Updated on January 2nd 2022
Please make sure you have carefully read and understood these Terms.
If you do not want to agree to these Terms, you must not access nor use the Website.
- How it works
1.1. TOP4FANS accessed at www.top4fans.com ("TOP4FANS" or the "Website") is a web based platform and application service that allows content publishers (hereafter "Producers") to upload on a dedicated area, their photos and videos or other privileged documents or information related to their activities ("Producer Content").
TOP4FANS shall make such Producer Content available to users ("Subscribers", together and indistinctively with Producers, the "Users") who wish to :
- access some Producers’ profiles and exchange with them, within the frame of subscription contracts ("Subscriptions", "Subscribe" being interpreted accordingly), and
- proceed to one-time purchases of Contents put on sale on Producers’ dedicated area (the "Shop"), or offered for sale through the messaging system ("Private Media") as further detailed under section 4 of these Terms.
Producers expressly recognize that they have received full pre contractual information from TOP4FANS, including via the provision of these Terms, at their disposal before registering on TOP4FANS.
In these Terms, the words "you" or "your" refer to Producers. "Content" or "User Content" shall mean indistinctively any content uploaded by a User, including a Subscriber within the frame of communications between Users.
These Terms govern the contractual relationships between TOP4FANS and the Producers (the "Parties").
There is and shall be no direct contractual relationship between Producers and Subscribers.
Producers hereby commit that they shall not, other than via the Website and as per these Terms, receive any direct or indirect payment or consideration, whatever its form be, from Subscribers that have known or got in touch with them from the Website.
1.2. TOP4FANS core values
TOP4FANS is a private social platform which provides a platform tool enabling Producers to monetize their activities or image and/or other privileged information.
The Contents which are published on the Website, must not, directly or indirectly, support, promote or sell any illicit product or activity, including those mentioned in articles 2.3 and 2.4 of the present Conditions. The user agrees to respect this commitment when using or consulting TOP4FANS.
Among TOP4FANS’ core values are humanist values including among others, tolerance, open-mindedness, free speech, respect of others, diversity and minorities, support of equality between genders. TOP4FANS is strongly opposed and does not want to be the support for promotion of extremist ideologies that does not respect humanist values, including religious or political ideologies whatsoever should they not respect humanist values. Users undertake to respect those values when using or referring to TOP4FANS.
Apart on those grounds, in case violation of Laws or these Terms, or harm caused to any User or third party, which would be brought to our knowledge, Users Content shall not be subject to any form of censorship.
In these Terms, "Law" means any rule, including any law, statute, regulation, rule, ordinance, agreements, common practice or unilateral undertaking creating any obligation, any other compulsory rule, court decision, order or decree of any competent authority (including any judicial or administrative interpretation thereof), and, when it is commonly deemed proper to follow them, recommendations of public authorities, European directives, in all the above cases, whether they are, or not yet, in force, or not actually enforced (provided that Laws not yet in force are not mere proposals but are published and their conditions of application are defined).
TOP4FANS commits to respect the privacy of information provided by Users. As a consequence, we will never disclose any Users’ information, other than as explained in our Privacy Terms and for the strict compliance to purposes defined therein. In particular, will never sell Users’ information to any third party for targeted advertisement or other commercial purposes. TOP4FANS will never give access to Users’ private conversations to any third party and will ensure the secret of the correspondence of its Users.
As a key commitment for the use of TOP4FANS, Users undertake to promote only themselves, their own activities and productions, and shall in no circumstance promote the activities of other persons or entities (whatever their form), by inserting promotional codes, or otherwise.
1.3. Independence of Parties
Each Producer’s activity with TOP4FANS is made at its own risk, as an independent contractor.
Each Producer represents and warrants that he acts, and shall for the whole duration of its registration on TOP4FANS (i) act as an independent contractor, and if applicable, registered and affiliated as such toward all competent services, administrations and registers whatsoever, within all competent jurisdictions, (ii) pay all applicable fees and charges, and (iii) is entitled to exercise its activities on TOP4FANS in all concerned jurisdictions
Producers, nor any of their employees, shall in no way be considered an employee or agent of the TOP4FANS, nor shall Producers, or any of their employees, be entitled to, or eligible to participate in any benefits, privileges or plans given or extended by TOP4FANS to its employees.
Producers represent and warrant that they, and if applicable, their employees, their subcontractors and/or their subcontractors’ employees pay, and shall, for the whole duration of the Contract, pay all fees and taxes (including without limitation, income taxes and/or taxes similar to income taxes under relevant hiring-out of labor legislation) or funds and duties whatsoever applicable ("Taxes"), in any territory, to any payment received by them and related to this Contract. Producers shall indemnify, defend and hold TOP4FANS and its affiliates harmless from any liability, damage, loss or expenses incurred by them to the extent arising out of missing payment of such Taxes.
