the "Content Agreement"
Last updated: March 22, 2022
JustforfansAPP promulgates this Content Agreement for the purpose to govern the mutual relationships between the Creator and JustforfansAPP as a Platform for submission of the Creator's Content.
The definitions in this Content Agreement that are not directly defined in the text of this document, shall be treated with Section 1 "Definitions" of the JustforfansAPP Platform Terms of Service at https://justforfans.app/terms.
Section 1. Relevant Parties of the Content Agreement
The relevant parties to this Content Agreement are the Creator and JusforfansAPP and Capablanca Digital OU, Estonia Company located at Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415 Estonia, registered on 25 febrary, 2022 under the number 16449972.
Section 2. General Terms
JustforfansAPP reserves the right to publish or not publish any Content you submit.
The Creator may submit Content to us if the Creator: (a) is at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age; (b) can execute a binding contract with us, (c) submits its Content in compliance with this Content Agreement, the JustforfansAPP Platform Terms of Service and all applicable laws.
The Creator will be verified by JustforfansAPP either itself or with using of a Third-Party Provider.
The Creator confirms and agrees that if JustforfansAPP needs to contact the Creator regarding the Content submission or other purpose, JustforfansAPP may contact the Creator via e-mail address provided by the Creator.
The Creator is obliged to provide JustforfansAPP with valid e-mail address and notify about any changes in relation to its e-mail address. By ticking "Accept" where indicated, applying for an Account on the Platform or by using our Platform, the Creator agrees that the Creator shall be bound by this Content Agreement, inter alia, other binding documents promulgated on our Website.
Section 3. Creator's License to JustforfansAPP
The Creator agrees and understands that JustforfansAPP may make use of the Creator's Content (alone or in combination with other works) for promotional or commercial purposes.
The Creator hereby grants JustforfansAPP a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use the Creator's Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known.
The Creator hereby waives any "moral rights" or similar rights in and to the Content in favor of JustforfansAPP and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of JustforfansAPP and its permitted transferees and sublicensees. The Creator hereby represents that the Creator has the right to grant the license and waivers stated above. JustforfansAPP reserves the right, in our sole discretion, to (a) edit the Creator's Content, (b) benefit commercially from the Creator's Content, (c) decline and delete the Creator's Content, (d) share the Creator's Content with governmental and other proper authorities subject to their request or demand.
All Content may be exploited on https://justforfans.app or other website in case of the Website migration.
Section 4. Creator's Obligations in relation to Content
1. When submitting Content, the Creator accepts the obligations NOT to:
submit material that violates someone's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage us, our Users or any third party;
publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
"stalk" or harass any person;
behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
solicit a User's password or other Account information;
make screenshots of the messages with other users and publish this information by any way;
make screenshots of other Users' Content and publish this information by any way;
use, publish or keep any information about other users that becomes available for the reason of mistakes or other problems in the Platform; or gather (or attempt to gather) User' names, addresses, or email addresses for any purpose.
2. The Creator is obliged to obtain and keep on record written consent from all persons depicted in the Content specific to the following areas:
Written and irrevocable consent to be depicted in the Content;
Written and irrevocable consent to allow for the public distribution of the Content and to upload the Content to the JustforfansAPP Platform;
If the Content is made available for downloading by other users, written and irrevocable consent to have such Content downloaded.
The Creator is obliged to verify the identity and age of all persons depicted in the Content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request of JustforfansAPP or its Third-Party Providers.
3. The list defined in Section 4.1. and obligations defined in Section 4.2. are examples and are not intended to be complete or exclusive.
4. JustforfansAPP reserves the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate this Content Agreement, and JustforfansAPP may, at any time and without prior notice, remove or disable access to any Content, that JustforfansAPP considers, in our sole discretion, to be in violation of this Content Agreement or otherwise harmful to the Platform.
5. We reserve the right to disclose any information that the Creator submits through the Platform, if in our opinion, we suspect or have reason to suspect, that the information and/or the Content involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
6. In addition to the obligations defined in Section 4.1. the Creator is obliged NO submit, post or upload any Content which:
contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory; relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers); involves the transmission of "junk" mail or "spam"; impersonates a person, company or brand with the intent to deceive or confuse others; contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from JustforfansAPP or otherwise; itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or contains images of children, even if you are also in the photo, or endangers minors.
7. We may not submit and we may remove or destroy any the Creator's Content submitted to the JustforfansAPP's Platform if we believe it violates this Content Agreement, the JustforfansAPP Platform Terms of Service or we are required to do so by applicable law.
8. We do not allow any Content that infringes intellectual property. The use of the Content belonging to others without proper authorization or legally valid reason may lead to a violation of our policies.
9. Any Creator's Content that infringes any other person's intellectual property may be removed. The Account of the Creator may be suspended or terminated for multiple intellectual property violations or just for the reason of one violation if JustforfansAPP considers its reasonable.
10. The Creator agrees to act as custodian of all records for the Content that the Creator submits or uploads.
Section 5. Indemnification
The Creator agrees and acknowledges that it is solely responsible for its Content. The Creator represents and warrants that it has all necessary licenses and clearances to use any pictures, photos, phrases, music, etc. contained in its Content.
As between the Creator and JustforfansAPP, the Creator shall be solely responsible for obtaining, prior to upload to the Platform, all rights in and to all music, inter alia, other items (e.g., sound recordings and musical works, etc.) in the Creator's Content.
To the maximum extent permitted by applicable law, the Creator agrees to defend, indemnify, and hold harmless JustforfansAPP, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, partners, agents, and advisors from any and all claims, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees and expenses), arising out of any third party claims in connection with any breach by the Creator's obligations in relation of the Content and in case of any other claims and demands arisen from the Creator's Content.
Section 6. Moderation
All Creator's Content is subject to the moderation by JustforfansAPP as defined in the Moderation policy reflected in the JustforfansAPP Platform Terms of Service.
JustforfansAPP may decline or delete any Creator's Content without any advance notice and without any reason.
Section 7. Governing Law and Dispute Resolution
This Content Agreement and the rights and duties of the parties hereunder shall be governed by and construed in accordance with the law of the Estonia.
Any dispute arising out of or in connection with this Content Agreement, including any question regarding its existence, validity or termination, shall be submitted, to the extent permitted by law, to the exclusive jurisdiction of the competent court at the registered office of JustforfansAPP.