TERMS OF SERVICE
This Terms of service (“agreement”) is between you the [“User” or “you” or “Content Creator”] and DOTFANS (collectively, “DOTFANS”, “we”, “our” and “us”.)
This agreement, govern your access to and use of our services, including our various websites, mobile applications, messenger, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of service and any other provisions and/or terms and/or otherwise between DOTFANS and you, the provisions and the terms of these Terms of service will prevail. Please feel free to contact us with any questions regarding the content of this agreement. You can contact us via, www.jdotfans.com a ‘contact us’ form shall be displayed where you are required to fill in your name, your email, subject and message to us.
Therefore, the use of www.jdotfans.com, is subject to the following terms of service. DOTFANS reserves the right to update the agreement at any time without notice to the user. The most current version of the agreement can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
1. USAGE
You may use the Services only if you agree to form a binding contract with DOTFANS and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify DOTFANS for any losses, costs or damages, including reasonable legal fees, incurred by DOTFANS in relation to, or arising out of, such a breach.
2. ABOUT DOTFANS
DOTFANS is a Social Media community platform that enable people to create contents, connect with each other, build communities, and grow businesses. The Website is a social media website and application service which allows Users to create a profile, upload photos and videos onto their profile, set a monthly subscription price payable by other Users who wish to view their User Content and thereby generate revenue from other users of their content. These Terms govern your use of the Website, including any content, functionality, and services offered on or through the Website whether part of DOTFANS. By registering with and using DOTFANS, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the Website.
DOTFANS service can be accessed from devices with Internet Connectivity, such as personal computers, tablets and smartphones.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
Our Privacy Policy which can be accessed via www.jdotfans.com/privacy, and explains how we collect and use your personal data.
3. APPLICABILITY
"These general terms and conditions (the "Conditions") apply to:
(a) The use of any information, pictures, documents and/or other services offered by DOTFANS via www.jdotfans.com (“Website or site”);
(b) Upload of User content on the site as well as membership subscriptions to view other User’s content on the site.
4. YOUR ACCOUNT
You will be required to create an account on the website before using the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password. You can elect to create an account as a GENERAL USER or as a CONTENT CREATOR.
To become a USER, you must register and create a User Account on DOTFANS. You must provide your Name, date of birth, a valid email address, a username, and a password or a valid Twitter, Facebook or Google account for easy sign up. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by our Privacy Policy, and you proceed on the basis that you are aware of how and why we process your personal data, as is set out in Privacy Policy.
If you wish to view User Content you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the third-party Payment Provider used on the site.
To become a CONTENT CREATOR, you must register and create a User Account on DOTFANS. You must provide your Name, date of birth, a valid email address, a username, and a password or a valid Twitter, Facebook or Google account for easy sign up. You will also be required to submit a National ID to verify your age and account during set up. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you are a Creator and wish to receive payment of Commissions, you will need to include onto your User Account Payout Options and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America. The exact information required will depend on your country of residence. Amounts due to you as a Creator from USERS will be paid to you by one of our Payment Providers in accordance with your Payout Options.
By creating an account on the Site, you warrant:
- That all the details you provide are true, accurate, current and complete in all respects;
- To only create one (1) account and to only use the Site using your own username and password;
- Not to disclose your password to anyone and to make every effort to keep your password safe;
- To change your password immediately upon discovering that your account has been compromised; and
- To notify us if you suspect someone has accessed your account without permission.
DOTFANS reserve the right to terminate your account and to suspend or terminate your access to the website immediately and without notice to you if:
- You breach these Terms;
- You are impersonating any other person or entity;
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
DOTFANS suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation.
Account deactivation
Should you wish to deactivate your DOTFANS membership then you may do so in your User Account section.
If you are a USER then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to User Contents. Any subscriptions will be deleted and cannot be subsequently renewed.
If you are a Creator then you can only deactivate your membership when your last USER’s Subscription has expired, and you have withdrawn any balance on your account.
If you are both a Creator and a USER then the account will be deactivated in two stages (USER and then Creator).
You will receive an email confirmation upon the successful deletion of your account.
5. SUBSCRIPTIONS AND MODE OF PAYMENT
Users will be able to subscribe to premium accounts or pay for "one-time payments" using PayPal and/or credit cards. Content creators will create a stripe account throughout step-by-step account creation process, in order to receive payments and their subscription commission fees.
DOTFANS will procure that Payment Providers ensure that Creators will receive the Commission from DOTFANS with the difference between the Revenue and Commission being a management fee (which will include Incentive Payments) levied by DOTFANS and payments due to the Payment Providers. The management fee is for providing, maintaining and operating the Website. The Commission will be 4.5 % of the Revenue generated by USERS paying to view User Content uploaded on the platform.