Producers recognize that TOP4FANS does not provide any warranty and shall in no circumstance be held liable for the level of use of the Website, the number of Subscriptions to their profiles or Purchase of Content as this term is defined under section 4 of these Terms.
Nothing in these Terms nor in the contractual relationship between TOP4FANS and Producers is intended to, or shall be deemed to, establish any partnership or joint venture between them, constitute either Party the agent, partner or employee of the other, nor authorize a Party to make or enter into any commitments for or on behalf of the other Party.
1.4. Independent payment service providers
Payment services are operated by independent service providers.
TOP4FANS reserves the right to change the payment service providers it uses.
- About TOP4FANS
2.1. TOP4FANS is operated by SKYLLINE CONNECTION.
A French Société par Actions Simplifiées, with a share capital of EUR 24.950, whose head office is located 29 rue Pierre Termier 69660 Collonges-au-Mont-d’Or, registered within the trade and companies register of Lyon under number 832 165 385. In these Terms, the words "we", "us", "our" refer to TOP4FANS, e. SKYLLINE CONNECTION.
The web hosting provider is an independent service provider : Clever Cloud SAS, a French société par actions simplifiée with a capital of 17,625 € registered within the trade and companies register of Nantes under number B 524 172 699.
This Website is offered and available to Users who are major in their country of citizenship, and at least 18 years of age or older.
2.2. Explicit Content
An "Explicit Content" is a Content which could be considered offensive or unsuitable for children, including – this list being not exhaustive - because one or more of the following criteria are met:
- reference to strong language (one word is already enough),
- reference to violence, physical, or mental abuse,
- reference to discriminatory language,
- reference to nudity or sexualised behavior, etc.
Distinction should be made between:
(i) the fact that a Content, via references it includes, for example to strong language, violence or discriminatory language, qualifies as Explicit Content - such Content are not banned as such (subject to the respect of applicable Laws and these Terms, etc.),
(ii) while the promotion of same behaviors and acts, is banned and will be censored as they do violate TOP4FANS Core Values and might violate applicable Laws.
As a consequence, Producers undertake, when upoading any such Content and exchanging via the Website, to provide unambiguous comments, which shall remain permanently attached to it, to make it clear that the concerned Content may not in any way be interpreted as a form of promotion or encouragement to the behaviors or acts to which reference is made.
It is precised that, subject to the strict respect of applicable Laws and these Terms, representation of nudity, among others by photography or video, as a form of art or otherwise, as well as representation of sexualized behavior is not per se banned from TOP4FANS.
You represent and warrant that you are of legal age and capacity to form a binding contract as per applicable Laws, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access nor use the Website.
2.3. Information related to minors
2.3.1. TOP4FANS will not allow the uploading of any information relating to individuals who are minor in their country of citizenship and in any case under the age of eighteen (18). TOP4FANS will not knowingly collect information, personal or otherwise, from individuals under the age of eighteen (18) years. By using this Website, you certify, that you are major in your country of citizenship and in any case over the age of eighteen (18) years.
2.3.2. France and various other federal, state, and local jurisdictions impose significant penalties upon individuals and entities who contribute to the proliferation or use of pornography related to minors. YOU ARE HEREBY NOTIFIED THAT TOP4FANS WILL COOPERATE IN THE INVESTIGATION OF ANY UNLAWFUL USE OF THE WEBSITE OR ITS SERVICES.
2.3.3. Any suspected underage material found on this Website should be immediately reported to us and competent authorities and agencies, including asacp.org, e-enfance.org, icmec.org or to missingkids.org and missingchildreneurope.eu, www.internet-signalement.gouv.fr/.
2.3.4. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
2.3.5. All depictions of all persons on the Website are provided under an obligation of the Producer therefore to upload or stream videos or images portraying persons over the age of eighteen (18) as of the date of the production of the depiction. Downloading of any Content on the Website is allowed under an obligation for the Subscriber to make reasonable verification as to the age of the model.
We take great measures to ensure that no underage models appear in any video or image on the Website.
We report all uploaded or downloaded images of minors to competent agencies for law enforcement, including those mentioned above in section 2.3, regardless of the state of dress of such minor or the purported purpose of posting or dowloading.
We will not contact you prior to reporting such images. We will simply terminate your account and provide the suspect images and all information to competent authorities.
DO NOT UPLOAD NOR DOWNLOAD ANY IMAGES OF ANY MINOR FOR ANY REASON.
2.3.6. We do not provide any form of child pornography (including so-called “virtual” child pornography) and we do not tolerate those who provide this kind of material, nor do we tolerate consumers of this kind of material.
