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
6. 1.6 It is your responsibility to ensure that the content you are uploading or viewing is legal in the Country in which you are uploading or viewing it. Truefans.app holds no liability or responsibility if you fail to do this; the liability rests solely with yourself.
7. 1.7 It is your responsibility to ensure you have expressed written consent from any other persons shown within your content, any liability rests solely with yourself for misuse of other persons images. Copies of these may be requested by Truefans.app at any time and failure to provide the requested consent forms may result in your account being closed without notice.
2. Copyright notice
1. 2.1 Copyright (c) 2020 TrueFans Global Ltd.
2. 2.2 Subject to the express provisions of these terms and conditions:
3. (a) The licensors (namely the Creator's), own and control all the copyright and other intellectual property rights for any material uploaded to their own account on Truefans.app.
3. Licence to use website
1. 3.1 You may:
2. (a) view pages from Truefans.app in a web browser;
3. (b) download pages from Truefans.app for caching in a web browser;
4. (c) stream audio and video files from Truefans.app; and
5. (d) use Truefans.app services by means of a web browser, subject to the other provisions of these terms and conditions.
6. 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from Truefans.app or save any such material to your computer.
7. 3.3 You may only use Truefans.app for your own personal and business purposes, and you must not use Truefans.app for any other purposes.
8. 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Truefans.app.
9. 3.5 Unless you own or control the relevant rights in the material, you must not:
10. (a) republish material from Truefans.app (including republication on another website);
11. (b) sell, rent or sub-license material from Truefans.app;
12. (c) show any material from Truefans.app in public;
13. (d) exploit material from Truefans.app for a commercial purpose; or
14. (e) redistribute material from Truefans.app.
15. (f) screenshot or screen record any content;
16. 3.6 We reserve the right to restrict access to areas of Truefans.app, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Truefans.app.
4. Acceptable use
1. 4.1 You must not:
2. (a) use Truefans.app in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
3. (b) use Truefans.app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
4. (c) use Truefans.app 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;
5. (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Truefans.app without our express wrote consent;
6. (e) access or otherwise interact with Truefans.app using any robot, spider or other automated means, except for the purpose of search engine indexing;
7. (f) violate the directives set out in the robots.txt file for Truefans.app]; or
8. (g) use data collected from Truefans.app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
9. 4.2 You must not use data collected from Truefans.app to contact individuals, companies or other persons or entities.
10. 4.3 You must ensure that all the information you supply to us through Truefans.app, or in relation to Truefans.app, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
1. 5.1 If you use Truefans.app or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
2. (a) yourself; and
3. (b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. Registration and accounts
1. 6.1 You may register for an account with Truefans.app by completing and submitting the account registration form on Truefans.app and clicking on the verification link in the email that the website will send to you.
2. 6.2 You must not allow any other person to use your account to access the website.
3. 6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4. 6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User login details
1. 7.1 If you register for an account with Truefans.app, you will be asked to choose a user ID and password.
2. 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.
3. 7.3 You must keep your password confidential.
4. 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
5. 7.5 You are responsible for any activity on Truefans.apparising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
1. 8.1 We may:
2. (a) edit your account details;
3. (b) temporarily suspend your account; and/or
4. (c) cancel your account, at any time in our sole discretion.
5. 8.2 You may cancel your account on Truefans.app using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
6. 8.3 If you have a Creator account, you can request account deletion by emailing admin@Truefans.app from the original email used to set up the account. This will be implemented as quickly as possible but may take up to 10 working days at busier times.
7. 8.4 If you delete your content without any notice to Truefans.app while you have any active subscribers, we reserve the right to withhold your payment until the last subscription has ended on your account. Refund requests due to subscribers not getting their entire month they have paid for, will be deducted from earnings. After the last subscription period has ended, outstanding monies owed will be paid on the nearest standard payday. Subscribers are paying a
8. monthly fee and are entitled to a full months access to the content advertised on the day of subscription.
9. Social networking
1. 9.1 Registered users will have access to such additional features on Truefans.app as we may from time to time determine, which may include:
2. (a) facilities to complete a detailed personal profile on the website, and to publish that profile on the website;
3. (b) the facility to send private messages via the website to particular individuals registered on the website; and
4. (c) the facility to post and publish text and media on the website.
5. 9.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 18.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
6. 9.3 You agree to the publication of posts relating to you, by others, on Truefans.app; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 19.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts. We will endeavour to remove all such posts once you have contacted us about them.
10. Personal profiles
1. 10.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
2. 10.2 You must keep your personal profile on Truefans.app up to date.
