Termini di servizio
TERMS OF USE FOR ALL USERS
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of CallingFans and your agreement with us and contract of delivery economical resources
Interpretation: In the Terms of Service:
we refer to our website as "Callingfans", including when accessed via the URL www.callingfans.com;
references to "we", "our", "us" are references to Calling New Digital srl and Mario Lisco, the operator of CallingFans; "Content" means any material uploaded to CallingFans by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their CallingFans account as a Creator account to post Content on CallingFans to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan/Creator Transaction" means any transaction between a Fan and a Creator on CallingFans by which access is granted to the Creator's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) use by the Fan of the fan interaction function on a Creator's account;
"Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) by way of a tip for a Creator;
"Referring User" means a User who participates in the CallingFans Referral Program;
"Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator Transaction, which can be found here;
"Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid, and whether for one month o r as part of a bundle comprising a subscription for more than one month);
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;
"United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
"User" means any user of CallingFans, whether a Creator or a Fan or both (also referred to as "you" or "your").
Who we are and how to contact us : Callingfans is operared by Calling new digital and Mario Lisco Pymes. We are a limited company with offices in United States Los Angeles and Mexico city.
Marketing and technical office are located:
404 Wilshire Blvd piano 3 interno 2 Santa Monica, CA 90401, United States
Legal office are located:
MARIO LISCO PYMES
Avenida Popocatepetl 418
Mexico city
To contact us with any questions about CallingFans, please email our support team at info@callingfansfans.com. Please consider that we receveid a lot of email every day so be pacient to wait a response.With this contract you agree that Calling Fans and its owner takes commission for managing the platform and that the rest of the commission is taken by the payment processor and the bank in the currency exchange
· that it has the means to offer the user that uses the digital platform called “callingfans” in order to receive the economical resources of "the fans " which is the person who adheres to this contract and decides to sponsor a third party figure called “the sponsored party or content creators”.
· that he wishes to act as “the representative” for the purpose of receiving economic resources and delivering them to the sponsored party, to the bank account designated by the sponsored party.
the fans declares:
· that under his own rights as an “individual”, decides to provide economical resources, in order that “ the REPRESENTATIVE”, delivers them to the person assigned to receive them.
· declares under oath that the resources sent to "the representative" are of lawful origin and that they are freely given to sponsor the activities related to "calling fans”, and that they do not imply a good or service provided by "the representative".
· that it is the responsibility of the "sponsored" to inform "the representative" of the receipt of the resource sent by "the fan".
· that by prior written or verbal agreement that "the fan" has with "the sponsored", to support activities related to: calling fans.
· that "the fan" has the necessary powers to enter into this agreement and that he/she is of legal age in his/her country of residence.
· that it is their will to adhere to the present contract related to the mediation service for the transfer of resources and delivery of the same to a "sponsored" by the representative", according to the conditions established in the clauses of the present contract of adhesion.
· that it is his desire to be bound by the terms and conditions of this contract, stating that he has the legal capacity to enter into this agreement.
based on the above statements, both "the fan" and "the representative" are subject to the following clauses:clause one (1). definition of terms.
a. “the fan": natural person who instructs a third party called "the representative", so that by means of transfer or delivery of resources to a payment platform called "stripe", is in charge of making the transfer(s) of resource(s) to "the representative".
b. "the representative": person assigned by the developer of the software or digital platform called calling fans, who receives in his/her account from "the fan" the resources to deliver them to "the sponsored".
c. intermediation: service of reception and delivery of economic resources performed by "the fan," "the representative" and "the sponsored.
d. "the sponsored": is the individual who benefits from the economic resources provided by "the representative", coming from a legal source from "the fan", to continue with its activities related to: calling fans.
e. the developer: the legal entity that owns the development of the platform and grants the use of the platform to "the fan" for a fee or free of charge.
f. platform: is the electronic medium in which "the sponsored" makes known any of the activities indicated in paragraph c of this clause, which must be legal, known as “calling fans”.
g. resources: are the economic means that "the fan" transfers to "the representative", so that he/she may deliver them to "the sponsored.
h. currency of reference: it is the legal currency, whether domestic or foreign, in which "the representative" carries out the transactions for the delivery of economic resources.
i. means of payment: digital means denominated "stripe" by the world financial systems of legal character that allow receiving and delivering resources to the person(s) with whom the service has been contracted.
j. confirmation of receipt: it is the resource received in the account of "the representative" by "the fan", to carry out the actions referred to in the second clause of this instrument.
k. confirmation of delivery: it is the confirmation by any means made by "the sponsored" of the resources received and delivered on behalf of "the fan" through "the representative.
clause two (2). purpose of this adhesion contract.
the purpose of this adhesion contract is to provide the services of reception and delivery of economic resources that "the representative" provides to "the fan" for "the sponsored", which shall be mandatory for "the fan", when using the digital platform called calling fans, when he/she wishes to send resources, in accordance with the terms and conditions established in this contract, being "the representative" the only responsible for the delivery of the resources when they are received to "the sponsored".
the contents of the platform are the responsibility of the person who publishes them, whether photographs, texts or any other form of visual or written communication, which are published in a personal way, so the intermediary and the platform are not responsible for any aspect that has to do with the theft of passwords or misuse of these to access the section assigned to the user of the same.