2.3.7. In order to further our zero-tolerance policy, you agree to report any images which you have reason to believe depict minors on the Website by clicking the “Report” link at the bottom of each media page on the Website, and include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
2.4. Other restrictions to the use of the Website
The Website may not be used to propose the following contents or otherwise violate the standards:
- to violate the rights of any third party, including the right to privacy, property rights or any other civil rights of any person
- to explain how to obtain free grants or grant donations, money-making schemes or home-based money-making opportunities, money for opinions, etc.
- to link to celebrity sites, unless there is an agreement with the celebrity. (Note: always report such cases to management).
- to promote accounts that publish nudist content
- to directly or indirectly offer the sale of pharmaceutical products online
- to offer spyware, malware, etc.
- to engage in or promote violent or illegal practices, activities or products, including, but not limited to, any form of harassment or offensive behavior, such as posting or sharing any photos, messages or recordings, which may contain defamatory statements, slanderous, harassing, abusive or defamatory, excessively degrading or racist statements, offensive or other language that does not comply with applicable Laws, solicitation of funds, advertising or solicitation of goods and services, gambling bestiality, child pornography, incest, family sex, rape/non-consensual sexual conduct, extreme violence, or any action associated with the intent to harm you or other people or animals, zoophilia, mutilation, dismemberment, necrophilia, urophilia, scatophilia, menstruation, vomiting, sadomasochism, bondage, products whose distribution is prohibited or regulated under applicable Laws, as well as unfair, abusive or deceptive practices (get-rich-quick schemes, non-value added services, etc.), etc. ), etc.
- there must also be no WORDS or META-TAGS that could be construed as representing or suggesting objectionable content on the site. Example 1: Meta-tags such as: animals, animal sex, beast, bestiality, celebrities, children, family sex, farm sex, forced sex, illegal, incest, children, lolita, nudist, pedo, peta, peto, pre-teen, rape, minor, necrophilia and zoofilia are unacceptable meta tags. Example 2: The mention "Forbidden in '#' countries" suggests an illegal activity. Example #3: A site that displays photos of murders, deaths or assassinations (simulated or not) is unacceptable. Example #4: Hyperlinks to online gambling merchants or celebrity sites would violate current bank policy.
- hyperlinks to other sites on your account that are illegal or suggest illegal activities are also prohibited.
- engage in or promote escorting or prostitution activities.
All the practices listed above are, in all cases, strictly prohibited on TOP4FANS. Producers commit not to upload nor exchange any Content consisting or reefing to any such practices and to promptly report any such Content to us at by clicking the “Report” link at the bottom of each media page on the Website, and include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
You represent and warrant that no activity or product referred to in this Section 2.3 and 2.4 is covered, conducted or promoted, directly or indirectly, including by mere reference, through any of your Content, INCLUDING YOUR EXCHANGE WITH OTHER USERS ON THE SITE.
In case of violation of such prohibition, we reserve the right, if we are informed of such violation, to take one or several steps mentioned under section 3.9 of these Terms.
2.5. Electronic communications
You consent to receiving communications from us electronically, including emails and messages posted to your TOP4FANS profile. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email firstname.lastname@example.org, notifying us of your withdrawal of consent.
2.6. Amendments to these Terms
We reserve the right to make changes to these Terms, accessible at https://www.top4fans.com/public/terms/ at any time. Those changes will be notified immediately by email to Users and shall become effective on the first day of the civil month happening after the thirtyest calendar day from such notification of modification (“Amendement Effectiveness”).
Producers may refuse such modification and choose to terminate the Contract by sending an email to email@example.com asking for account desactivation (“Notification of Account Termination”), in which case their TOP4FANS Account shall be desactivated pursuant to the provisions of section 3.8 of these Terms.
If you do not terminate the Contract within this procedure and timing, you will be deemed having accepted the updated for the period following the Amendement Effectiveness.
For example, if an amendment to the Terms is notified on March 12th, it shall be effective on May 1st. Users shall be deemed having accepted updated Terms as from May 1st, unless they send a Notification of Account Termination at the latest on April 1st. If a Notification of Account Termination is sent on April 10th, it shall be effective on May 10th. In this situation, updated Terms shall apply between May 1st and May 10th to the concerned Producer’s Contract.
These terms may only be amended as above-mentioned or via a prior written agreement between any Producer and TOP4FANS, without prejudice to the provisions of section 16 of these Terms.
- REGISTRATION AND DEACTIVATION OF THE PRODUCER ACCOUNT
3.1. To register and create an uploading account on TOP4FANS (“Account”), you must provide your own valid email address, a username, a password, indicate your country of residence, postal address, telephone number bank account details, if you are acting as an individual or for professional purpose, and in case you’re acting as a professional within European Union, your intercommunity VAT number, and upload a scanned copy of your valid identity card or passeport. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.
The independent payment services providers referred to in section 1.4 may request further information as per applicable Laws.
3.2. Upon registration, every Producer [whose bank is located] within European Union is provided with two (2) referral URL that allow such Producer (the “Referral”) to earn income from other Producers [whose banks are located] within European Union signing up via one of these Referral links.
