Last Updated: August 2021.
Welcome to 4FANS!
We welcome you to www.4fans.com, an online adult-oriented content sharing platform, and any affiliated websites and related mobile versions (“4FANS”). 4FANS is operated by Halosauridae Ltd., 48 Archiepiskopou Makariou III Zappeion Flat 13 Floor 1 Aglantzia 2107 Nicosia Cyprus, (“Company, us, we, our, ours, etc.”).
These User Terms are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through 4FANS (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on 4FANS, and any compilation thereof, whether in free areas of 4FANS or behind paywalls (“Materials”), and any Materials posted to or otherwise shared on 4FANS by you (“Content”). By accessing 4FANS, you accept and agree to these User Terms and our other website policies. These Users Terms are subject to changes at any time. Any changes will become effective from the moment we post them, so it is your duty to periodically check this page from time to time. We will change the Last Updated date at the top of these User Terms whenever a change is made.
Account Types: All users may register for an account on 4FANS (“Fan(s)”), provided you meet the requirements set forth below and otherwise abide by these User Terms. 4FANS allows certain users to offer paid content (“Creator(s)”) and other users to broadcast live webcam streams in addition to offering paid content (“Live Creator(s)”). In order to offer paid content as a Creator, you must meet all the requirements of a Fan and submit valid and current banking information and a copy of a government-issued identification document in your account settings. In order to offer paid content and broadcast live webcam streams (“Live Stream(s)”) as a Live Creator, you must meet all the requirements of a Creator and submit the necessary Section 2257 documentation in your account settings. If any user fails to provide the required information, if we reasonably believe that the user has provided false information, or if the user fails to agree to these User Terms, we may terminate the user’s account. Acceptance of registration is subject to our sole discretion.
By accessing 4FANS or using the Services, you certify to us that:
Account Information: You will provide only accurate and complete information during the signup process and in any other interaction you have with us. If the information you previously provided to us shall become inaccurate or incomplete for any reason, you will immediately notify us of the proper information necessary to fully correct and complete our records. If you provide any false, misleading, incomplete, or otherwise incorrect information to us, your membership, account, and discounts are null and void, and you will be responsible for a-la-carte billing for the Services. We have the right to terminate your membership at any time, but you understand that any a-la-carte billing is retroactive if you are terminated for cause, including for providing any information that is inaccurate or incomplete.
No Account Transfers: You will not assign, transfer, sell, or share your membership to 4FANS or access to the Materials. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.
Parental Controls Notice: You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing 4FANS or the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on 4FANS from being displayed or accessed by your children or wards.
Access to 4FANS: You understand that all we are selling you is access to 4FANS and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access 4FANS and/or use the Services.
Limited License to Access Free Areas of 4FANS and Use Free Services and Materials: All users may access certain public areas of 4FANS and use the Services and Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use only those Materials provided on free areas of 4FANS for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid Fans-only areas of 4FANS or the Materials therein.
Limited License to Access Paid Areas of 4FANS and Use Paid Services and Materials: If you are a Fan, we also grant you a limited, nonexclusive, nontransferable personal license to access 4FANS and use the Services and Materials contained therein, as limited by your level of membership and/or purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed and Services offered. Your license to access 4FANS and use the Services and Materials is not a transfer of title. You will not copy or redistribute any Materials. You agree to prevent any unauthorized access to, use of, and/or copying of 4FANS and/or Materials.
Our Right to Terminate: We reserve the right to terminate your account and any or all of the licenses above at any time, with or without cause, in our sole discretion. If your account and license is terminated by us, you will immediately destroy any Materials you have downloaded, printed, or otherwise copied from 4FANS. We may pursue violators of these licenses to the fullest extent of the law.
Your Grant of Rights to Us: You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for the Company’s business (and the business of our successors), including for promoting and redistributing any part of 4FANS (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of 4FANS at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for the Content and the consequences of posting the Content to 4FANS.