"the fan", refrains from providing data to third parties, related to address, economic activity that develops, email, or any means of contact, on which is applicable to the second article of the federal law of protection of personal data in possession of individuals, which is applicable in the Mexico city, applying the articles listed in chapter ii entitled "of the principles of protection of personal data" of the aforementioned law, understanding that such application is based on the corresponding jurisdiction.
in the event that "the fan", must deliver information without liability, it will be only when in writing or by legal means:
· there is a court order ordering "the fan", to order the delivery of the same.
· by agreement of the persons sponsoring and receiving the resources, in which the delivery of information is authorized, in a document with the written signature of both parties.
the parties agree that the present mediation contract is adjusted to the use of the platform called "calling fans", and represents the way to guarantee that the sponsorship granted will be for the purposes that the developer or developers have implemented.
the mediation service of the present contract by "the fan", will be carried out continuously, when there is the use of the digital platform called "calling fans", without the existence of additional agreements by "the sponsored", for the delivery of resources not agreed upon.
in no case "the representative" will be able to condition "the fan" subsidy quotas or resources that it must deliver to "the sponsored", except for the agreements that it has with the developer for the additional subsidies.
clause third (3) consideration for mediation services.
in this instrument the developer agrees with "the representative", not to charge any consideration, and it is only at the option of the developer, to charge a percentage of the deposits that will be considered as recovery fees for the maintenance of the system and other related expenses to keep this platform published in the DIGITAL OCEAN@ CLOUD COMPUTING .
this instrument does not generate income for exploitation of the platform, since this is free to use for people who wish to support "the sponsored" with economic resources, and is only limited to the contributions for maintenance so agreed between the developer and "the fan", so in this case "the representative" will retain in its bank account a percentage in favor of the developer.
"the representative" will receive through the means of payment called stripe from "the fan", the amounts agreed with "the sponsored", being forbidden to "the fan" :
· to make payments in cash.
· payments by any other means.
· payment by traveler's check.
· payment made by a third party.
· amounts greater than ten thousand euros.
clause four (4). receipt of resources
once "the representative" receives the resources from "the fan", it shall give notice by means of:
e-mail to the address info@callingfans.com OR a message sent for electronic way by payment processor.
· any other means that allows to leave evidence of the delivery of resources to transfer them to "the sponsored".
the payment must be made to the online payment processing called Stripe , which will make the transfer to the account of "the representative", and this in turn will make the bank transfers to the account(s) of "the sponsored".
"the representative" disclaims all legal responsibility for the resources delivered to "the sponsored", in terms of contributions that he/she must pay in his/her country of origin, since its function is to intermediate a platform of free use in which "the fan" decides to support "the sponsored" with its resources.
in case "the representative", decides to change the platform for receiving resources from "the fan", "the representative" will indicate this situation so that "the fan" can make the corresponding deposit.
the parties agree that "the representative" is not obliged to make any payment to "the sponsored" until it confirms the receipt of resources by "the fan" between the online payment processing called Stripe.
clause five (5). platform failures.
"the representative", is obliged to deposit the economic resources received by "the fan", in a term no longer than 168 hours to deliver these to "the sponsored", to the bank account previously designated by the beneficiary its reception; it is prohibited to make deliveries in cash or by any means that may cause money laundering or legal practices that involve legal risks in which "the representative" and the developer of the platform may be involved.
in the event that "the sponsored" has its bank account disabled for any reason, whether legal or technical, it is not the responsibility of "the representative"; therefore, no damages may be considered, and "the sponsored" must notify by any accepted means referred to in clause four (4) by "the sponsored in a term no longer than twenty-four (24) hours, of the new bank account to which the corresponding deposit must be made.
clause six (6). platform failures.
"the representative" is not responsible for the failures suffered by the base platform of this adhesion contract, since it only acts as mediator for the reception and delivery of resources of "the fan" with "the representative" and its responsibility is limited to:
a. delivery of resources.
b. receipt of resources.
c. income retention for platform maintenance.
it is not responsibility of "the representative", any situation in which the payment platform blocks, or prevents in any of the ways whether legal, failures, maintenance or other situation not contemplated, that prevents receiving the resources to be delivered in time and form with the present adhesion contract.
clause seven (7). term, cancellation and termination the term of this mediation agreement shall be as long as "the fan" makes use of the platform called CALLING FANS, and for the following reasons:
a) "the sponsored" does not accept to receive resources.
b) by mutual agreement with the developer to continue using the platform.
c) due to legal situations that harm the community that makes use of the platform.
likewise, the parties establish that "the fan" may terminate this contract whenever "the representative" ceases to receive the resource requested for "the sponsored".
clause eight (8). adhesion to the present instrument
Once registered and entered at the digital platform called “calling fans” "the fan" adheres to the terms and conditions of the present instrument, accepting the contract of "adhesion of mandate of collection and delivery of economic resources".
clause ninth (9). Responsibilities
The "fans " and "sponsored or called conten creators " acknowledge that they are aware that the Content published/consumed through "Calling fans" is unrelated to the platform itself.
We will not be liable to you if you suffer any loss or damage as a result of your accessing, viewing or creating any Uploaded Content (that includes text as well) that may cause you to breach any contract you have with a third party (for example, your Job) or violate any applicable law in your country. We completely distance ourselves from what you consume and/or do.