In order to view User Content, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator’s profile. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into your User account.
Acceptable mode of Payments for transactions on the site can be done via PayPal & credit cards - VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.
6. USER ELIGIBILITY, SITE CONDUCT, POSTING POLICIES & THIRD-PARTY WEBSITES
User Eligibility. Only individuals who can form legally binding contracts are eligible to use the Site and its services. Thus, only Users from 18 and above can use the site.
User-Created Submissions Guidelines. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any posts, information, videos, pictures, advertisements, feedback or other material that you upload or submit to the Site (“Submissions”). By transmitting Submissions to the Site, you agree that you will not transmit or upload any Submissions that:
• are false, misleading or inaccurate;
• victimize, harass, degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringe on any patent, trademark, trade secret, copyright, right of publicity, right to privacy or other proprietary right of another;
• promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;
• involve:
• pornography, sexually explicit material or sexually oriented services;
• drugs or narcotics, whether prescription or otherwise, or drug paraphernalia;
• alcohol or tobacco related items
• firearms, weapons, ammunition or any parts and accessories of such items
• stolen or counterfeit items
• stocks, bonds or securities of any kind
• violate any federal, state or local law, statute or ordinance. You are solely responsible for determining the legality of the goods or services that you post on the Site and making sure they are in compliance with all rules and trading restrictions;
• contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
• breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to another network or server;
• impersonate any person or entity, including any of our employees or representatives;
• you know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose.
Please note that the list above is not exhaustive. DOTFANS reserves the right, without notice and in its sole discretion, to block your use of or prevent your future access to the Site and any of its services upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above.
No Endorsement. DOTFANS neither endorses nor assumes any liability for any Submissions, products, services, or promotions displayed or submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions, in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of material hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
7. DOTFANS’ INTELLECTUAL PROPERTY
Content For purposes of these Terms, "content" is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by DOTFANS, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with DOTFANS’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to DOTFANS or its licensors for violation of intellectual property rights.
Trademarks or service marks of DOTFANS include, but are not limited to, DOTFANS and the DOTFANS logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of DOTFANS or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of DOTFANS, our Affiliates or our licensors.
Site Use DOTFANS grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of DOTFANS, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. DOTFANS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
8. YOUR INTELLECTUAL PROPERTY
Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-confidential. While you retain all rights to the Submissions, you grant DOTFANS (including our employees and Affiliates) as well as the users of the Site, a non-exclusive, paid-up, perpetual, non-exclusive and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate DOTFANS’s services and business without incurring any liability for royalties or any other consideration of any kind.
Creator’s Content
By creating and publishing User Content on DOTFANS, you authorize your USERS to access and view (without downloading or copying) your User Content on DOTFANS, for their own lawful and personal use. You also represent, warrant and undertake that for each submission:
For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify DOTFANS our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Any questions regarding User Content can be addressed by emailing [Insert Email Address].
Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing DOTFANS content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at support@jdotfans.com, immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
9. LIMITATION OF DOTFANS’S LIABILITY TO YOU
You should read the following terms very carefully as they set out our liability to you.
Validity
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
No guarantee of data
We are not able to guarantee that the data, material and information we use to provide the Service is accurate or that there are no errors or omissions in the data, material and information.
We do not monitor, verify or endorse data, material and information submitted or provided by third parties, which is used to provide our Service and you should be aware that such information may be inaccurate, incomplete or out of date. We are not responsible for any data, material or information used to provide our Service, which has been provided by third parties.
10. LIABILITY FOR WEBSITE
We do not give any warranty that the Website or our Service is free from viruses or anything else, which may have a harmful effect on any technology. We are not responsible for any losses or damages arising from an inability to access the Website or our Service, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
11. MISCELLANEOUS
Entire Agreement
These Terms, and the Privacy Policy, constitute the extent of the agreement between you and us relating to your access to and use of the Website and our Service, and supersedes prior Terms.
Delay
No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation, provided that this would not materially impact the Service.
You cannot transfer your rights to someone else
This contract is personal to you and you cannot transfer it to another person.
Nobody else has any rights under these Terms
These Terms are a legally binding agreement between you and us. No other person shall have any rights to enforce any of the provisions set out in these Terms.
12. OUR RIGHTS TO END THE AGREEMENT
We may end the legally binding agreement between us if you break it. We may end the agreement for the provision of the Service at any time by writing to you if:
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
13. MODIFICATION
The amended Terms will be effective from the date they are posted on the Website. We will notify You of changes in these Terms which may be amended from time to time and should be checked by visiting the Website.
14. GOVERNING LAW
These Terms and your access to and use of this Website shall be governed by and interpreted in accordance with the laws of the United Kingdom.
Each of you and us submits to the exclusive jurisdiction of the courts in England & Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).