3. 10.3 Personal profile information must also comply with the provisions of Section 5 and Section 16.
11. Followers and Subscribers
1. 11.1 To become a follower or subscriber to Truefans.app services, you must follow the account registration procedure. This will allow you to view profiles of Creators. If you wish to follow a Creator and view their content you can follow by clicking the Follow button displayed on the profile of the Creator. You can follow for free but will have limited functionality (no direct messages, commenting or sharing. If you wish to subscribe with full functionality, click subscribe and this will lead you through the subscription process. Subscriptions are for a calendar month and will auto-renew.
2. 11.2 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on Truefans.app in relation to your subscription.
3. 11.3 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on Truefans.app before the date of renewal. Your subscription can be cancelled at any point which will prevent further payments being taken from you, and your access to followed CREATORS will remain until the last day of the calendar month period you last paid for.
4. 11.4 Automatic re-subscriptions are made at the price originally signed up for. Price increases or decreases on Creators profiles are taken into account for new subscriptions only and do not affect automatic re-subscriptions.
5. 11.5 Included in your subscription price will be the number of photos / videos shown before subscribing. There is a further option to purchase premium posts once you have passed the paywall however there will always be a minimum of 80% overall content included in the subscription price. For example, if you see 100 photos before subscribing, there may be a maximum of 125 items of content; this could be 100 included and 25 premium optional extras.
12. Fees – Creators
1. 12.1. 20% is deducted from any monies made on the site, before the payment is passed to the Creator.
2. 12.2 if we need to delete any account due to actions of the Creators that we reserve the right to reimburse any outstanding subscribers and deduct it from monies owed.
13. Fees - Subscribers
1. 13.1 The fees in respect of Truefans.app services will be as set out on the website from time to time.
2. 13.2 All amounts stated in these terms and conditions or on Truefans.app are stated exclusive of VAT.
3. 13.3 You must pay to us the fees in respect of Truefans.appservices in advance, in cleared funds, in accordance with any instructions on Truefans.app.
4. 13.4 We may vary fees from time to time by posting new fees on Truefans.app, but this will not affect fees for services that have been previously paid.
5. 13.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
6. 13.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:
7. (a) an amount equal to the amount of the charge-back;
8. (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
9. (c) an administration fee of GBP 25.00 including VAT; and
10. (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.
11. 13.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
12. 13.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
14. Distance contracts: cancellation right
1. 14.1 This Section 14 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
2. 14.2 You may withdraw an offer to enter into a contract with us through Truefans.app, or cancel a contract entered into with us through Truefans.app, at any time within the period:
3. (a) beginning upon the submission of your offer; and
4. (b) ending at the end of 14 days after the day on which the contract is entered into, subject to Section 14.3. You do not have to give any reason for your withdrawal or cancellation.
5. 14.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 14.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
6. (a) if the services are fully performed - ie if the account has been accessed after the subscription has been made, you will lose the right to cancel referred to in Section 14.2;
15. Your content: licence
1. 15.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Truefans.app for storage or publication on, processing by, or transmission via, Truefans.app.
2. 15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3. 15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.
4. 15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.
5. 15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. 15.6 You may edit your content to the extent permitted using the editing functionality made available on Truefans.app.
7. 15.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
16. Your content: rules
1. 16.1 You warrant and represent that your content will comply with these terms and conditions.
2. 16.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. 16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
4. (a) be libellous or maliciously false;
5. (b) contain any extreme porn as governed by the country in which you reside;
6. (c) infringe any copyright, moral right, database right, trade-mark right, design right, right in passing off, or other intellectual property right;
7. (d) infringe any right of confidence, right of privacy or right under data protection legislation;
8. (e) constitute negligent advice or contain any negligent statement;
9. (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
10. (g) be in contempt of any court, or in breach of any court order;
11. (h) be in breach of racial or religious hatred or discrimination legislation;
12. (i) be blasphemous;
13. (j) be in breach of official secrets legislation;
14. (k) be in breach of any contractual obligation owed to any person;
15. (l) depict violence in an explicit, graphic or gratuitous manner;
16. (m) be untrue, false, inaccurate or misleading;
17. (n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
18. (o) constitute spam;
19. (p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
20. (q) cause annoyance, inconvenience or needless anxiety to any person.
21. (r) must be a minimum of 80% included in your monthly subscription, no more than 20% premium posts on your account or this may result in your facility to sell premium posts being removed.
17. Report abuse
1. 17.1 If you learn of any unlawful material or activity on Truefans.app, or any material or activity that breaches these terms and conditions, please let us know.
2. 17.2 You can let us know about any such material or activity by email to admin@Truefans.app or using our abuse reporting form.