And the "Fans" and "the sponsored or called content creators" It is recognized through this contract that the platform is not responsible in any case for the disclosure of the content outside the platform, in this case, fans " and "the sponsored" are fully responsible for any disclosure of content that could cause moral, physical, social or any other damage. Fans and Sponsored agree that CALLING FANS will not respond of damages in this type of scenarios and fans and sposorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
clause ten (10). RESPONSABILITIES OF EVERY USER AND EVERY CONTENT CREATOR BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of Calling Fans and all Content on Calling Fans and forms part of your agreement with us. This Policy sets out what is and is not permitted on Calling Fans.
YOU ACCEPT TO RESPECT EVERY MOMENTS OUR POLICY, WHEN YOU ACCESS THE SITE AND REGISTER YOU ACCEPT ALL THE CONDITIONS EXPLAINED HERE WITHOUT EXCEPTIONS
1.By accessing the site you declare that you accept that the platform is not responsible under any circumstances for the contents posted or sent by creators and fans within our platform. We have no obligation to monitor the contents but it is the responsibility of each user of the platform who declares by accessing the site to know all the terms of the contract. You agree that the platform is not responsible for any content ( video, text, photos, gift and every medua content in general) posted on the platform and then disseminated by third parties outside the platform but it is the responsibility of each user who will be responsible for the laws of his state. we are not responsible for any damage due to content posted created or inserted into the platform that creates damage to any user as the user accepts by accessing the site to be aware of these conditions.
Do not use Calling Fans except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Calling Fans to or with anyone else.IT IS NOT PERMITTED UNDER ANY CIRCUMSTANCES TO USE PHOTOS OR VIDEOS THAT PORTRAY A PERSON WHO DOES NOT GIVE THEIR CONSENT THROUGH A DOCUMENT OR IN WRITING. YOU ARE FULLY RESPONSIBLE UNDER THE LAWS OF YOUR COUNTRY IF YOU USE IMAGES OF PEOPLE WHO DO NOT ALLOW IT AND YOU AGREE TO RELEASE THE PLATFORM FROM ANY LIABILITY. IF YOU THINK SOMEONE IS USING PHOTOS AND VIDEOS OF PEOPLE WITHOUT CONSENT PLEASE SEND AN EMAIL TO INFO@CALLINGFANS.COM WITH THE SUBJECT CONTENT REMOVAL. ACCORDING TO THE FLOW OF EMAILS WE RECEIVE WE WILL WORK TO RESPOND TO THE EMAILS. THE REGISTRATION, USE AND SENDING OF PHOTOS OR VIDEOS OF CHILDREN UNDER THE AGE OF 18 IS NEVER PERMITTED. IN THIS CASE PLEASE REPORT ANY SUSPICIOUS CONTENT FOR MINORS BY SENDING AN EMAIL TOķ INFO@CALLINGFANS.COM WITH THE SUBJECT OF CONTENT REMOVAL. THE PLATFORM DOES NOT IT ALLOWS THIS TYPE OF BEHAVIOR UNDER NO CIRCUMSTANCES AND COLLABORATES WITH THE JUSTICE OF EACH COUNTRY TO AVOID SUCH CRIMES. IF YOU SEND IMAGES OR VIDEOS CONTRARY TO THE LAW OF YOUR COUNTRY YOU AREk COMMITTING A CRIME AND IT IS TOTALLY CONTRARY TO THE RULES OF THIS PLATFORM AND THE FOLLOWING AGREEMENT.
2. Only use Calling Fans in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Calling Fans that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity. You accept that Calling Fans will not respond of damages in this type of scenarios and fans and sponsorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
3. Do not use Calling Fans in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
4. Do not upload, post, display, text or publish Content on Calling Fans that:
a. shows, includes or refers to:
i. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
ii. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
b. shows, promotes, advertises or refers to:
i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
ii. drugs or drug paraphernalia;
iii. self-harm or suicide;
iv. incest;
v. bestiality;
vi. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
vii. necrophilia;
viii. urine, scatological, or excrement-related material;
ix. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Calling Fans );
x. escort services, sex trafficking, or prostitution.We do not allow prostitution services or facilitation of prostitution under any circumstances. These types of behaviors are totally against the platform's policy and constitute a violation of the following agreement. If you know someone who usesķ the platform for this type of behavior please contact us immediately at the email info@callingfans.com with the subject "content removal" we will try to respond according to the email flow as soon as possible.ķ
xi contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
d. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity,ķ national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
e. contains or refers to anyone else's personal data or privatek or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Calling Fans including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
f. either:
i. in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
ii. in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
g. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
h. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
i. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
j. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
5. Do not use Calling Fans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
6. Do not use Calling Fans to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
7. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
8. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
9. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
10. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
11. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
12. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
13. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
14. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
15. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
16. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Calling Fans
17. Do not use Calling Fans in a way that could adversely affect our systems or security or interfere with any other User’s use of Calling Fans , including their ability to engage in real-time activities through Calling Fans
18. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Calling Fans or any server, network or system associated with Calling Fans, or to extract, scrape, collect, harvest or gather Content or information from Calling Fans.
