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Terms & Privacy for Subscribers

Updated

IMPORTANT

These terms of use, as may be updated from time to time, together with our privacy policy (together and indistinctively the "Terms"), govern your use of the platform TOP4FANS (or the “Website”), as a Subscriber, as such term is hereafter defined under section 1.1, including any content, functionality, and services offered on or through the Website. By registering with and using TOP4FANS, you conclude a contract with TOP4FANS (the “Contract”), for the use of the Website, and you accept and agree to be bound by and abide by these Terms. 

Please make sure you have carefully read and understood these Terms before you access or use the Website.

If you do not want to agree to these Terms, you must not access or use the Website. 

1.      How it works

Contractual relationships between TOP4FANS and Subscribers

TOP4FANS accessed at https://www.top4fans.com/ ("TOP4FANS" or the "Website") is a web based platform and application service that allows its users (the “Subscribers”) to access photos and videos or other privileged documents or information uploaded on the Website by publishers (hereafter “Producers”, together and indistinctively with Subscribers, the “Users”) and exchange with them,

  • within the frame of subscription contracts (“Subscriptions”, “Subscribe” being interpreted accordingly), and
  • within the frame of one-time purchases of Content put on sale on Producers’ dedicated area (the “Shop”),

as further detailed under section 4 of these Terms.

Subscribers 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 Subscribers. “Producer Content” means any and all text, video or other media whatsoever uploaded by a Producer. “Content” or “User Content”shall mean indistinctively any content uploaded by a User, including a Subscriber within the frame of communications between Users.

Theses Terms govern the contractual relationships between TOP4FANS and the Subscribers (the “Parties”).

The contractual relationships between TOP4FANS and the Producers are governed by specific terms of use accessible at: [•].

There is and shall be no direct contractual relationship between Producers and Subscribers.

Subscribers hereby commit that they shall not, other than via the Website and as per these Terms, provide any direct or indirect payment or consideration, whatever its form be, to Producers that have known or got in touch with them from the Website. 

1.2.   TOP4FANS core values

TOP4FANS provides a platform tool enabling Subscribers to access to Producers’ activities or image and/or other privileged information. TOP4FANS endeavors to preserve Users’ image, especially by the Contents that are published on the Website, which shall not, directly or indirectly, be, sell, support or promote any unlawful product or activity, including those mentioned in these Terms, under TOP4FANS restrictions of use. Users commit to respect those values when using ou referring to TOP4FANS. 

Among TOP4FANS's 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 or not they are not yet as 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. 

1.3.   Independence of Parties 

Each Subscriber’s activity on the Website is made at its own risk, as an independent contractor. 

By using the Website, each Subscriber 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. 

Subscribers, nor any of their employees, shall in no way be considered an employee or agent of TOP4FANS, nor shall Subscribers, 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. 

Subscribers 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 or funds and duties whatsoever applicable (“Taxes”), in any territory, related to this Contract. Subscribers 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. 

Subscribers recognize that TOP4FANS does not provide any warranty and shall in no circumstance be held liable for the quality and nature of Producer Content as well as for the frequency of Producer Content update. 

Nothing in these Terms nor in the contractual relationship between TOP4FANS and Subscribers 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. 

2.       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 120 rue de St Cyr 69009 Lyon, 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 

Subscribers recognize being perfectly informed that some Producers’ Contents may be “Explicit Content” i.e. 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 sensored as they do violate TOP4FANS Core Values and might violate applicable Laws. 

As a consequence, Users undertake, when publishing any such Content, including while 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. 

By using this Website, 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 or use the Website. 

2.3.   Information related to minors 

2.3.1.   TOP4FANS will not allow the publishing, 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 com/cybertipline 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 3.3, 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.   If you seek any form of child pornography (including so-called “virtual” child pornography), You must exit the Website immediately. We do not provide this kind of material 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. 

2.3.8.   We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to to competent agencies for law enforcement, including those mentioned above in section 3.3. 

2.4.   Other restrictions to the use of the Website 

The Website may not be used for (i) the infridgment of any third party’s rights including privacy right, property right or other civil right of any person, nor (ii) the exercice or promotion of 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 picture, message or recording, which contain may be libelous, slanderous, harassing, abusive or defamatory statements, excessively degrading, or racist, offensive or other language which does not coincide with applicable Laws, solicitation for funds, advertising or solicitation for goods and services, bets, gambling games, violence, or any action associated with bringing harm to you or other people or animals, zoophilia, necrophilia, urophilia, scatophilia, sadomasochism, bondage, products whose distribution is prohibited or regulated under applicable Laws, as well as unfair, abusive or deceptive practices (rapid enrichment proposal, non-value added services, etc.), etc. 