Your Grant to Our Users: You grant each user of 4FANS a worldwide, nonexclusive, royalty-free license to access the Content through 4FANS, and to use, reproduce, display, and perform the Content as permitted through 4FANS and under these User Terms.
Third Party Rights in Content: You warrant that you maintain written releases from any person depicted in any user submission, and that such submissions do not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request.
Your Right to Deactivate: Deactivation can be made directly from the user account, in Settings.
Our Right to Cancel: We may cancel your account or suspend or terminate your access to 4FANS and/or use of the Services at any time, for any reason.
Prohibited Uses for All Users: You agree that you will only use 4FANS, the Services, and the Materials for purposes expressly permitted and contemplated by these User Terms. You may not use 4FANS, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
Violations of Prohibited Uses: Engaging in any Prohibited Use will be considered a breach of these User Terms and may result in immediate suspension or termination of the user’s account and access to 4FANS or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these User Terms and certain international, foreign, and domestic laws.
Additional Prohibited Uses for Creators and Live Creators: If you are a Creator or Live Creator, you will not, without our express prior written authorization:
Any violation of these Additional Prohibited Uses for Creators and Live Creators or any other provision of these User Terms may result in a permanent ban, without payment. If you are a Creator or Live Creator, you must report all suspicious activity to us. We may consider you complicit in any fraud to which you were knowledgeable of suspicious activity but failed to report it.
No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are contrary to the purposes of 4FANS and are strictly prohibited. Fans who use accounts or profiles for the solicitation, promotion, or facilitation of prostitution or sex trafficking in any way will have their accounts or profiles immediately disabled with no refund. This includes the use of hyperlinks to external websites promoting or facilitating prostitution or sex trafficking and any other activity that the Company considers as solicitation, promotion, or facilitation of prostitution or sex trafficking.
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY: You understand that all depictions on 4FANS are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child pornography (including so-called “virtual” child pornography), you must exit 4FANS immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on 4FANS.
Reporting Violative Materials. If you are aware of any Materials that violate these User Terms, please contact us with as much detail as possible, including a copy of the objectionable Materials or the location where we may find them, the date and time of identification, the reason we should remove the objectionable Materials, and a statement certifying the accuracy of the information you provided to us.
Law Enforcement. We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these User Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in 4FANS receiving a subpoena, discovery request, production order, or court order that causes 4FANS to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
Co-Authored Content Requirements: If you are a Creator or Live Creator, you understand and agree that:
Responsibility for Co-Authored Content: We will not be liable for any loss that we may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons. In the event that you produce, or participate in, any such Co-Authored Content, we shall only be responsible for compensating the account of the Creator or Live Creator from which the purchase of Co-Authored Content is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the other Creator(s) and/or Live Creator(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the Creator(s) and/or Live Creator(s) participating or appearing therein, and not against us.
Section 2257: If you are a Live Creator, you represent and warrant that your Live Streams are fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain a Live Creator account on 4FANS, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain a Live Creator account on 4FANS, and for a period of no less than seven (7) years after the your Live Creator account on 4FANS is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at the primary address of Creator. You will provide us with one or more government-issued “picture ID cards” as mandated by Section 2257, that contains your name, photo, and birth date.
Purchases: Fans that provide valid and current payment information may purchase content from Creators and Live Creators on 4FANS. Payments can be made to message Creators and Live Creators and access their photos, videos, live streams, and other Content. The price of Content and access to certain features is prominently displayed on 4FANS, and Fans may purchase Content and access features at the currently displayed price. All previous offers or discounts are unavailable once removed from 4FANS. We reserve the right to charge additional fees for Content or access features on 4FANS, and to change our fee structure at our discretion.