19. Do not use Calling Fans ' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
ClausE THENTY 20 You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of CallingFans. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on CallingFans contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
User is aware that creators with artificial intelligence can be used and accepts in using the service that he can chat or have conversations with creators made with artificial intelligence. Images or videos of deepfakes that can damage the rights of real existing people are NEVER ALLOWED AND WILL BE REPORTED TO THE competent AUTHORITIES. The platform is not responsible for users who use such images or videos. In case you have seen images of deepfakes that damage real existing people please write to us immediately on the contact page of the site or to the email info@callingfans.com with the subject "DEEPFAKES or Illegal content" we will try to answer everyone.
CLAUSE TWENTY-ONE 21 Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
VERY IMPORTANT PLEASE READ WELL BEFORE TO PAY : By accepting payment on calling fans you agree that we charge IVA/VAT if you are mexican resident OR if you use the website outside of Mexico twenty percent 20% included payment processor fees and our fee. 20% charged to the fan called "PAYMENT PROCESSOR FEE"due to lack of space it is the CALCULATION OF
-payment processor fee for service outside mexico 5.9%
-euro or dollar/pesos exchange normally other 1,9%
-bank charge 2.2%
-site maintenance and security for service outside mexico 10%
FOR EVERY QUESTIONS ABOUT PAYMENT PROCESSOR FEE PLEASE WRITE ON THE PAGE CONTACT WITH THE SUBJECT PAYMENT PROCESSOR FEE.
IMPORTANT:
IF YOU ARE MEXICAN OR RESIDENT IN MEXICO: YOU NEED TO PAY 16% IVA/VAT YOU NOT NEED TO PAY 20% OF TRANSACTION FEE
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fanm and Creator. Although we facilitate Fan/Creator Transactions by providing the CallingFans platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.
Creators are solely responsible for determining (within the parameters for pricing on CallingFans) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in EURO only.
To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in EURO Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
Wallet credits: You can prepay an amount on CallingFans (known as "Wallet Credits") which you can later use to make Fan Payments. Purchases on CallingFans cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
CLAUSE TWENTY-TWO BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
We charge a fee to you like creator of 15% per cent. This commission help us to pay SERVER, MAINTANCE, EMPLOYEE'COST, COMPANY'S COST. The remaining 85% of the Fan Payment is payable to you called CREATORS EARNING. REMEMBER TO PAY YOUR TAXES IN YOUR COUNTRY.
How to set up your account as a Creator account: To set up your account as a Creator account:
You will need on your User account page to upload a valid form of ID and photo of you in accordance with the requirements set out here.
You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
You will need on your User account page to select one of the available methods provided by CallingFans as to how your Creator Earnings will be transferred to you.
These methods are called Payout Options.
If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number. See the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to UK VAT.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by CallingFans as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on CallingFans; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on CallingFans.
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on CallingFans.
You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored
Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
PLEASE READ CAREFUL IF YOU USE A CO-AUTHORED BANK ACCOUNT YOU NEED A WRITTEN CONSENT OF THE CO AUTHORED THAT IS OWNER OF THIS BANK ACCOUNT AND IN EVERY CASE THE PLATFORM IS NOT RESPONSABLE TO DELIVER ECONOMIC RESOURCE IN THE BANK ACCOUNT DESIGNATED FROM THE CREATOR. WITH THIS CONTRACT YOU ACCEPT THAT THE PLATFORM IS NOT RESPONSABLE FOR ANY CIRCUSTANCE FOR THE BANK ACCOUNT DESIGNATED BY CONTENT CREATOR.
To make a withdrawal of Creator Earnings from your To make a withdrawal of Creator Earnings from your CallingFans account, you must have at least the minimum payout amount in your CallingFans account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings
We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
By using CallingFans as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of CallingFans to the relevant Tax authority in your jurisdiction, as required by law.
By using CallingFans as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you.with this contract you agree that we are in no case responsible for paying taxes in your country. It is your responsibility to pay and declare all sums received from the platform through our companies Mario Lisco and Calling New Digital and the subsidiary Only4fitness.
By using calling fans you are responsible that if you promote other links of external or competing platforms or agree to have them paid on external platforms you will be suspended or banned and your earnings blocked.
VERY IMPORTANT PLEASE READ :
you are responsible for invoicing all amounts received for your business in CallingFans for VAT payment to your government.
You are responsible if your government law requires it to send us the invoice to our email info@callingfans.com with the subject TAX INVOICE.
Our invoice data for your Vat purpose
Mario Lisco persona con actividad empresarial
LIMA830709TK
Desierto de los leones 4375
Cp 01790, Mexico city
You acept that you are solely responsable for paying your taxes and declares all sums received for calling fans' activity.
By accepting this contract you are responsible that you are solely responsible for paying taxes and declaring the sums received for your activity as a creator on the Calling Fans platform and that it is your sole responsibility to request billing information. We would never be liable for your obligations to your government for any amounts received.
clause twenty-two jurisdiction.
the parties agree that whatever is not expressly provided for in this instrument, the provisions of Mexico city law shall be applicable at all times, in matters of mediation referred to in the civil code for Mexico city 3, and that for judicial interpretation and compliance, they submit to the jurisdiction of the competent courts of Mexico city waiving any other jurisdiction that may correspond to them by domicile.