All the practices listed above are, in all cases, strictly prohibited on TOP4FANS. Subscribers commit not to download or exchange any Content consisting or refering 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 is covered, exercised or promoted, directly or indirectly, including by simple reference, via one of your Contents including your exchanges with other Users on the Website. 

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 3.6 of these Terms. 

2.5.   Electronic communications 

By using TOP4FANS, 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 contact@top4fans.com, 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://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”). 

Subscribers may refuse such modification and choose to terminate the Contract by sending an email to account@top4fans.com asking for account desactivation (“Notification of Account Termination”), in which case their TOP4FANS Account – as such term is defined under section 3.1 - shall be desactivated pursuant to provisions of section 3.5 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 for example on April 10th, it shall be effective 

These terms may only be amended as above mentionned or via a prior written agreement between any Subscriber and TOP4FANS, without prejudice to the provisions of section 16 of these Terms. 

3.      Subscribers’ Account registration and desactivation 

3.1.   To register and create an account on TOP4FANS (“Account”), you must provide your own valid email address, a username, and a password and country of residence, paiement card details, a direct debit authorization, indicate 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.   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 bind the business or other entity to these Terms. 

3.3.   You confirm that you are of legal age in your State of residence and citizenship for registering as a Subscriber and engage in your activity on this Website. 

3.4.   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 [account@top4fans.com] 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.  

3.5.   Without prejudice to section 6 of these Terms, should you wish to desactivate your TOP4FANS Account, please contact account@top4fans.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”). 

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 possible, but ongoing Subscriptions shall continue until their own terms. 

3.6.   Upon becoming aware of any violation of these Terms, including TOP4FANS core values, restrictions of use or applicable Laws, TOP4FANS reserves the right to either:

(i)   identify the concerned Account,

(ii)   disconnect Subscriptions from this Account,

(iii)   request that the concerned User stops the considered violation; and/or

(iv)   remove the concerned Content or desactivate the concerned User Account, immediately or after notification if, despite our requests, the User has not taken corrective action to comply with these Terms. 

In case of violation of these Terms, including TOP4FANS core values, restrictions of use or applicable Laws, the defaulting User shall hold TOP4FANS harmless against any and all prejudiciable consequences resulting from any such violation, whether or not TOP4FANS has or not implemented one or several of the abovementionned actions. 

4.      Parties commitments 

4.1.   By registering on TOP4FANS, each Subscriber enters into a contractual relationship with TOP4FANS (the “Contract”) governed by these Terms, pursuant to which : 

  • TOP4FANS shall make available to such Subscriber, the Producers’ Contents elected by such Subscriber (the “Provision”), and 
  • TOP4FANS shall sell to such Subscriber any Content put on sale on a Producer’s Shop and ordered by said Subscriber (the “Purchase of Content”), it being specified that such Purchases of Content are only accessible to Subscribers to the concerned Producer’s profil, 

as further described below. 

One Suscriber Account may give rise to several Subscriptions, each governed by section 4 of these Terms. 

4.2.   Subscribers recognize being informed that TOP4FANS hereby gives access to Contents that are uploaded by independent Producers. Such Contents are made available on an “as is” basis and without any warranty from TOP4FANS of content whatsoever, nor availability, conformity, quality, authenticity, up-date frequency, etc. Subscribers Subscribe to and Purchase such Contents at their own risks and waive any action or claim against TOP4FANS on such grounds. As a consequence, TOP4FANS shall not be held liable such grounds. 

Provision of access to Content 

4.3.   In order to be granted access to a Producer’s Content by TOP4FANS, any Subscriber shall click on the “SUBSCRIBE” button located below the concerned Producer(s) profile(s): this action shall constitute the Subscription. 

4.4.   Access to the elected Content shall be provided by TOP4FANS during one month as from Subscription (“Subscription Period”), unless the Subscriber has provided direct debit authorization upon Subscription, in which case Subscription Period shall be tacitely renewed for subsequent one month periods until the Subscriber elects to terminate Subscription, by clicking the “UNSUBSCRIBE” button located below each concerned Producer’s profile (“Subscription Termination”). 

Subscription Termination shall then be effective at the end of the ongoing Subscription Period, save for any prior Account Desactivation as per section.

For example, if a Subscriber has Subscribed to a Producer’s profile on February 2nd and then proceeds to Subscription Termination on February 10th, access to the concerned Producer’s Content shall terminate on March 2nd,, except in case of prior Account Desactivation as per section 3 of these Terms. 