TOP4FANS shall not be liable to add a Producer to a Referral account if that Producer has not signed up via the correct URL referral, therefore preventing the Referral to receive the corresponding fees.
3.3. Upon registration, you will have to offer a price, among a range from EUR/USD 4,99 to EUR/USD 99,99, that you assess - considering your notoriety - as a reasonable monthly Subscription price to your profil, and as such, the basis of your license fee.
3.4. TOP4FANS shall confirm by email, within two (2) calendar days, if your registration is agreed, on the basis of information provided as per sections 1 and 3.3, as well as our appreciation of the offered Subscription price adequacy, considering among other criteria, our own assessment of market price to your profile, considering your notoriety, etc.
As an independent contractor, TOP4FANS shall be free to accept or refuse the Subscription price offered by the Producer, i.e. the basis of the consideration we accept to pay to you for being granted a license to your Content, as well as the price we will request from Subscribers to make such Content available to them.
Should your registration be refused on this latter ground, we may indicate by email a proposed Subscription price, on which basis we would agree to pay your license fee in accordance with section 4.11.a of these Terms. You may then submit a new registration.
3.5. By registering on TOP4FANS, you represent and warrant that:
- you are at least 18 years of age, and you have reached the age of legal majority in your country of citizenship;
- all Account registration information, profile information and Content you provide is your own information and the Content is truthful and accurate;
- if you previously had an Account with TOP4FANS, your old Account was not terminated or suspended by TOP4FANS for violation of these Terms;
- you register on TOP4FANS for your own personal or professional use and you will not sell, rent or transfer your Account to any third party;
- you accept full responsibility for any Content created or provided by you, and for the use of TOP4FANS from your TOP4FANS Account on any device, whether or not it is owned by you;
- your use of TOP4FANS does not and will not violate these Terms including TOP4FANS Core Values, nor any applicable Law;
- if you are using TOP4FANS on behalf of a business or other entity, you are authorized to grant all the licenses stipulated in these Terms and you are authorized to bind the business or other entity to these Terms.
3.6. You confirm that you are of legal age in your State of residence and citizenship for registering as a Producer and engage in your activity on this Website.
3.7. You are fully responsible for any and all activities that occur on your Account and for keeping your login details confidential and secure, and immediately notifying us at firstname.lastname@example.org if you believe someone has used or is using your Account without your permission or if your Account has been subject to any other breach of security.
3.8. Without prejudice to section 2.6 of these Terms, should you wish to desactivate your TOP4FANS Account, please contact email@example.com to notify your desactivation request (“Notification of Account Termination”). We will desactivate your Account one calendar month after such Notification of Account Termination (“Account Desactivation”). As from receipt of your Notification of Account Termination, Subscribers shall not be given access to your Profile for Subscription. However ongoing Subscriptions to your profile shall continue until their respective terms.
For example, should you notify us desactivation of your Account as per these Terms on February 12th, it shall be effective as from March 12th. As from Febrary 12th, no new Subscription shall be accessible to your profile, but ongoing Subscriptions shall continue until their own terms.
3.9. Upon becoming aware of any violation of these Terms, including TOP4FANS core values (section 1.2), restrictions of use (sections 2.3 and 2.4) or applicable Laws, TOP4FANS reserves the right to either:
(i) identify the concerned Account,
(ii) disconnect Subscriptions to this profil,
(iii) request that the concerned Producer stops the considered violation; and/or
(iv) remove the concerned Content or deactivate the concerned Producer Account &/or User Account, immediately or after notification if, despite our requests, the Producer &/or User has not taken corrective action to comply with these Terms.
In such cases, the concerned Producer shall hold TOP4FANS harmless against any and all prejudicable consequence resulting from any Subscriber’s claim deriving from such subsequent actions.
In case of violation of these Terms, including TOP4FANS core values and restrictions of use or applicable Laws, the defaulting User shall hold TOP4FANS harmless against any and all prejudicable consequences resulting from any such violation, whether or not TOP4FANS has or not implemented one or several of the abovementonned actions.
- COMMITMENTS OF THE PARTIES
4.1. By registering on TOP4FANS, and subject to TOP4FANS approval of such registration as per section 4 of these Terms, each Producer enters into a contractual relationship with TOP4FANS (the “Contract”) governed by these Terms, pursuant to which :
- the Producer grants TOP4FANS with a non exclusive license of use of the Content it uploads on the Website, for the purpose of such Content being made available by TOP4FANS on the Website to Subscribers (the “License”), and
- the Producer offers Content for sale to TOP4FANS, for the purpose of such Content being sold by TOP4FANS on the Website to Subscribers (the “Purchase of Content”)
as further described below.
License of Content
4.2. The License of use of a Producer’s Content is granted to TOP4FANS as from such Producer’s registration approval as per section 4 of these Terms, and until one (1) calendar month after termination of his account, as defined under section 3.8.