This contract was published on April 1, 2021
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of CallingFans and your agreement with us and contract of delivery economical resources
Interpretation: In the Terms of Service:
we refer to our website as "Callingfans", including when accessed via the URL www.callingfans.com;
references to "we", "our", "us" are references to Calling New Digital srl and Mario Lisco, the operator of CallingFans; "Content" means any material uploaded to CallingFans by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their CallingFans account as a Creator account to post Content on CallingFans to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan/Creator Transaction" means any transaction between a Fan and a Creator on CallingFans by which access is granted to the Creator's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) use by the Fan of the fan interaction function on a Creator's account;
"Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) by way of a tip for a Creator;
"Referring User" means a User who participates in the CallingFans Referral Program;
"Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator Transaction, which can be found here;
"Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid, and whether for one month o r as part of a bundle comprising a subscription for more than one month);
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;
"United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and
"User" means any user of CallingFans, whether a Creator or a Fan or both (also referred to as "you" or "your").
Who we are and how to contact us : Callingfans is operared by Calling new digital and Mario Lisco Pymes. We are a limited company with offices in United States Los Angeles and Mexico city.
Marketing and technical office are located:
404 Wilshire Blvd piano 3 interno 2 Santa Monica, CA 90401, United States
Legal office are located:
MARIO LISCO PYMES
Avenida Popocatepetl 418
Mexico city
To contact us with any questions about CallingFans, please email our support team at info@callingfansfans.com. Please consider that we receveid a lot of email every day so be pacient to wait a response.With this contract you agree that Calling Fans and its owner takes commission for managing the platform and that the rest of the commission is taken by the payment processor and the bank in the currency exchange
· that it has the means to offer the user that uses the digital platform called “callingfans” in order to receive the economical resources of "the fans " which is the person who adheres to this contract and decides to sponsor a third party figure called “the sponsored party or content creators”.
· that he wishes to act as “the representative” for the purpose of receiving economic resources and delivering them to the sponsored party, to the bank account designated by the sponsored party.
the fans declares:
· that under his own rights as an “individual”, decides to provide economical resources, in order that “ the REPRESENTATIVE”, delivers them to the person assigned to receive them.
· declares under oath that the resources sent to "the representative" are of lawful origin and that they are freely given to sponsor the activities related to "calling fans”, and that they do not imply a good or service provided by "the representative".
· that it is the responsibility of the "sponsored" to inform "the representative" of the receipt of the resource sent by "the fan".
· that by prior written or verbal agreement that "the fan" has with "the sponsored", to support activities related to: calling fans.
· that "the fan" has the necessary powers to enter into this agreement and that he/she is of legal age in his/her country of residence.
· that it is their will to adhere to the present contract related to the mediation service for the transfer of resources and delivery of the same to a "sponsored" by the representative", according to the conditions established in the clauses of the present contract of adhesion.
· that it is his desire to be bound by the terms and conditions of this contract, stating that he has the legal capacity to enter into this agreement.
based on the above statements, both "the fan" and "the representative" are subject to the following clauses:clause one (1). definition of terms.
a. “the fan": natural person who instructs a third party called "the representative", so that by means of transfer or delivery of resources to a payment platform called "stripe", is in charge of making the transfer(s) of resource(s) to "the representative".
b. "the representative": person assigned by the developer of the software or digital platform called calling fans, who receives in his/her account from "the fan" the resources to deliver them to "the sponsored".
c. intermediation: service of reception and delivery of economic resources performed by "the fan," "the representative" and "the sponsored.
d. "the sponsored": is the individual who benefits from the economic resources provided by "the representative", coming from a legal source from "the fan", to continue with its activities related to: calling fans.
e. the developer: the legal entity that owns the development of the platform and grants the use of the platform to "the fan" for a fee or free of charge.
f. platform: is the electronic medium in which "the sponsored" makes known any of the activities indicated in paragraph c of this clause, which must be legal, known as “calling fans”.
g. resources: are the economic means that "the fan" transfers to "the representative", so that he/she may deliver them to "the sponsored.
h. currency of reference: it is the legal currency, whether domestic or foreign, in which "the representative" carries out the transactions for the delivery of economic resources.
i. means of payment: digital means denominated "stripe" by the world financial systems of legal character that allow receiving and delivering resources to the person(s) with whom the service has been contracted.
j. confirmation of receipt: it is the resource received in the account of "the representative" by "the fan", to carry out the actions referred to in the second clause of this instrument.
k. confirmation of delivery: it is the confirmation by any means made by "the sponsored" of the resources received and delivered on behalf of "the fan" through "the representative.
clause two (2). purpose of this adhesion contract.
the purpose of this adhesion contract is to provide the services of reception and delivery of economic resources that "the representative" provides to "the fan" for "the sponsored", which shall be mandatory for "the fan", when using the digital platform called calling fans, when he/she wishes to send resources, in accordance with the terms and conditions established in this contract, being "the representative" the only responsible for the delivery of the resources when they are received to "the sponsored".
the contents of the platform are the responsibility of the person who publishes them, whether photographs, texts or any other form of visual or written communication, which are published in a personal way, so the intermediary and the platform are not responsible for any aspect that has to do with the theft of passwords or misuse of these to access the section assigned to the user of the same.
