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                                   Terms of Use

Effective July 14, 2024

These are Fansphera’s Terms of Use, and they apply to all users of the Fansphera platform. “We,” “our,” and “us” refer to Fansphera, Inc. “Fansphera” refers to this platform and the services offered by us, including the Fansphera iOS app, the Fansphera Android app, Fansphera APIs, Fansphera embeds, www.Fansphera.com, and Fansphera’s other websites. By using Fansphera, you agree to these terms and to the other policies we post, including the Privacy Policy, Community Guidelines etc. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy and our Cookie Policy. We collect, use, and share information in accordance with those policies.

Your account

To summarize: You must be at least 18 years old to use Fansphera. You are responsible for your account.

When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use Fansphera, you must be at least 18 years old and you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 18 years old or have your parent’s or legal guardian’s permission to have a creator page on Fansphera or to purchase an offering or subscription on Fansphera. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. You can learn more about security in our Security Policy.

Abusive conduct

To summarize: Be responsible and don’t violate our terms or policies.

You are responsible for all activity on your account. If you violate our terms or policies, then we may terminate your account. Don’t do anything illegal, abusive towards others, that abuses Fansphera in a technical way, or that exploits Fansphera in an unintended manner that is detrimental to us, like using Fansphera as a storage platform. If you are a creator earning money on Fansphera, we may be exposed to risk based on what you do with those funds. As a result, we may also look at what you do outside of Fansphera. These terms and our policies cover most issues, but, if you find a new and creative way to hurt Fansphera or our community, we may take action to prevent it.

All about being a creator

To summarize: A creator is someone who creates an account on Fansphera to engage with their fans or  audience who purchase memberships or offerings on Fansphera to support the creator’s creations. There are a lot of details below involving payments, fees, taxes, and restrictions that you should read in full if you are a creator.

Creator Account

To become a creator, simply launch your account then submit all the required documents and information to start your offering or membership. When you join Fansphera, you become part of the Fansphera community. You can use creator tools that we provide to, among other things, showcase your creations, engage with the Fansphera community, and provide merchandise to users through our merch service. Memberships are for your most passionate fans and  audience. On Fansphera, you can provide your audience something exciting that gives them special benefits they want, including additional access, merchandise, exclusive creations, inspiration, motivations and engaging community experiences. In turn, you will receive loyal support from your audience, and revenue from memberships and offerings that fans and audiences have purchased on Fansphera.

Payments

As a creator, you may make offerings available on Fansphera on a one-time basis and may make memberships available on Fansphera on an automatically-renewing subscription basis. Where supported and as applicable, we automatically convert the prices of offerings and subscriptions into a fansphera’s local currency based on a currency conversion rate that may be determined at our sole discretion. Also, where supported and subject to your controls as applicable, we may automatically increase the prices of offerings to users to account for the fees imposed by third  parties (  payment gateways ) on which the associated purchases were made in a manner that may be determined at our sole discretion.

We typically handle payments issues such as fraud, chargebacks, and resolution of payments disputes. We try to provide timely access to the funds you’ve earned on Fansphera based on the level and type of Fansphera service you provided. Purchases made on certain services (like nude, porn,sex etc) may have different timelines associated with funds becoming accessible to you and/or your account will be terminated. You may, however, occasionally experience further delays in accessing these funds.

We may also block or withhold access to these funds for violations of our terms or policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us. In order to protect creators, we may block audience’s payments if we believe them to be fraudulent. Sometimes activities like refunds to audiences and chargebacks from fans can put your account balance into the negative and any fees you’ve incurred from Fansphera, may not be refunded to you when such refunds and chargebacks are processed. If your balance becomes negative, we reserve the right to recover those funds from future payments.

To make sure Fansphera is a safe community for everyone, we are required to have all creators agree to verify their  account and information..

Fees

As a creator, there are fees associated with your offerings and paid memberships on Fansphera. The general nature of these fees is summarized below. These fees may increase from time to time with notice to you.

You can see the fees for any offerings and subscriptions on your creator dashboard, though please note that this dashboard does not list the payout fee described above. We endeavor to provide you with information about those fees in your creator dashboard and, where supported and subject to your controls as applicable, Fansphera may automatically increase the prices of offerings to users to account for those fees.