For example, if a Producer proceeds to Account Desactivation on February 2nd, License of use of its Content shall terminate on March 2nd.
4.3. [Each Producer commits to provide reasonable volume of Content, and at least [ ] and to update such Content on a regular basis and at least [ ]. Failing so, TOP4FANS :
- may desactivate the Producer’s Account and/or
- shall be held harmless by the Producer against any prejudicable consequence resulting from any Subscriber’s claim deriving from such failure.]
4.4. TOP4FANS commits to make the Producer’s Content available to Subscribers who shall elect to Subscribe to the Producer’s profile via the Website, by clicking on the “SUBSCRIBE” button located below the concerned Producer’s profile.
Each Producer recognizes being informed that the access to the Content uploaded by it, shall be provided to each abovementionned Subscriber during one month as from Subscription (“Subscription Period”), and may be tacitely renewed for subsequent one month periods until the Subscriber elects to terminate such Subscription, by clicking the “UNSUBSCRIBE” button located below the concerned Producer’s profile (“Subscription Termination”). Subscription Termination shall then be effective at the end of the ongoing Subscription Period.
4.5. You may offer a modification of your agreed Subscription price, no more than once per month by amending your “registration” page. TOP4FANS shall then confirm by email, within two (2) calendar days, if such modification is agreed or denied, considering among other criteria, our own assessment of market price to your profile, including notoriety, etc.
4.6. Should such modification be agreed, it will become effective one calendar month after our confirmation, as follows: once the modification is agreed by us, all your Subscribers shall automatically receive an individual email notifying:
- the new Subscription price to your profile,
- the date when it will become effective,
- a link, where they may confirm to continue their Subscriptions to your profile after such date;
- indication that, failing Subscribers to proceed so, their Subscriptions to your profile shall automatically terminate at the end of their ongoing Subscription Period, it being specified that they may further Subscribe to your profile by paying the applicable Subscription price.
For example, should you offer modification of your Subscription price on February 12th, we will accept or refuse it by email sent to you by February 14th.
If we accept such modification, all your Subscribers shall receive, upon approval, automatic emails notifying such modification and its effectiveness, i.e. March 14th, as well as an indication that, failing them to approuve such modification, their access to your profile shall terminate at the end of their ongoing Subscription Period.
If we refuse such modification, ongoing Subscription will continue to the current Subscription price, unless you choose to proceed to Account Desactivation as per section 3.8.
4.7. Should such modification be denied, you will be deemed having decided to continue your Contract with SKYLLINE CONNECTION on the basis agreed until then, i.e. with prior Subscription price, unless you proceed to Notification of Account Termination as per section 3.8.
Purchase of Content
4.8. By uploading any Content on its Store or by offering it to its subscribers through its messaging system, a Producer offers such Content for sale to/purchase by TOP4FANS (the “Offer”), for the purpose of such Content being then sold by TOP4FANS on the Website to Subscribers.
4.9. TOP4FANS shall confirm within two (2) calendar days if it agrees the Offer, on the basis of the Content itself as well as our appreciation of its purchase price adequacy, considering among other criteria, our own assessment of market price to your profile, including notoriety, etc.
As an independent contractor, TOP4FANS shall be free to accept or refuse the purchase price offered by the Producer, i.e. the basis of the consideration we accept to pay to you for purchasing the given Content, as well as the price we will offer it for sale to your Subscribers.
Should we refuse your Offer on this latter ground, we may indicate by email a proposed purchase price, on which basis we would agree to pay for purchasing your Content in accordance with section 4.11 of these Terms.
You may then submit a new Offer.
4.10. A Subscriber may notify TOP4FANS with an offer to Purchase such Content at the purchase price indicated on your Store or in your private message, by clicking the “PURCHASE” button located below such Content on your Shop. Such action shall induce an acceptation by TOP4FANS of the Offer, as well as an immediate transfer of the Content from you to TOP4FANS, followed by subsequent transfer from TOP4FANS to the Subscriber.
TOP4FANS shall (i) sell the concerned Content to the Subscriber at the price freely determined by the Producer on its Shop and (ii) pay 80% of such price to the Producer as detailed hereafter.
4.11. You may offer a modification of the price of a Content for sale on your Shop, no more than once per month, by amending your “Shop”. TOP4FANS shall then confirm by email, within two (2) calendar days, if such modification is agreed or denied, considering among other criteria, our own assessment of market price, etc.
4.12. Should such modification be agreed, it will become effective upon sending our confirmation email and Subscribers to your profile shall be offered such Content for sale to the new price. Prior Subscribers orders shall be delivered and paid to you at the purchase price applicable when the Subscriber has clicked the “PURCHASE” button.