Payouts: If you are a Creator or Live Creator, you can receive compensation from 4FANS for the sale of your Content (“Payout(s)”). If you are a Creator or Live Creator, it is your sole responsibility to designate which Content is available for free and which Content must be purchased, including setting the purchase price for each piece of Content. If you are a Creator or Live Creator and fail to designate a purchase price for a piece of Content, you understand and agree that we may make that piece of Content available to our users free of charge. If you are a Live Creator, you understand and agree that Live Streams may be recorded and archived by 4FANS and accessible to our users, even after the Live Stream has ended. Creators and Live Creators are eligible to receive 75% of all earnings through purchases associated with their accounts. However, we may adjust or deduct monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, and technical errors. Every fifteen (15) days, we will issue payment to you in your selected payment method for any monies earned during the proceeding pay period, minus any processing or transaction fees based on you payment selection or otherwise associated with your account, provided you have met the minimum payment threshold of two hundred (200) euros. The current transaction fees are posted on 4FANS. We may require additional information from your based on your particular payout option, including your SWIFT and IBAN number. For Creators or Live Creators based in the USA, payouts must occur through a Paxum Business account. You cannot cash out until you have met the minimum payment threshold. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these User Terms against any money that we owe to you under these User Terms.
Referral Program: If you are a Creator or a Live Creator, you can receive compensation from 4FANS in the amount of five percent (5%) of all monies earned by other Creators or Live Creators that sign up for an account through your referral link. You will not be compensated unless the Creator or Live Creator is a new user of 4FANS that has never registered an account before. We reserve the right to change the terms of this Referral Program in the future, at our sole discretion.
Model Manager Program: If you are a Creator or Live Creator and you operate a model management agency, you may seek administrative approval to become a manager of other Creators and Live Creators on 4FANS (“Model Manager”). From time to time, Model Managers and associated Creators and/or Live Creators may receive certain benefits from 4FANS such as better search positioning, profile boosts, and enhanced marketing efforts. However, you understand and agree that 4FANS is not required to provide any additional benefits in relation to the Model Manager Program except revenue-sharing payouts as described below. Upon acceptance into the Model Manager Program in our sole and absolute discretion, Model Managers will receive a personalized management link that the Model Manager may send to Creators and Live Creators associated with the Model Manager’s agency. Creators and Live Creators may open the management link and elect to be added to the Model Manager’s agency. If you are a Model Manager, you understand and agree that you will not receive a portion of any revenue earned on any Content posted by a Creator and/or Live Creator that has not elected to be associated with your agency. If you are a Model Manager, you must input a revenue-sharing percentage for each Creator or Live Creator associated with your agency into your account settings. We will pay out the Model Manager and associated Creators and/or Live Creators according to the revenue-sharing percentage input by the Model Manager. If you are a Creator and/or Live Creator that elects to be associated with a Model Manager, you understand and agree that you will receive a reduced share of the revenue earned on your Content, and that the reduced percentage will instead be paid to your associated Model Manager. If you are a Creator and/or Live Creator that elects to be associated with a Model Manager, you further understand and agree that your associated Model Manager is solely responsible for determining and inputting the revenue-sharing percentage between you and your associated Model Manager, that you agree to this revenue-sharing percentage by electing to be associated with the Model Manager, that this percentage may be changed at any time, for any reason, by your associated Model Manager, and that your continued use of 4FANS after any such changes constitutes your assent to such changes. If you are a Model Manager, you may remove any associated Creator or Live Creator from your agency by removing the specific Creator or Live Creator in your account settings. If you are a Creator or Live Creator, you may not remove any associated Model Manager from your account, except that you may delete your account entirely and, if desired, register for a new account that is not associated with your Model Manager. If you are a Model Manager, you understand and agree that, in the event an associated Creator or Live Creator deletes his/her account that is associated with your agency and creates a new account, you will not receive any portion of the profits earned on the Content posted by the new account of that Creator or Live Creator. Model Managers, Creators, and Live Creators hereby release 4FANS from any claims arising from the Model Manager Program.
Charges to Your Account: You agree to pay any and all fees or account charges related to any fees, charges, purchases, tips, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
Third Party Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with 4FANS and/or Services. Such third parties may impose additional terms and conditions governing payment processing. you are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Changes to Your Billing Information: You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing and/or payment for 4FANS and Services, if applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of 4FANS and Services, as well as subjecting you to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks, and any related fees that 4FANS incurs with respect to your account, along with any additional fees and/or penalties imposed by our third-party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred euros (€100) in additional liquidated damages as well as any costs incurred by us for each fee incurred.