“Founding creators” are creators whose creator pages were live before July 14th, 2025 and who have not since made disqualifying changes to their creator pages. “Founding creators” may have a legacy fee structure and benefits that are not  available to other creators.

If a user pays in a currency that is different from the currency associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

Even if a user pays in the same currency as the currency associated with their payment instrument, when a user’s payment is processed in a country different from the one associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee. 

Tax

In order to satisfy our tax obligations, we collect tax identification information and, in certain circumstances, report this information and earnings to tax authorities as legally required. For example, if you are located in the United States or are a United States citizen who has earned $600 or more, Fansphera is required to issue you a Form 1099-K at year end. For purposes of Forms 1099-K, we treat all creator earnings as earned for the sales of goods or services. You are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you’ve earned on Fansphera.

We are additionally responsible for a number of transactional taxes across the world. These include, but are not limited to, Valued Added Tax (“VAT”), Goods and Services Tax (“GST”) and other local service or sales taxes in non-US locations (collectively referred to as “VAT”), as well as state sales tax in the United States. In locales where we are required to collect transaction tax from users, invoices presented to and payments processed from userss will include the tier or custom payment amount plus the applicable tax. Applicable tax will be charged in addition to the price of a relevant transaction based upon the benefits that you indicate that you will be offering. We will use the benefit categories that you assign to your membership or offering to calculate, collect, and remit the applicable taxes. You are responsible for ensuring that all of your benefits are properly categorized using good faith efforts and to the best of your ability using the available tools. You agree to provide accurate information when you are engaging with the tier tools, sales tax weighting tools and, generally, when listing and categorizing benefits transferred within membership tiers and offerings. Once settled, the tax amount will be automatically deducted, and we will remit directly to the applicable taxing authority. A record of the transaction tax portion of the payment will be available on your earnings details page.

Amounts payable under this agreement between a creator and Fansphera may include VAT or sales tax where applicable. You agree that you will provide us with any information and documents for accurate tax determination and compliance, where and as we request or as otherwise required.

Restrictions

We don’t allow creations and benefits that violate our terms or policies. You can learn more by visiting our Community Guidelines.  A high level summary of those rules is that we don’t allow:

 

If your fans include people under the age of 18, then please remind them that they need their parent’s or legal guardian’s permission to purchase an offering or membership subscription on Fansphera, and that those under the age of 13 cannot use Fansphera. We are not required to allow any particular person or group of persons to access an offering, be a user or otherwise access Fansphera services.

As a creator, you are also responsible for keeping user data safe. You agree to our Data Processing Agreement (DPA) that we sometimes refer to as the Creator Privacy Promise. 

An account is tied to your creative output and cannot be sold or transferred for use by another creator.

We are constantly experimenting with product features to make Fansphera better and may add, remove, or test features with a subset of creators. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations. 

All about being a user

To summarize: A user is someone who subscribes and/or makes a purchase on Fansphera, which may come with special benefits from creators and freelancers they love. Through a subscription or offering on Fansphera, users may receive benefits and directly interact with creators using tools supplied by us, and, through Fansphera, have the opportunity to engage with a community of users and creators.

As a user, you’re supporting a creator and may receive special benefits like shoutouts, exclusive creations, or merchandise. You pay on a one-time or automatically-renewing subscription basis as specified; Fansphera is the billing entity that is associated with this charge. If your primary payment method fails and you’ve configured one or more backup payment methods, then we will charge those backup payment methods based on that configuration.

The timing and amount of each subscription or offering depends on the type of subscription or offering you select and the creator you support. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscription and your billing history.

To become a user, simply open  an  account for free and start following creators or subscribing or purchase a paid subscription or other offering on Fansphera. Subject to these terms and full payment of all applicable charges, to the extent a subscription or offering includes access to one or more of a creator’s creations, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you, but may become unavailable at any time as described below.

In addition to one-time purchases, there are three types of paid, automatically renewing subscriptions offered on Fansphera. One is a monthly subscription where you pay per month. The second is a per-creation subscription where you pay per-creation posted by the creator. You can set a limit on the number of creations you pay for in a single month under this per-creation subscription model. The third is an annual subscription, where you pay for a year of access up front, typically at a discounted rate. Not all types of membership subscriptions are offered by all creators and the then current subscription options for a given creator will be presented to you prior to entering into the membership.