4.13. Should such modification be denied, you will be deemed having decided to continue the sale of the concerned Content at the former purchase price, unless you proceed to withdrawal of such Content from your Shop. In such latter case, Prior Subscribers orders shall be delivered and paid to you at the purchase price applicable when each Subscriber has clicked the “PURCHASE” button.
4.14. Subject to strict compliance with these Terms, each Producer shall receive, as consideration for its contractual relationship with TOP4FANS :
- 80% of net revenus received by TOP4FANS, generated by Subscriptions to the Producer’s profile, on the basis of monthly Subscription prices, determined as per sections 3.3 and 3.4
- 80% of net revenues received by TOP4FANS, generated by Subscribers’ Purchases of Content from the Producer’s Shop, on the basis of purchase price determined as per sections 4.8 through 4.13.
- 80% of the net revenues received by TOP4FANS generated by Private Media Purchases offered for sale through messaging, based on the purchase price determined as per Sections 4.8 through 4.13.
Subscription price may vary as per these Terms, effective the first day of the civil month following such modification of these Terms. Provisions of section 4.5 through 4.7 shall then apply.
4.15. In case a Referral URL is registered by a Producer upon signing-up in accordance with section 2 if these Terms, then, depending on which Referral URL is used :
- the concerned Referral shall be paid 5% of revenues received by TOP4FANS, generated by Subscriptions to that Producer’s Profile,
- Referral will not receive any percentage of the revenue received by TOP4FANS generated by purchases of content offered for sale on the Sponsored Producer's Store or by purchases of private media through its messaging system.
It being specified that the Referral chooses the reference URL that it decides to provide to the new Producer for its registration.
4.16. Each Producer gives irrevocable power of attorney to TOP4FANS to issue, in its name and on its behalf, the related invoices addressed to TOP4FANS, which shall include TVA if applicable.
4.17. Consideration owed to each Producer shall be paid by wire transfer ordered on the first day of each civil month, with regards to (i) Subscriptions - to its profile or to the profile of another Producer having indicated its Referral URL while signing-up on TOP4FANS – that have been Subscribed or renewed during the penultimate civil month, and (ii) Purchases of Contents put on sale on its Shop and ordered during the penultimate civil month. Funds reception date may vary depending on the location of each considered Producer.
4.18. Users can pay or be paid in Euros or US Dollars.
Other currencies shall be converted in Euros for payment purposes by the concerned User’s bank, which shall therefor deduct related applicable fees.
4.19. Producers are solely responsible for respecting their obligations to collect and pay any applicable Taxes (as such term is defined under section 3) related to their revenues, including their obligations related to value added tax if applicable. However, TOP4FANS may be requested by applicable rules or competent authorities, to collect appropriate Tax information from Users, in which cases Users commit to promptly provide any such information upon request from TOP4FANS.
- Intellectual Property Rights–TOP4FANS Content
5.1. The Website and its entire contents, features, materials and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, hereafter “TOP4FANS Content”), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights Laws.
5.2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any TOP4FANS Content, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes; and
- you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, we may proceed to one or several actions listed under section 9, and you must, at our option, return or destroy any copies of the materials you have made.
5.4. No right, title, or interest in or to the Website or any TOP4FANS Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other Laws.
5.5. The TOP4FANS name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- License of use of the Website
6.1. Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website and to download and install a single copy of the TOP4FANS app on your mobile device for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time if you violate these Terms including TOP4FANS Core Values, or any applicable Law. Any use of TOP4FANS other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
6.2. We do not warrant that TOP4FANS is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not TOP4FANS is compatible with your device. From time to time we may make updates to TOP4FANS - Website and/or TOP4FANS app.
- Producers’ commitments
All Producers commit to use TOP4FANS for their own lawful and personal or professional use in accordance with these Terms and applicable Laws, and in particular undertake not to (this list being not exhaustive):
7.1. promote activities and productions that are not their own, including by inserting promotional codes, advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
7.2. impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity including TOP4FANS;
7.3. falsify Account registration information, or make unauthorized use of another's information or content;
7.4. copy, reproduce, distribute, modify, or create derivative works from, any portion of TOP4FANS without our express written permission;
7.5. engage in any conduct that could disable, overburden, damage, or impair the Website or interfere with any anyone’s use or enjoyment of the Website, including their ability to engage in real time activities through the Website or expose them to liability;
7.6. create, upload, post, display, publish or distribute any Content that violates TOP4FANS Core Values, or that:
(a) is illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
(b) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity item) of another without proper consent;
(c) promotes or advertises escort services, prostitution; fire arms or other weapons, tobacco, drugs, or drug paraphernalia, or any illegal activity;
(d) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
7.7. remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any Content that they do not own;
7.8. decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of TOP4FANS;
7.9. interfere in any way with the operation of TOP4FANS or any server, network or system associated with TOP4FANS ; accessing information not intended for them, or accessing another User Account that they are not expressly authorized to access;
7.10. use TOP4FANS for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
7.11. use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access TOP4FANS or any server, network or system associated with TOP4FANS, or to extract, collect, harvest or gather content or information from TOP4FANS.