3. 17.3 Any subscriber found to be acting in an abusive manner on the site may be instantly removed with no refund for any monies paid thus far.
18. Limited warranties
1. 18.1 We do not warrant or represent:
2. (a) the completeness or accuracy of the information published on Truefans.app;
3. (b) that the material on the website is up to date; or
4. (c) that the website or any service on the website will remain available.
5. 18.2 We reserve the right to discontinue or alter any or all of Truefans.app services, and to stop publishing Truefans.app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6. 18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Truefans.app and the use of Truefans.app.
19. Limitations and exclusions of liability
1. 19.1 Nothing in these terms and conditions will:
2. (a) limit or exclude any liability for death or personal injury resulting from negligence;
3. (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
4. (c) limit any liabilities in any way that is not permitted under applicable law; or
5. (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
6. 19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:
7. (a) are subject to Section 19.1; and
8. (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9. 19.3 To the extent that Truefans.app and the information and services on Truefans.app are provided free of charge, we will not be liable for any loss or damage of any nature.
10. 19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11. 19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12. 19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 19.6 shall not apply.
13. 19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 19.7 shall not apply.
14. 19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15. 19.9 Truefans.app does not guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since Truefans.app or their associates may need to carry out maintenance of the Website from time to time, or matters beyond our control may mean the website is down for a period of time. We will do our best to ensure that any such maintenance is kept to a minimum and will endeavour to give reasonable notice where possible, however this may not always be possible. We will always do our utmost to ensure any downtime is kept to a minimum.
20. Indemnity
1. 20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of Truefans.app or any breach by you of any provision of these terms and conditions.
21. Breaches of these terms and conditions
1. 21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
2. (a) send you one or more formal warnings;
3. (b) temporarily suspend your access to Truefans.app;
4. (c) permanently prohibit you from accessing Truefans.app;
5. (d) block computers using your IP address from accessing Truefans.app;
6. (e) contact any or all of your internet service providers and request that they block your access to Truefans.app;
7. (f) commence legal action against you, whether for breach of contract or otherwise; and/or
8. (g) suspend or delete your account on Truefans.app.
9. 21.2 Where we suspend or prohibit or block your access to Truefans.app or a part of Truefans.app, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).
22. Third party websites
1. 22.1 Truefans.app includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
2. 22.2 We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
23. Trade marks
1. 23.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
2. 23.2 The third party registered and unregistered trade marks or service marks on Truefans.app are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
24. Variation
1. 24.1 We may revise these terms and conditions from time to time without notice.
2. 24.2 The revised terms and conditions shall apply to the use of Truefans.app from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
3. 24.3 If you are a consumer and you have purchased any of Truefans.app services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
25. Refunds
1. 25.1 All purchases made on Truefans.app are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
2. 25.2 However, any purchase made on Truefans.app and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from Truefans.app.
3. 25.3 Refunds will only be eligible when the CREATOR has not completed the sale as specified. If an account is removed before the subscription period ends (or a large proportion of content) or in the event of a premium post title not matching the content.
26. Assignment
1. 26.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
2. 26.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
27. Severability
1. 27.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. 27.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third party rights
1. 28.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. 28.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
29. Entire agreement
1. 29.1 Subject to Section 19.1, these terms and conditions[, together with our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of Truefans.app and shall supersede all previous agreements between you and us in relation to your use of Truefans.app.
30. Law and jurisdiction
1. 30.1 These terms and conditions shall be governed by and construed in accordance with English law.
2. 30.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales.
31. Statutory and regulatory disclosures
1. 31.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on Truefans.app. We recommend that you consider saving a copy of these terms and conditions for future reference.
2. 31.2 These terms and conditions are available in the English language only.
3. 31.3 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.[ The online dispute resolution platform may be used for resolving disputes.]
32. Our details
1. 32.1 This website is owned and operated by TrueFans Global Ltd.
2. 32.2 We are registered in England and Wales under registration number 123456789, and our registered office (and principal place of business) is at 36 Shaw Road, Boston, Lincolnshire. PE21 8LZ
3. 32.3 You can contact us:
4. (a) by post, using the postal address given above;
5. (b) using Truefans.app contact form;
6. (c) by email, using admin@Truefans.app
33. TrueFans Global Ltd hereby confirm that they act as a collection agent for all Creators on Truefans.app and funds received to our account would be income of all Creators with TrueFans Global Ltd only receiving a commission element as previously agreed with each Creator. Income will be chargeable to VAT at relevant rates in accordance with VAT legislation on the Creators. All income generated by you is the creators responsibilty.