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Fanhub is a content sharing and scheduling platform that enables Models to connect their audiences with their most recent and relevant content.
By accessing, using or visiting www.fanhub.com (“we”, “us”, “our” or this “Website”), any of its Content, functionalities and services, you signify your agreement to these Terms of Service including policies and related guidelines (collectively “Terms of Service”), and our Privacy Notice and incorporated herein by reference.
You may terminate these Terms of Service at any time by deleting your account and refraining from further use of our services.
These Terms of Service apply to all Models and users who may also be contributors of content, of this Website (collectively "you", "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.
“Account” means a Pornhub Model Partner Program account.
“Content” includes text, graphics, videos, links, products and any other materials you add to your Fanhub profile.
“Models” means users of this Website who have joined our Pornhub Model Partner Program and who may use their Pornhub Model Partner Program account to access this Website as a registered Model and are subject to its terms and this Terms of Service.
If you do not agree to any of these Terms of Service or our Privacy Notice, please do not access or use this Website.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
You affirm that:
Fanhub is committed to launching a stable and discoverable platform that integrates core infrastructure and Model data. As part of this initiative, your account on Fanhub will be automatically set up in conjunction with your existing Pornhub account, streamlining your user experience and management of content across platforms. Key features include a "More of Me" button on your Model page on Pornhub, which will redirect users to your designated Fanhub landing page. This integration facilitates seamless traffic flow and enhances discoverability, enabling your audience to easily access and engage with your content on Fanhub.
You are responsible for ensuring that all content and activities associated with your account comply with our Terms of Service and Privacy Notice.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website in our sole discretion and without notice. We may amend our Terms. If we do, we will give you a reasonable advance notice in a transparent manner. Unless otherwise specified by us, you will be deemed to have agreed to any such changes unless you notify us, in writing and prior to the effective date of the changes, that you do not agree. If you do not agree to the changes, you may no longer use the Website after the proposed changes come into effect. In this case, either you or we may terminate these Terms with immediate effect.
Each updated version of this Terms of Service supersedes any prior version as of the "Last Modified" date found at the top, and any prior version(s) shall have no continuing legal effect.
This Website allows you to create a single customizable page containing multiple links to your other online content.
This Website may contain links to third party sites that are not owned or controlled by this Website. This Website has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party sites. In addition, this Website will not and cannot censor or edit the content of any third-party site. By using any of this Website, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave this Website and to read the terms, conditions, and privacy policies of each other site that you visit.
This Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by this Website.
You understand and acknowledge that when using this Website, you will be exposed to content from a variety of sources, and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
You may link to this Website, 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 without our express written consent. The sites from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
By registering as a User on this Website (and by using the same), you expressly and specifically consent to receiving electronic communications from us relating to your account. Pornhub provides multiple contact options in accordance with the Digital Services Act (DSA), which you can use for communications on topics specific to the DSA: you can reach us via email at dsa@fanhub.com, through our webform, or by mailing us at Aylo Freesites Ltd, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, 2540, Nicosia, Cyprus.
For any removal orders pursuant to Regulation (EU) 2021/784 (the “Terrorist Content Online Regulation” or “TCO”), designated competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by e-mail, which you may respond to with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in either English or Greek.
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to Users.
You are responsible for:
To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. To know more about the information required to use this Website to upload Content, please refer to the Sections entitled "Rules Applicable to All Content and Uploaders on this Website" and "Rules Applicable to Models", as well as Privacy Notice. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you interact with us or with third-party service providers, you agree that all the information that you provide is and will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
Fanhub and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Website, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or vice versa.
This Website and certain materials available on or through this Website are Content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website. Interference with the display of any advertising on this Website, use of ad blocking software to block or disable any advertising while viewing this Website, or use of information obtained from or through this Website to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Website and Works and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
This Website may provide an “embeddable player” feature, which you may incorporate into your own website for use in accessing the Content on this Website. You may not modify, build upon or block any portion or functionality of the embeddable player in any way, including but not limited to links back to this Website.
The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Website whole and intact as presented by this Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.