- Producer Content
8.1. Any Producer shall retain full ownership and remain sole responsible of any Content it uploads on TOP4FANS, as a general principle, and with regards to, among other topics, the conformity of its nature and content with these Terms and applicable Laws.
8.2. Each Producer Content is licensed to TOP4FANS for the purpose of such Producer Content being made available by TOP4FANS, on the Website, to Subscribers who shall Subscribe to the concerned Producer’s profile on the Website.
8.3. By creating and publishing Content on TOP4FANS, you authorize TOP4FANS to access and view your Producer Content and make it available to Subscribers on TOP4FANS for their own lawful and personal or professional use. You also represent, warrant and undertake that:
You declare and warrant that:
you own, have a valid license to, or otherwise control all rights in and to your Producer Content, generally and for its specific use on the Website;
to the extent your Producer Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your Producer Content.
You agree to obtain and keep on file written consent from all persons depicted in the content you publish or offer for sale:
- To be represented in your content,
- to have this content publicly displayed to users,
- to have this content made available and possibly downloaded by your subscribers or buyers.
For all persons depicted in your content, you also agree to:
- to verify their identity and age to ensure that they are all of legal age.
- to provide proof of their legal age on request.
8.4. You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, in accordance with these Terms.
8.5. You understand and acknowledge that you are responsible for any Producer Content submitted or contributed via your Account, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
8.6. You shall indemnify us, 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 Producer Content, including but not limited to, as a result of any third party alleging that such Producer Content violates any of its rights.
8.7. As a content provider, you are responsible and liable of the content or accuracy posted in your account.
8.8. Upon signing up to www.top4fans.com, you also agree to act as custodian of records for the Content uploaded on the Website via your TOP4FANS Account.
8.9. Any questions regarding Producer Content can be addressed by emailing firstname.lastname@example.org.
Each Producer is responsible for the Content of its publications.
TOP4FANS reserves the right to access for moderation, following a denunciation, or for cooperation with competent authorities or Law enforcement purpose, to Users’ profiles and Accounts to monitor the use of their account (including any content or private message posted or broadcasted on TOP4FANS) to ascertain that such use complies with these Terms or any applicable Laws.
We reserve the right, at our sole discretion and in accordance with these Terms, to take any step we consider appropriate if we become aware of any use of TOP4FANS or Content that, in our opinion, would not comply with these Terms or applicable Laws, as (this list being not exhaustive) deleting any Content, disabling any User name, password, or other identifier, whether chosen by you or provided by us, or deactivating any User Account at any time.
In such a case, TOP4FANS cannot be held liable for the possible consequences of such measures, in particular any prejudicable consequence toward any User.
10.1. We may collect and store personal data related to User’s access and use of TOP4FANS’ platform, such as:
- username, password, email address, date of birth;
- photo ID (only for creators) ;
- phone number, profile picture, gender, favorite language, personal presentation;
- interactions with the platform, profiles’ consulting;
- login details, access dates, access hours, equipment’s data;
- messages exchanged between users.
10.2. We rely on one of these grounds:
- our legitimate interest related to the implementation and development of TOP4FANS platform;
- the Contract to which the User subscribed by accepting these Terms, upon registration;
- Users’ consent to the communication of specific information;
- legal obligation related to the holding and use of personal data.
10.3. We may collect and store this information in order to:
- provide the Website services and ensure its full performance;
- enable communications between Users;
- fulfill our legal obligations;
- improve our services;
- detect and prevent the risk of fraud or unlawful activities;
- carry out studies and provide statistics for our internal use only.
10.4. Data are only stored as long as they are required for the supply of Website services, and for compliance with applicable rules.
10.5. During that period, we adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of personal information, username, password, transaction information and data stored on the Website www.top4fans.com.
10.6. As payments services are achieved by independent providers, Users’ data processing by the latter will be governed by their own terms and conditions. Any question about data processing by an external provider should be sent directly to it.
10.7. We may transfer and share personal data related to Users’ access and use of TOP4FANS platform as follows:
- sharing with Users: when a User subscribes to a Producer’s profile, information about his own Profile will be visible to such Producer.
Any specific information or data delivered by a User about his profile on a Producer’s Profile will be visible to all Subscribers of the latter. This shall not apply to the content of private messages between Users.
- sharing with competent authorities: we may share personal data with competent authorities in accordance with applicable rules, including in order to prevent any damage or offense, and to maintain the security of the Website.
- sharing with third parties within the European Union: we may contract with third parties providers or partners whose access to Users’ data are limited and who have a contractual or legal obligation to protect them and to use them solely in accordance with the purpose of their disclosure: lawyers, certified accountant, or for the purpose of providing statistics or studies for internal use only, in accordance with present Terms.