Each type of paid subscription automatically renews monthly (for monthly and per-creation memberships) or annually (for annual memberships) until you cancel via your membership settings. If your subscription includes a free trial, then, unless you cancel via your membership settings before your free trial ends, you will be charged for the first time after the specified free trial period ends and you’ll start an automatically renewing paid subscription on Fansphera of the type you selected. Your recurring charge date may be earlier than the date you first subscribed for reasons including, for example, differences between your timezone and the timezone in which our billing systems operate and your most recent previous charge date being earlier due to variances in the length of months. The amount you are charged for a membership subscription may increase with notice to you. This enables creators to, for example, adjust membership prices to account for increased costs, new or different benefits, or other changed circumstances, just like any other business. Similarly, this enables Fansphera to, for example, account for new currency exchange rates by refreshing the conversion rate applied when a user pays in a currency different than the one chosen by the creator. Fansphera does not control the applicable tax that you may be charged and this amount may increase without notice to you.

You may cancel your free trial or recurring payments at any time, as described above.  For monthly and annual memberships, canceling or lowering the tier support of your membership will impact your next recurring charge. For per-creation memberships, lowering the tier support of your membership will impact your next per-creation charge and canceling your membership will go into effect before your next per-creation charge. Annual memberships may be canceled or increased, but not lowered, and increasing your payment to a higher tier level in an annual membership will go into effect in the current payment term. When you increase your payment during the current payment term, you may be credited for any payment already made in that term. For example, if you upgrade from a monthly membership to an annual membership, then the amount you already paid for that particular month may be credited toward, and thereby reduce the first year cost of, the annual membership.

Canceling your membership or lowering the tier support below the applicable threshold may result in your loss of access to membership subscription benefits, including a creator’s fan-only posts and other benefits. You may also lose access to offerings you’ve purchased and membership subscription benefits if, for example and as applicable, your payment method fails, we terminate your account, the creator blocks you, the creator stops making offerings and/or memberships available on Fansphera, the creator deletes their Fansphera account, the creator changes who has access to an offering and/or membership, the creator removes a post or offering from their Fansphera account, we remove the creator from Fansphera, we change who has access to an offering and/or membership, or we remove a post or offering from from a creator’s Fansphera account. We are not required to allow you to access an offering, be a user of, or to otherwise interact with any particular creator.

Membership subscriptions and offerings vary and we have limited control over the quality and specific benefits. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep the Fansphera community safe.

If you are located in a jurisdiction in which Fansphera is required to charge and collect tax, for example VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing an offering or starting a paid subscription. Fansphera remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.

If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

We are constantly experimenting with product features to make Fansphera better and may add, remove, or test features with a subset of users. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations. 

Refunds. Our policy is not to provide refunds, including if you lose access to offerings and/or membership subscription benefits as described above, though we may allow for some exceptions where refunds are granted at our sole discretion. 

Fansphera's role

To summarize: We may look at some pages and posts on Fansphera and review reported pages to identify potential violations of these terms and our policies.

We look at some pages and posts on Fansphera to enforce these terms and our policies, including our Community Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and, primarily because Fansphera may be exposed to risk based on what is done with funds earned on Fansphera, may include reviewing activity outside of Fansphera.

In most situations, we will work with creators and users to resolve any potential policy violations and allow the creator or user to continue using Fansphera. Fansphera may terminate creator or user accounts when we believe it is necessary to protect creators, users, Fansphera, or the broader community, but it is not an action we take lightly.

Fansphera reserves the right to remove a creator or user from participating in annual memberships. Removing a creator from participation in annual memberships will remove the option for further users to purchase annual subscriptions on Fansphera for that creator. Removing a user from participation in annual memberships will prohibit that user from purchasing further annual membership subscriptions on Fansphera for any creator. This will not, however, result in an automatic removal of the creator or user from Fansphera, unless there is an independent basis for that removal.

Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them here.

Account deletion

To summarize: You can delete your account . We can terminate or disable your account at our sole discretion.

You can permanently delete your account at any time by contacting us at contact@fansphera.com.

We can terminate or suspend your account at any time at our sole discretion. We can also cancel any membership subscriptions and remove any descriptions, posts, offerings, or benefits at our sole discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account.