Chargebacks: If you make a purchase on 4FANS that results in a chargeback, we may terminate your account. We reserve the right to withhold any funds or proceeds from Creators and Live Creators for the sale of any Content that results in a chargeback.
Changes to Our Billing Methods: We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s), with or without prior notice to you.
Refunds: You understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion. At all times, we may delete any Content that violates these User Terms in our sole and absolute discretion, and you will not be entitled to any rights, refunds, or other compensation related to any Content deleted by us for violation of these User Terms.
Virtual Currency: We may permit transactions using one or more virtual currencies. At present, you must use a USDT (Tether) wallet for Creators or Live Creators to receive payouts in virtual currency. Acceptance of transaction in virtual currencies is in our sole discretion and may be of limited duration. Any payment or other transaction in virtual currency is irreversible. Refunds of virtual currency payments is at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may accompany virtual currency transactions.
Billing Errors: If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these User Terms.
Stolen Cards and Fraudulent Use of Credit Cards: We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
Governing Law and Venue: These User Terms and all matters arising out of, or otherwise relating to, these User Terms shall be governed by the laws of Cyprus, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Cyprus. All Parties to these User Terms agree that all actions or proceedings arising in connection with these User Terms or any services or business interactions between the Parties that may be subject to these User Terms shall be brought exclusively in Cyprus. The Parties agree to exclusive jurisdiction and venue in, and only in, Cyprus. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation or arbitration between the Parties with respect to, or arising out of, these User Terms in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these User Terms whatsoever. All Parties stipulate that the courts located in Cyprus shall have personal jurisdiction over them for resolution of any disputes not subject to arbitration as set forth below. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these User Terms. Any final judgment or arbitration award rendered against a Party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Cyprus or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
Class Action Waiver: You hereby waive any right or ability to initiate any class action or collective proceeding.
Rights to Injunctive Relief: Both Parties acknowledge that remedies at law may be inadequate to provide an aggrieved Party with full compensation in the event of the other Party’s breach, and that an aggrieved Party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Provisions with Stipulated Liquidated Damages: In various provisions in these User Terms, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
Additional Fees: If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.
We Disclaim All Warranties: We provide access to 4FANS and use of the Services “as is” and “with all faults.” We make no warranty that 4FANS or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to 4FANS or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. Company makes no warranty regarding any goods or services purchased or obtained through 4FANS or any transaction entered into through 4FANS. There are no warranties of any kind that extend beyond the face of these User Terms or that arise because of course of performance, course of dealing, or usage of trade.
Changes and Updates to 4FANS: Company may change any of the information found on 4FANS at any time or remove any or all Materials thereon. Company makes no commitment to update the information or Materials on 4FANS.
Use at Your Own Risk: You expressly agree that access to 4FANS and use of the Services is at your own and sole risk. You understand that Company cannot and does not guarantee or warrant that 4FANS or the Services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Company does not assume any responsibility or risk for your access to or use of the Internet, 4FANS, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through 4FANS is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
Registered Sex Offenders and Safety Tips: While we prohibit access to 4FANS and use of the Services by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, meetings, or interactions with other users. Consider the following online safety tips:
No Responsibility for User-Generated Materials. We expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these User Terms, at any time, for any reason, with or without prior notice. If we choose to monitor 4FANS at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.
No Responsibility for Third Parties: We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through 4FANS or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Third-Party Links: We may link to websites or resources owned and operated by third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor endorse the goods or services provided on third-party links. You agree to hold Company harmless from any and all damages and liability that may result from use of third-party links that appear on 4FANS and any content, advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms and conditions of those third parties, not by these User Terms or our other policies. We reserve the right to terminate any link at any time.
Offensive Materials: 4FANS contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing content they may deem offensive, and you agree to cease accessing 4FANS and using the Services should you find them offensive.