10.8. It is stated that we will never sell Users’ data to a third party and will never let third parties access to private conversations between a Producer and its Subscribers.
10.9. Users have the right of access and rectification of their personal data. They have a portability right and the right to query, the right to limit, the right of deletion of personal data.
10.10. Users have the right to object to the processing of their data on legitimate compelling grounds.
10.11. All users can exercise their rights with respect to their personal data, by sending an email to the data controller, at the following address: email@example.com.
We may use data stored on the User’s device to allow the Website and the mobile application to store some information (hereinafter called the “Cookies”).
- provide the Website services and ensure its full performance;
- memorize setting and preferences and facilitate the Website operations;
- enable the communication between Users;
- detect and prevent safety risks;
- improve the Website services and offer best functionalities;
- carry out studies and provide statistics.
Unless otherwise agreed, this information won’t be stored more than 13 months.
- Claim Copyright Infringement
TOP4FANS undertakes to comply with the process described in this section, to the extent requested by applicable Laws.
12.1. We will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing Content and, if deemed appropriate by TOP4FANS, terminating the Account of the User who published said Content.
12.2. To notify us of claimed copyright infringement, please contact firstname.lastname@example.org.
12.3. A notification of claimed copyright infringement must include all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4. If we remove or disable access to your Content in response to a notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing to email@example.com.
12.5. A counter-notification must include all of the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you recognize the jurisdiction of which you are located as competent and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
12.6. If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and we will reinstate the removed or disabled within 30 calendar days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
12.7. Any person who knowingly makes misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
13.1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
13.2. You may use social media features provided by the Website, solely as they are provided by us, and with respect to the Content they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- create a link to any part of the Website other than the homepage;
- or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
13.3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
13.4. We may disable all or any social media features and any links at any time without notice in our discretion.
13.5. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14.1. By using TOP4FANS, you acknowledge and agree that, to the fullest extent permitted by Law:
14.1.1. TOP4FANS and all of its services and features are provided without warranties of any kind, express or implied. We disclaim any and all warranties, express or implied, with respect to the use of TOP4FANS and all of its services and features.
Your use of TOP4FANS and its services and features will be solely and entirely at your own risks and costs.
Costs related to User’s access to the Website, such as materials costs, software or internet access or related to realization of Content are exclusively borne by Users.
In particular, this list being not exhaustive, we do not warrant nor guarantee (i) the accuracy, usefulness, completeness or reliability of TOP4FANS, (ii) the results of your use of TOP4FANS, (iii) that TOP4FANS and all of its services and features will be available at any particular time or location, nor secure, uninterrupted, and error-free, nor free of viruses and other harmful components (iv) that any defect or error will be corrected, or (v) that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
14.1.2. In no event shall TOP4FANS be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) TOP4FANS or any of its services or features, nor shall TOP4FANS be held liable in the event your Content is illegally distributed by another User.
14.1.3. In no event shall our total and aggregate liability for any and all claims arising out of or related to the use (or inability to use) by any User of TOP4FANS or any of its services or features, exceed the average monthly amount of revenues paid by such Subscriber or received by such Producer during the last 6 months before one claim is served by such User against TOP4FANS or, in cases where jurisdictions do not allow the exclusion or limitation of liability, the minimum amount permitted by Law.
14.2. By using TOP4FANS, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to:
- your use of TOP4FANS or any of its services or features;
- any Content created, published, or otherwise made available on TOP4FANS from your TOP4FANS Account;
- any transaction or interaction between you and any other User of TOP4FANS; and/or
- your violation of these terms or any applicable Law.
- Governing Law and dispute resolution
15.1. To the maximum extent permitted by mandatory rules if applicable (related in particular but without limitation, to consumer protection or intellectual property), (i) these Terms as well as contractual relations between you and us regarding TOP4FANS or deriving from the use of your TOP4FANS Account shall be governed by and construed in accordance with the Laws of France (without regard to the conflict of law provisions thereof), and (ii) any dispute between you and us concerning TOP4FANS or arising out of or related to your use of TOP4FANS, shall be resolved exclusively by the competent courts within the jurisdiction of the Court of appeal of Lyon.
15.2. Except where prohibited by applicable Law, any claim or cause of action by you concerning TOP4FANS or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or falling so, be forever barred.
15.3. The present General Conditions are written in French and the operations resulting from them are governed and submitted to French law.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
- Waiver and severability
16.1. No waiver of any provision set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other provisions of these Terms. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16.2. If any provision of these Terms is held by competent jurisdiction or authority to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms continue in full force and effect.
- Entire Agreement
The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If you have any questions, comments, complaints or concerns about TOP4FANS, please contact our support team at firstname.lastname@example.org.