"the fan", refrains from providing data to third parties, related to address, economic activity that develops, email, or any means of contact, on which is applicable to the second article of the federal law of protection of personal data in possession of individuals, which is applicable in the Mexico city, applying the articles listed in chapter ii entitled "of the principles of protection of personal data" of the aforementioned law, understanding that such application is based on the corresponding jurisdiction.
in the event that "the fan", must deliver information without liability, it will be only when in writing or by legal means:
· there is a court order ordering "the fan", to order the delivery of the same.
· by agreement of the persons sponsoring and receiving the resources, in which the delivery of information is authorized, in a document with the written signature of both parties.
the parties agree that the present mediation contract is adjusted to the use of the platform called "calling fans", and represents the way to guarantee that the sponsorship granted will be for the purposes that the developer or developers have implemented.
the mediation service of the present contract by "the fan", will be carried out continuously, when there is the use of the digital platform called "calling fans", without the existence of additional agreements by "the sponsored", for the delivery of resources not agreed upon.
in no case "the representative" will be able to condition "the fan" subsidy quotas or resources that it must deliver to "the sponsored", except for the agreements that it has with the developer for the additional subsidies.
clause third (3) consideration for mediation services.
in this instrument the developer agrees with "the representative", not to charge any consideration, and it is only at the option of the developer, to charge a percentage of the deposits that will be considered as recovery fees for the maintenance of the system and other related expenses to keep this platform published in the DIGITAL OCEAN@ CLOUD COMPUTING .
this instrument does not generate income for exploitation of the platform, since this is free to use for people who wish to support "the sponsored" with economic resources, and is only limited to the contributions for maintenance so agreed between the developer and "the fan", so in this case "the representative" will retain in its bank account a percentage in favor of the developer.
"the representative" will receive through the means of payment called stripe from "the fan", the amounts agreed with "the sponsored", being forbidden to "the fan" :
· to make payments in cash.
· payments by any other means.
· payment by traveler's check.
· payment made by a third party.
· amounts greater than ten thousand euros.
clause four (4). receipt of resources
once "the representative" receives the resources from "the fan", it shall give notice by means of:
e-mail to the address info@callingfans.com OR a message sent for electronic way by payment processor.
· any other means that allows to leave evidence of the delivery of resources to transfer them to "the sponsored".
the payment must be made to the online payment processing called Stripe , which will make the transfer to the account of "the representative", and this in turn will make the bank transfers to the account(s) of "the sponsored".
"the representative" disclaims all legal responsibility for the resources delivered to "the sponsored", in terms of contributions that he/she must pay in his/her country of origin, since its function is to intermediate a platform of free use in which "the fan" decides to support "the sponsored" with its resources.
in case "the representative", decides to change the platform for receiving resources from "the fan", "the representative" will indicate this situation so that "the fan" can make the corresponding deposit.
the parties agree that "the representative" is not obliged to make any payment to "the sponsored" until it confirms the receipt of resources by "the fan" between the online payment processing called Stripe.
clause five (5). platform failures.
"the representative", is obliged to deposit the economic resources received by "the fan", in a term no longer than 168 hours to deliver these to "the sponsored", to the bank account previously designated by the beneficiary its reception; it is prohibited to make deliveries in cash or by any means that may cause money laundering or legal practices that involve legal risks in which "the representative" and the developer of the platform may be involved.
in the event that "the sponsored" has its bank account disabled for any reason, whether legal or technical, it is not the responsibility of "the representative"; therefore, no damages may be considered, and "the sponsored" must notify by any accepted means referred to in clause four (4) by "the sponsored in a term no longer than twenty-four (24) hours, of the new bank account to which the corresponding deposit must be made.
clause six (6). platform failures.
"the representative" is not responsible for the failures suffered by the base platform of this adhesion contract, since it only acts as mediator for the reception and delivery of resources of "the fan" with "the representative" and its responsibility is limited to:
a. delivery of resources.
b. receipt of resources.
c. income retention for platform maintenance.
it is not responsibility of "the representative", any situation in which the payment platform blocks, or prevents in any of the ways whether legal, failures, maintenance or other situation not contemplated, that prevents receiving the resources to be delivered in time and form with the present adhesion contract.
clause seven (7). term, cancellation and termination the term of this mediation agreement shall be as long as "the fan" makes use of the platform called CALLING FANS, and for the following reasons:
a) "the sponsored" does not accept to receive resources.
b) by mutual agreement with the developer to continue using the platform.
c) due to legal situations that harm the community that makes use of the platform.
likewise, the parties establish that "the fan" may terminate this contract whenever "the representative" ceases to receive the resource requested for "the sponsored".
clause eight (8). adhesion to the present instrument
Once registered and entered at the digital platform called “calling fans” "the fan" adheres to the terms and conditions of the present instrument, accepting the contract of "adhesion of mandate of collection and delivery of economic resources".
clause ninth (9). Responsibilities
The "fans " and "sponsored or called conten creators " acknowledge that they are aware that the Content published/consumed through "Calling fans" is unrelated to the platform itself.
We will not be liable to you if you suffer any loss or damage as a result of your accessing, viewing or creating any Uploaded Content (that includes text as well) that may cause you to breach any contract you have with a third party (for example, your Job) or violate any applicable law in your country. We completely distance ourselves from what you consume and/or do.