Violations of Law: Access to 4FANS and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access 4FANS and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use 4FANS or Materials, or any breach of these User Terms by you or another person under your authority. Company shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of 4FANS including claims relating to the following:
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of 4FANS, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
Trademarks: 4FANS is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on 4FANS may not be used publicly except with express written permission from Company, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Company.
Copyrights: The Materials are Company’s proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. 4FANS, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these User Terms violates Company’s intellectual property rights.
Notification of Copyright Infringement. We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on 4FANS, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to 4FANS, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available upon request. Information regarding submission of a notice of infringement under the DMCA Policy.
Amusement Purposes: You understand and accept that 4FANS provides an entertainment and recreational service for amusement purposes only. Any user accessing 4FANS or using the Services in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these User Terms.
Entire Agreement: These User Terms and any other legal notice or agreement published by us on 4FANS, forms the entire agreement between you and us concerning your use of 4FANS. It supersedes all prior terms, understandings, or agreements between you and us regarding use of 4FANS. A printed version of these User Terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these User Terms shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment and Delegation: We may assign any rights or delegate any performance under these User Terms without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Severability: If any provision of these User Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
Cumulative Remedies: All rights and remedies provided in these User Terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns: These User Terms inures to the benefit of, and is binding on, the Parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a Party may assign its rights or delegate its performance under these User Terms.
Force Majeure: We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information Services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Communications are Not Private: Company does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Company shall be deemed to be readily accessible to the general public. You will not use 4FANS to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages entered into 4FANS may be read by the agents and operators of 4FANS, regardless of whether they are the intended recipients of such messages.
Authorization and Permission to Send Emails to You: You authorize us to email you notices, advertisements, and other communications, including but not limited to emails, advertisements, and notices. You understand and agree that such communications may contain adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
Consideration: We allow you to access and use 4FANS, Services, and Materials in consideration for your acquiescence to all the provisions in these User Terms. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of 4FANS.
Electronic Signatures: You agree to be bound by any affirmation, assent, or agreement you transmit through 4FANS. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Revisions: From time to time, we may revise these User Terms. We reserve the right to do so, and you agree that we have this unilateral right. You agree that all modifications or changes to these User Terms are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these User Terms, we will change the “Last Updated” date at the top of these User Terms. You agree to re-visit this web page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date of the last revision to these User Terms. If the “Last Updated” date remains unchanged from the last time you reviewed these User Terms, then you may presume that nothing in these User Terms have been changed since the last time you read them. If the “Last Updated” date has changed, then you can be certain that something in these User Terms has been changed, and you agree that you will re-review these User Terms in their entirety and that you will agree to their terms or immediately cease use of any websites covered by these User Terms.
Waiver of Right to Review Amended Terms: If you fail to re-review these User Terms as required to determine if any of the terms have changed, you assume all responsibility for such omission and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
English Language: We have written these User Terms and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these User Terms as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these User Terms. In the event that you choose to translate these User Terms, you do so at your own risk, as only the English language version is binding.
Export Control: You understand and acknowledge that the software elements of the Materials on 4FANS may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship: Nothing in these User Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Usages: In these User Terms, unless otherwise stated or the context otherwise requires, the following usages will apply:
No Waiver: No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these User Terms. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these User Terms.
Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these User Terms.
Other Jurisdictions/Foreign Law: We make no representation that 4FANS, Services, or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access 4FANS and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these User Terms shall be interpreted as an admission that that 4FANS is subject to the laws of any nation besides Cyprus.
Service Not Available in Some Areas: You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access 4FANS. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use 4FANS while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these User Terms, and subject to having your account suspended or terminated without any notice to you. You hereby agree that 4FANS cannot be held liable if laws applicable to you restrict or prohibit your participation. 4FANS makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on 4FANS, nor shall any person affiliated, or claiming affiliation, with 4FANS have authority to make any such representations or warranties. We reserve the right to restrict access to 4FANS in any jurisdiction.