To upload Content to this Website, you must be a Model. However, we want to ensure that everyone who visits the Platform can do so safely. You are responsible for your own Content, therefore represent and warrant that with respect to all Content you will upload on this Website:
Failure to comply with these Terms of Service or any related contracts you will enter into with us, or should we determine that any of the statements above is untrue, or not complied with, we may, in our sole discretion, refuse to include the Content or any part thereof or any references to such Content on this Website, remove the Content in question from this Website, forfeit all accrued or pending earnings, cancel all current or pending payouts, terminate your Account and take any measures necessary to minimize or eliminate any liability.
For the purposes of this section:
Class 1A Material and Class 1B Material may hereinafter collectively be referred to as “Illicit Material”.
Per the provisions of the Online Safety Act (2021) (the "OSA") Models hereby must ensure and subsequently warrants that:
If you want to become a Model and post Content through this Website, you must first join the Pornhub Model Partner Program and agree to its terms and conditions.
We may, in our sole discretion, decline your application to join our community of content providers for any reason.
You may be asked to provide a valid email address for verification purposes. You will choose your own screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your Account (you must keep your password secret and secure). Certain changes to your personal information such as your name and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our staff to have this done.
Before you are able upload Content on this Website, you need to verify your identity. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), an international passport, citizenship card, state ID, national passport, or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us with multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by our Privacy Notice.
When you post Content on your Fanhub profile, you grant us a worldwide, royalty-free, and perpetual license to: (a) use, publicly display, distribute, modify, adapt, and create derivative works of your content; and (b) use your name, image, voice, photograph, likeness, and any other personal attributes associated with the content. This license applies to use on the Website and across all media platforms, including our social channels and other advertising. The content you post on Fanhub will be accessible to other Users and Models. You affirm that you possess all necessary third-party rights to post the Content on Fanhub and to grant us this license. Importantly, you retain all ownership rights in your Content.
You are responsible for visitors to your profiles (“Profile Visitors”), which include users who may provide you with personal information via a contact form, subscribe to your profile or customers who purchase products or services through your profile - collectively known as “End Users”. You bear the sole responsibility for (a) how End Users engage with your profile and content, (b) ensuring that all your interactions with End Users, such as the sale of your products or services, data collection processes and email marketing are compliant with all applicable laws concerning your End Users, and (c) ensuring that transactions conducted between you and End Users via your profile are in accordance with the terms and conditions of that third-party platform.
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometric verification processes, technologies or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.
If you see any Content you suspect violates applicable law, third party rights, or these Terms of Service, please report such Content to us, using the electronic form available at Content Removal Request. Further, the Website does not permit any form of porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited use carefully before using this Website. Specifically, you agree not to use any of this Website to:
Additionally, you agree not to:
We have the right but not the obligation to take any of the following actions, including pursuant to when we detect, or are notified of, any activity or Content uploaded to the Website that infringes applicable laws, rights of third parties, or these Terms of Service. When deciding on appropriate action, we consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer:
We may also:
If we have reason to believe that Content violates any applicable law, third party right, or these Terms of Service, we may take appropriate interim actions (as described herein), to prevent potential harm to our further investigation. In deciding on the appropriate and proportionate course of action, we will give due consideration to the legitimate interests of the impacted User, any other potentially affected rights holders, and our own legitimate interests. In particular, we will assess the nature of the Content concerned, the gravity of the respective violation or illegality, and any indications on whether or not the Content contributor was at fault. In case an investigation was prompted following report by a User, we will also consider the explanatory information and evidence provided by such User and, if available, the reporting User’s submission history.
We use a variety of procedures and tools to identify, review and moderate Content. This includes both human and automated review, or a combination of both, depending on what is appropriate and required in each individual case.
Automated review may include the use of systems which assist us in identifying infringing Content, determining the prioritization of certain issues, and applying appropriate measures. Content may be compared against databases of digitally finger-printed content and other, similar repositories, such as (but not limited to) YouTube’s CSAI Match. Automated review may be subject to further, manual verification, in the context of which Content and measures may be reassessed.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through this Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
This Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any Content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to this Website by contacting legal@Fanhub.com.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, this Website may, but will not have any obligation to display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of this Website in an appropriate manner. In addition, this Website may, but will not have any obligation to, review and monitor private messages, public comments, public group chat messages, private group chat messages, or private instant messages posted by you. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
If we take any action concerning you, your Account, or any Content that you attempted to or uploaded on the Website, as set out in the section “Monitoring and Enforcement; Termination”, you may lodge a complaint against such decision. Similarly, you may lodge a complaint if you disagree with our decision following a notice you submitted for Content reporting or removal.