And the "Fans" and "the sponsored or called content creators" It is recognized through this contract that the platform is not responsible in any case for the disclosure of the content outside the platform, in this case, fans " and "the sponsored" are fully responsible for any disclosure of content that could cause moral, physical, social or any other damage. Fans and Sponsored agree that CALLING FANS will not respond of damages in this type of scenarios and fans and sposorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
clause ten (10). RESPONSABILITIES OF EVERY USER AND EVERY CONTENT CREATOR BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of Calling Fans and all Content on Calling Fans and forms part of your agreement with us. This Policy sets out what is and is not permitted on Calling Fans.
YOU ACCEPT TO RESPECT EVERY MOMENTS OUR POLICY, WHEN YOU ACCESS THE SITE AND REGISTER YOU ACCEPT ALL THE CONDITIONS EXPLAINED HERE WITHOUT EXCEPTIONS
1.By accessing the site you declare that you accept that the platform is not responsible under any circumstances for the contents posted or sent by creators and fans within our platform. We have no obligation to monitor the contents but it is the responsibility of each user of the platform who declares by accessing the site to know all the terms of the contract. You agree that the platform is not responsible for any content ( video, text, photos, gift and every medua content in general) posted on the platform and then disseminated by third parties outside the platform but it is the responsibility of each user who will be responsible for the laws of his state. we are not responsible for any damage due to content posted created or inserted into the platform that creates damage to any user as the user accepts by accessing the site to be aware of these conditions.
Do not use Calling Fans except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Calling Fans to or with anyone else.IT IS NOT PERMITTED UNDER ANY CIRCUMSTANCES TO USE PHOTOS OR VIDEOS THAT PORTRAY A PERSON WHO DOES NOT GIVE THEIR CONSENT THROUGH A DOCUMENT OR IN WRITING. YOU ARE FULLY RESPONSIBLE UNDER THE LAWS OF YOUR COUNTRY IF YOU USE IMAGES OF PEOPLE WHO DO NOT ALLOW IT AND YOU AGREE TO RELEASE THE PLATFORM FROM ANY LIABILITY. IF YOU THINK SOMEONE IS USING PHOTOS AND VIDEOS OF PEOPLE WITHOUT CONSENT PLEASE SEND AN EMAIL TO INFO@CALLINGFANS.COM WITH THE SUBJECT CONTENT REMOVAL. ACCORDING TO THE FLOW OF EMAILS WE RECEIVE WE WILL WORK TO RESPOND TO THE EMAILS. THE REGISTRATION, USE AND SENDING OF PHOTOS OR VIDEOS OF CHILDREN UNDER THE AGE OF 18 IS NEVER PERMITTED. IN THIS CASE PLEASE REPORT ANY SUSPICIOUS CONTENT FOR MINORS BY SENDING AN EMAIL TOķ INFO@CALLINGFANS.COM WITH THE SUBJECT OF CONTENT REMOVAL. THE PLATFORM DOES NOT IT ALLOWS THIS TYPE OF BEHAVIOR UNDER NO CIRCUMSTANCES AND COLLABORATES WITH THE JUSTICE OF EACH COUNTRY TO AVOID SUCH CRIMES. IF YOU SEND IMAGES OR VIDEOS CONTRARY TO THE LAW OF YOUR COUNTRY YOU AREk COMMITTING A CRIME AND IT IS TOTALLY CONTRARY TO THE RULES OF THIS PLATFORM AND THE FOLLOWING AGREEMENT.
2. Only use Calling Fans in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Calling Fans that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity. You accept that Calling Fans will not respond of damages in this type of scenarios and fans and sponsorend are fully responsible of all contents (photos or videos and text ) that they publish or if they share content outside of Calling Fans that can cause moral and physical damage to the fans or sponsored or external third party.
3. Do not use Calling Fans in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
4. Do not upload, post, display, text or publish Content on Calling Fans that:
a. shows, includes or refers to:
i. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
ii. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
b. shows, promotes, advertises or refers to:
i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
ii. drugs or drug paraphernalia;
iii. self-harm or suicide;
iv. incest;
v. bestiality;
vi. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
vii. necrophilia;
viii. urine, scatological, or excrement-related material;
ix. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Calling Fans );
x. escort services, sex trafficking, or prostitution.We do not allow prostitution services or facilitation of prostitution under any circumstances. These types of behaviors are totally against the platform's policy and constitute a violation of the following agreement. If you know someone who usesķ the platform for this type of behavior please contact us immediately at the email info@callingfans.com with the subject "content removal" we will try to respond according to the email flow as soon as possible.ķ
xi contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
d. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity,ķ national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
e. contains or refers to anyone else's personal data or privatek or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Calling Fans including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
f. either:
i. in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
ii. in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
g. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
h. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
i. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
j. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
5. Do not use Calling Fans to stalk, bully, abuse, harass, threaten or intimidate anyone else.
6. Do not use Calling Fans to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
7. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
8. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
9. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
10. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
11. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
12. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
13. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
14. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
15. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
16. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Calling Fans
17. Do not use Calling Fans in a way that could adversely affect our systems or security or interfere with any other User’s use of Calling Fans , including their ability to engage in real-time activities through Calling Fans
18. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Calling Fans or any server, network or system associated with Calling Fans, or to extract, scrape, collect, harvest or gather Content or information from Calling Fans.