4.5.   [Monthly] Subscription prices are determined upon Subscription to each Producer’s profile. Subscription price for the first Subscription Period shall be paid by wire transfer upon Subscription, as a condition for effective Subscription. If the Subscriber provides a direct debit authorization, Subscription prices for subsequent Subscription Periods shall be wired the first day of each subsequent Subscription Period, until Subscription Termination. 

Subscription price may vary as follows. 

You shall receive an individual email notififying:

  • the new Subscription price to the concerned Producer’s profile,
  • the date where it will become effective,
  • a link, where you may confirm that you wish continue your Subscription to the concerned Producer’s profile at the new Subscription price after such date, it being specified that, should you not confirm your wish to continue your Subscription to the concerned Producer’s profile via the link, your Subscription to such Producer’s profile shall automatically terminate at the end of the ongoing Subscription Period, it being specified that you may further Subscribe to the concerned profile by paying the applicable Subscription price. 

For example, should your Subscription to a given Producer’s profile be running since February 5th, and should we then notify an upcoming modification of the concerned Subscription price effective as from March 14th, your Subscription shall automatically terminate on March 4th – even if it should otherwise have been tacitely renewed - unless you confirm via the link that you wish to continue such Subscription for the new Subscription price as from its date of effectiveness. 

Purchase of Content 

4.6.   By clicking on the “PURCHASE” button located below any Content put on sale by a Producer on its Shop, each Subscriber shall order such Content to TOP4FANS and pay the price indicated on the Website to TOP4FANS. 

Ownership of the given Content shall only be transfered by TOP4FANS to the Subscriber upon receipt of full paiement by TOP4FANS and subject to prior acquisition by TOP4FANS (stock availability). 

The purchase price of a given Content for sale may be modified on a Producer’s Shop. Your purchase of such Content shall be for the price indicated by the time you clicked on the “PURCHASE” button. 

Payments 

4.7.   Users can pay or be paid in Euros, UK Pounds 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. 

4.8.   [   ] shall further apply to each payment flow, fees which are automatically added to the payments made by Subscribers, amounting 2.9% of the transaction + 0,25€ maximum. 

4.9.   TOP4FANS may be requested by applicable rules or competent authorities, to collect appropriate Tax information from Users, as such term is defined under section 3, in which cases Users commit to promptly provide any such information upon request from TOP4FANS. 

5.      Intellectual Property Rights–TOP4FANS Content 

5.1.   Other than Producer Content, 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 the Terms, your right to use the Website will stop on the day notified by us 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.  

6.      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. 

7.      Subscribers’ commitments 

All Subscribers 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; 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; 

(e)   involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; 

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. 

8.      Producer Content 

8.1.   Via the Website, Subscribers are provided access by TOP4FANS, for their sole lawful and personal use, to Contents that are licensed to TOP4FANS for such purpose, on an “as is” basis. 

8.2.   Subscribers recognize that TOP4FANS has no control nor ownership on such Contents, as a general principle, and with regards to, among other topics, the conformity of their nature and content with the Terms and applicable Laws, including their legality, reliability, accuracy, and appropriateness. 

8.3.   As a consequence, Subscribers waive any and all claim against TOP4FANS on the ground of any 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 any Producer Content, including but not limited to, on the ground of its content or of any third party alleging that such Content violates any of its rights. 

8.4.   Any questions regarding Producer Content can be addressed by emailing account@top4fans.com. 

9.      Moderation 

TOP4FANS cannot be held liable for User Content, nor verification of such Producer Content or identification of Users. 

However, we reserve the right to access, on a random basis for moderation, under denunciation, or for cooperation with competent authorities or Law enforcement purpose, to Users’ Accounts to monitor the use of TOP4FANS (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 including but not limited to Producer 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 prejudiciable consequence toward any User. 

10.      Privacy policy 

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;
  • 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.

10.6.   As payments services are achieved by independent providers, Users’ data processing by the latters will be governed by their own terms and conditions above mentioned under section 4. Any question about data processing by the external providers 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 offence, 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: account@top4fans.com. 

11.      Use of cookies 

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”).

We use Cookies in order to:

  • 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.

The browser or mobile device may allow the user to block or restrict the use of Cookies. However, being an important part of how we work, deleting them, denying them or limiting their use may affect the availability and functionality of our services.

12.      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 Producer 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 copyright@top4fans.com. 

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 copyright@top4fans.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 recognizethe 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 will reinstate the removed or disabled Producer Content 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.      Links 

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; 
  • 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.      Liability 

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.  

15.      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 Paris. 

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. 

16.      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. 

17.      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. 

18.      Contact  

If you have any questions, comments, complaints or concerns about TOP4FANS, please contact our support team at contact@top4fans.com. 

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