In either case, the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you. To lodge a complaint you may email dsa@fanhub.com from the email associated with your Account or wherefrom notice of the decision has been communicated, and the correspondence must include as much information as possible to allow us to investigate your complaint, and an explanation of the reason(s) for which you believe your complaint to be justified.
We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates that:
We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:
While adult-oriented Content is accepted, this Website reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, pornographic, obscene or defamatory material. In line with the provisions of the section titled “Monitoring and Enforcement; Termination”, we may, in our sole discretion, issue warning or take analogous, appropriate action (on repeat offences) against such infringements.
If you violate the letter or spirit of these Terms of Service or otherwise create risk or possible legal exposure for us, we can terminate access to this Website or stop providing all or part of this Website to you for any reasons at our convenience.
This Website operates a clear DMCA Policy in relation to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. As part of our DMCA Policy, this Website will terminate the Model’s access to this Website if, under appropriate circumstances, a Model has been determined to be a repeat infringer and in line with the provisions of the section titled “Monitoring and Enforcement; Termination” of these Terms.
This Website is not in a position to mediate trademark disputes between Models and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the Model in question or seek any resolution in court or by other judicial means. If you’re sure you want to report Content on this Website that you believe infringes your trademark, you can do so by contacting us at legal@Fanhub.com. This Website is willing to perform a limited investigation of reasonable complaints and will remove Content in clear cases of infringement. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide the rights owner’s name, your email address, and the details of your report to the person who posted the Content you are reporting. This person may contact you with the information you provide.
The information presented on or through this Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its Contents.
This Website includes Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.
We may update the Content on this Website from time to time, but its Content is not necessarily complete or up to date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Notice. By using this Website, you acknowledge that you have read and understand the terms of the Privacy Notice and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
This Website allows others to display advertisements using this Website. These third parties use technology to deliver advertisements you see using this Website directly to your browser. In doing so, they may automatically receive your internet protocol (IP) address. Others that place advertising using this Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of this Website. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or Content may be provided through the service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.
This Website generally does not collect personally identifiable information (data such as your name, email address, password, and the Content of your communications) unless you submit or communicate Content through this Website or register with us to use certain features of this Website. This Website will not disclose any personally identifiable information they collects or obtains except: (i) as described in these Terms of Service or our Privacy Notice; (ii) after obtaining your permission to a specific use or disclosure; (iii) if this Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect this Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires this Website, or the assets of this Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If this Website is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.
This Website will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect this Website. To enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect this Website, you agree to allow this Website to access your information.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless this Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR SERVICES, AND/OR (VI) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY SITES, FOUND ON OR THROUGH THIS WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITE OR ITS SITE OPERATOR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THIS WEBSITE OFFICERS, DIRECTORS, EMPLOYEES, SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO THIS WEBSITE MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED – POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THESE TERMS OF SERVICE AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Any claim by you that may arise in connection with these Terms of Service may be compensable by monetary damages up to, if any, a maximum of your paid subscription fee in the last twelve (12) months, and you will in no event be entitled to injunctive or other equitable relief.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You shall notify us in writing within two (2) working days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
This Website is operated by Aylo Freesites Ltd, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, Cyprus 2540. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: support@Fanhub.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.
This section shall only apply to Users located in the United States of America.
Except as set forth hereinabove, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including, but not limited to, a claim that all or any part of these Terms of Service is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibited. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement under this section does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims to Small Claims Court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other people or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction”, and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision within this section is determined to be invalid or unenforceable, that specific provision will be rendered null and void, and it will be severed from the rest of the section. However, the remaining provisions will continue to be fully effective and enforceable. A waiver of any provision in this section of the Terms of Service will only be valid and enforceable if documented in writing and signed by the party granting the waiver. Such a waiver will not affect any other part of these Terms of Service. This section will remain in effect even after the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN THE DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
This section shall only apply to Users located in the European Union.
We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.
If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.
We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:
Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us.
We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
These Terms of Service, your use of this Website, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to this Website. You agree that this Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
The Terms of Service, our Privacy Notice, our DMCA Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your Account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Service. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.
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Aylo Freesites Ltd, 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540