19. Do not use Calling Fans ' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
ClausE THENTY 20 You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of CallingFans. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on CallingFans contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
User is aware that creators with artificial intelligence can be used and accepts in using the service that he can chat or have conversations with creators made with artificial intelligence. Images or videos of deepfakes that can damage the rights of real existing people are NEVER ALLOWED AND WILL BE REPORTED TO THE competent AUTHORITIES. The platform is not responsible for users who use such images or videos. In case you have seen images of deepfakes that damage real existing people please write to us immediately on the contact page of the site or to the email info@callingfans.com with the subject "DEEPFAKES or Illegal content" we will try to answer everyone.
CLAUSE TWENTY-ONE 21 Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
VERY IMPORTANT PLEASE READ WELL BEFORE TO PAY : By accepting payment on calling fans you agree that we charge IVA/VAT if you are mexican resident OR if you use the website outside of Mexico twenty percent 20% included payment processor fees and our fee. 20% charged to the fan called "PAYMENT PROCESSOR FEE"due to lack of space it is the CALCULATION OF
-payment processor fee for service outside mexico 5.9%
-euro or dollar/pesos exchange normally other 1,9%
-bank charge 2.2%
-site maintenance and security for service outside mexico 10%
FOR EVERY QUESTIONS ABOUT PAYMENT PROCESSOR FEE PLEASE WRITE ON THE PAGE CONTACT WITH THE SUBJECT PAYMENT PROCESSOR FEE.
IMPORTANT:
IF YOU ARE MEXICAN OR RESIDENT IN MEXICO: YOU NEED TO PAY 16% IVA/VAT YOU NOT NEED TO PAY 20% OF TRANSACTION FEE
All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fanm and Creator. Although we facilitate Fan/Creator Transactions by providing the CallingFans platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.
Creators are solely responsible for determining (within the parameters for pricing on CallingFans) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in EURO only.
To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in EURO Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
Wallet credits: You can prepay an amount on CallingFans (known as "Wallet Credits") which you can later use to make Fan Payments. Purchases on CallingFans cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
CLAUSE TWENTY-TWO BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
We charge a fee to you like creator of 15% per cent. This commission help us to pay SERVER, MAINTANCE, EMPLOYEE'COST, COMPANY'S COST. The remaining 85% of the Fan Payment is payable to you called CREATORS EARNING. REMEMBER TO PAY YOUR TAXES IN YOUR COUNTRY.
How to set up your account as a Creator account: To set up your account as a Creator account:
You will need on your User account page to upload a valid form of ID and photo of you in accordance with the requirements set out here.
You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
You will need on your User account page to select one of the available methods provided by CallingFans as to how your Creator Earnings will be transferred to you.
These methods are called Payout Options.
If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number. See the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to UK VAT.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by CallingFans as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on CallingFans; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on CallingFans.
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on CallingFans.
You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored
Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
PLEASE READ CAREFUL IF YOU USE A CO-AUTHORED BANK ACCOUNT YOU NEED A WRITTEN CONSENT OF THE CO AUTHORED THAT IS OWNER OF THIS BANK ACCOUNT AND IN EVERY CASE THE PLATFORM IS NOT RESPONSABLE TO DELIVER ECONOMIC RESOURCE IN THE BANK ACCOUNT DESIGNATED FROM THE CREATOR. WITH THIS CONTRACT YOU ACCEPT THAT THE PLATFORM IS NOT RESPONSABLE FOR ANY CIRCUSTANCE FOR THE BANK ACCOUNT DESIGNATED BY CONTENT CREATOR.
To make a withdrawal of Creator Earnings from your To make a withdrawal of Creator Earnings from your CallingFans account, you must have at least the minimum payout amount in your CallingFans account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings
We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
By using CallingFans as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of CallingFans to the relevant Tax authority in your jurisdiction, as required by law.
By using CallingFans as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you.with this contract you agree that we are in no case responsible for paying taxes in your country. It is your responsibility to pay and declare all sums received from the platform through our companies Mario Lisco and Calling New Digital and the subsidiary Only4fitness.
By using calling fans you are responsible that if you promote other links of external or competing platforms or agree to have them paid on external platforms you will be suspended or banned and your earnings blocked.
VERY IMPORTANT PLEASE READ :
you are responsible for invoicing all amounts received for your business in CallingFans for VAT payment to your government.
You are responsible if your government law requires it to send us the invoice to our email info@callingfans.com with the subject TAX INVOICE.
Our invoice data for your Vat purpose
Mario Lisco persona con actividad empresarial
LIMA830709TK
Desierto de los leones 4375
Cp 01790, Mexico city
You acept that you are solely responsable for paying your taxes and declares all sums received for calling fans' activity.
By accepting this contract you are responsible that you are solely responsible for paying taxes and declaring the sums received for your activity as a creator on the Calling Fans platform and that it is your sole responsibility to request billing information. We would never be liable for your obligations to your government for any amounts received.
clause twenty-two jurisdiction.
the parties agree that whatever is not expressly provided for in this instrument, the provisions of Mexico city law shall be applicable at all times, in matters of mediation referred to in the civil code for Mexico city 3, and that for judicial interpretation and compliance, they submit to the jurisdiction of the competent courts of Mexico city waiving any other jurisdiction that may correspond to them by domicile.
This contract was published on April 1, 2021