Your creations

To summarize: Creators keep full ownership of their creations and users keep full ownership of what they post on Fansphera, but give us permission to use them as part of Fansphera’s services. Make sure you have permission to post the creations that you make available on Fansphera.

Creators keep full ownership of their creations and users keep full ownership of what they post on Fansphera, but we need licenses from you for this material in order to operate Fansphera’s services effectively. By making creations available on Fansphera or otherwise posting on Fansphera, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creation or what you post in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize Fansphera’s “legitimate interest” in it in accordance with the scope of this license.

This sounds like a lot, but it’s important for us to operate our services, including hosting creations, providing and promoting memberships to all our users, and enabling community features like post comments. For clarity, you keep full ownership over your creations and what you post on Fansphera; we are not buying your intellectual property rights or leasing them from you for our gain. We will never try to steal your creations, use them in an exploitative way, or seek to profit off of them by any means other than facilitating memberships and offerings you’ve configured on Fansphera. 

You agree not to make available creations or otherwise make posts on Fansphera that infringe others’ intellectual property or proprietary rights. Fansphera reserves the right to remove creations and other material that violate Fansphera’s terms and policies, including these Terms of Use and the Community Guidelines. We respond to complaint notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of creators and users who are the subject of repeated compliant notifications of claimed copyright infringement or other evidence that suggests a pattern of repeat infringement.

Users may not use creations posted by creators in any way not authorized by the creator, including sharing those creations with others who have not purchased the offering or subscription through which those creations were made available. 

However, free posts are available for all fansphera users, anyone can share or repost  items throughout the fansphera platform.

Third-party apps and services

To summarize: You may grant third-party apps and services access to your Fansphera account and you may grant Fansphera access to third-party apps and services. You may also revoke this access.

When you connect your Fansphera account to other websites, apps, you may be asked to give those websites, apps, or services access to information about your Fansphera account and/or permission to perform actions within your Fansphera account on your behalf. If you choose to take this authorization action, then we will follow your instructions and grant the access or permission that you’ve selected. You can learn more in our Privacy Policy.

Fansphera's creations

To summarize: You agree that any bug reports or suggested improvements that you provide to Fansphera will be fully owned by Fansphera. Creators can use our copyrights or trademarks to promote their Fansphera pages, but can’t use them for anything else without our permission.

Our creations are protected by copyright, trademark, patent, and trade secret laws. Some examples of our creations are the text on the www.Fansphera.com site, the text on Fansphera’s other websites, our iOS and Android apps, our APIs, our embeds, our logo, and our codebase. We grant creators a license to use our logo and other copyrights or trademarks to promote their Fansphera pages. You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

We welcome your feedback on the performance of the Fansphera product, including any early-access, beta, or test features to which you’ve been given access, and your help in identifying any problems, bugs, and defects. You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve Fansphera and thereby better help the community of creators and users.

Indemnity

To summarize: If we are sued because of your use of or conduct on Fansphera, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Fansphera. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Warranty disclaimer

To summarize: We do our best to make sure Fansphera works as expected, but stuff happens.

Fansphera is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, whether express or implied, is excluded and disclaimed to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service providers.

Limitation of liability

To summarize: If you lose money as a result of using Fansphera, any payment to you is limited to the amount of money we have earned through your use of Fansphera.

To the greatest extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of Fansphera. To the greatest extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Fansphera. We are specifically not liable for loss associated with unfulfilled offerings and benefits and from losses caused by conflicting contractual agreements. For this clause, “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Dispute resolution

To summarize: If you have a problem, please talk to us. Any disputes with us must be resolved in New York under New York law.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of Fansphera, then the dispute will be resolved in the federal or state courts located in New York. Both parties consent to the exclusive jurisdiction and venue of the New York courts for the purpose of resolving any such dispute. New York, excluding its conflict of law provisions, governs these terms, all other Fansphera policies, and any dispute that arises between you and Fansphera.

Everything else

To summarize: These terms are the final word on Fansphera’s policies and we will tell you if we make material changes to them.

These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don’t create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future. 

We may sometimes make changes to these terms. If we make a change to these terms that, in our sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use Fansphera after a change means you accept the new terms or policies.

If you sign-up to receive text messages from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

If you have any other concerns, questions about Fansphera please contact us at contact@fansphera.com.

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